Terms of service



Indemnification

In the event of a claim by a third party of infringement of proprietary rights, trademarks, or patents, resulting from compliance with Buyer’s designs, specifications, or instructions Buyer will defend, indemnify and hold Ilex Life Sciences harmless against any expense or loss ensuing from such a claim.

Force Majeure

Ilex Life Sciences shall not be liable for any loss, delay or failure to perform resulting from any circumstance, direct or indirect, reasonably beyond its control including, without limitation, fire, flood, accident, explosion, mechanical breakdown, strike or other labor trouble, plant shutdown, unavailability of or interference with the usual means of transporting the Product or compliance with any law, regulation, order, recommendation or request of any governmental authority. In addition, Ilex Life Sciences shall be so excused in the event it is unable to acquire from its usual sources and on terms it deems to be reasonable, any material necessary for manufacturing the Product. In the event that there should be a shortage of any Product, Ilex Life Sciences may apportion its available Product among itself, its affiliates and all its customers in such equitable manner as it deems fair and reasonable. Any delivery date may be extended, at Ilex Life Sciences' option, to the extent of any delay resulting from any force majeure event.

Limitation Of Liability

In no event shall Ilex Life Sciences be liable for any consequential, incidental, indirect, exemplary, punitive, special or other damages whatsoever resulting from Ilex Life Sciences’ performance or failure to perform under these terms or the furnishing, performance or use of any products sold pursuant hereto. In no event shall Ilex Life Sciences’ liability exceed the U.S. dollar amount equal to the amount paid by buyer for the cost of the products paid by buyer under the applicable invoice giving rise to a claim.