(b) The rights and obligations of the parties under this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania, USA, for all actions arising out of or related to this Agreement and waives any other jurisdiction to which it is entitled by reason of its domicile or otherwise. (c) In the event of any legal proceeding between Seller and Buyer relating to this Agreement, neither party may assert the right to a jury trial, and both parties waive any right they may have under applicable law or otherwise a right to a jury trial. Any action arising out of this Agreement must be filed within one (1) year from the date the cause of action arose. (d) The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. (e) In the event that one or more provisions contained herein are held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially modifies the Agreement. (f) Seller`s breach or waiver of any breach of any provision contained herein shall not constitute a waiver of any other breach or provision. (g) Unless expressly stated otherwise on the device or in the accompanying documentation, the device is intended solely for research purposes and may not be used for any other purpose, including, but not limited to, unauthorized commercial uses, in vitro diagnostic medical devices, ex vivo or in vivo therapeutic applications, or any form of consumption or use in humans or animals. (h) Buyer agrees that all prices, discounts and technical information provided by Seller to Buyer are confidential and proprietary information of Seller. Buyer agrees (1) to keep such information confidential and not to disclose it to third parties, and (2) to use such information solely for Buyer`s internal purposes and in connection with the products delivered hereunder. Nothing herein restricts the use of publicly available information.
THE FOREGOING INDEMNIFICATION PROVISION SETS FORTH SELLER`S ENTIRE LIABILITY TO BUYER FOR THE CLAIMS DESCRIBED HEREIN. If you have worked with a Fisher Scientific Account Representative, you can include their name. Checklist of items required to guide, prepare and simplify your application process. Please provide the following information so that we can properly set up your account and support your business. UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING CONDITIONS: Fisher Scientific Company L.L.C. (“Seller”) hereby offers for sale the products listed on the front (the “Products”) to the buyer named on the front (“Buyer”) on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein.