This page sets out the terms and conditions on which Horizon Discovery Group plc (“Horizon”) supplies the products (“Products”) listed on Horizon’s website www.horizondiscovery.com (“Our Site”). Please read these terms and conditions carefully before ordering any Products.
By ordering any of Horizon’s Products, you agree to be bound by these terms and conditions and the applicable Limited Use Label License (“LULL”). If you need to view this LULL then please send a contact request.
Information about Horizon
Horizon operates the website www.horizondiscovery.com. Horizon Discovery Group plc is a company registered in England and Wales under company number 8921143 and with its registered office at Building 8100, Cambridge Research Park, Waterbeach, Cambridge, CB25 9TL. Horizon’s VAT number is GB 189 1993 44.
How an order is fulfilled between you and Horizon
After placing an order through our web-based ordering system, you will receive an e-mail from Horizon acknowledging that Horizon has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Horizon to license the Products. Orders can also be placed directly with Horizon by email, phone or fax. All orders are subject to acceptance by Horizon, and Horizon will confirm such acceptance to you by sending you an email that confirms that the Products have been despatched (“Despatch Confirmation”). The Order agreement between Horizon and you shall be subject to, and incorporate, these terms and conditions and the terms of the applicable LULL, and will only be formed when Horizon sends you the Despatch Confirmation. (“Contract”).
The Contract will relate only to those Products whose despatch Horizon has confirmed in the Despatch Confirmation. Horizon will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
Limited Use Label License
The Products and their use are subject to the proprietary rights, including patent rights, of Horizon. You acknowledge that the Products embody Horizon’s, confidential proprietary information and know how. Horizon grants you a non-exclusive, non-transferable, license to use the Products for the term of the license solely for the permitted purposes as defined in the LULL and may not be used for any other purposes
LULL(s) must be agreed to as a condition of product dispatch.
Price and payment
Horizon will provide invoices for the License Fee, as specified in the LULL, at the time of shipment, and annually thereafter (if applicable) for the term of the License. Each installment of the License Fee shall be paid by you within ten (10) days of receipt of each invoice.
In the event of failure to pay by the due date, Horizon reserves the right to withhold delivery of any subsequent Product and to charge interest on overdue amounts at the rate of four per cent (4%) above the then prevailing bank rate of the Bank of England.
If you order Products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Horizon have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Horizon accepts payments through it's online ordering system in pounds sterling (£) and U.S. dollars ($) based on location of ordering.
Acceptance and returns
You must inspect the Product upon delivery and notify Horizon’s Technical Services Department (at the address below) of any Product which does not meet the order in terms of the type or quantity of Product ordered, within ten (10) days of your receipt of the relevant Product. If Horizon does not receive notice within this period you will be deemed to have accepted the Product. Product may not be returned to Horizon without agreement from Horizon’s Technical Services Department.
Horizon’s liability to you shall be limited to the sums paid for the Product during the twelve (12) months prior to the claim.
Horizon shall not be liable for:
Save that nothing in this Contract shall be taken to exclude any liability of Horizon for death or personal injury caused by its negligence or due to its fraudulent misrepresentation.
THE PRODUCT IS SUPPLIED TO YOU SOLELY FOR THE PURPOSE AND IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCT IS FREE FROM ANY THIRD PARTY CLAIMS.
Contracts for the purchase of Products through Our Site are governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation will be subject to the exclusive jurisdiction of the courts of England, save that Horizon may bring an action against you for non-payment in any jurisdiction it deems desirable.
Availability and delivery
Horizon will use its reasonable efforts to fulfil your order as quickly as possible. If shipment from Horizon is not possible within 5 working days, you will be notified by phone or email.
Risk and title
The Products will be at your risk from the time of delivery to you. Ownership of the Products will remain with Horizon save that you shall have a license to use the Products in accordance with the LULL. You undertake either to use or destroy all Products within the term of the LULL.
When using Our Site or placing orders by, email phone or fax, you accept that communication with Horizon will be mainly electronic. Horizon will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Horizon provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to Horizon must be sent to Building 8100, Cambridge Research Park, Waterbeach, Cambridge CB25 9TL or email@example.com. Horizon may give notice to you at either the e-mail or postal address you provide to Horizon when placing an order. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
You shall not assign or sub-contract any of your rights or obligations pursuant to this Agreement without the prior written consent of Horizon. Horizon may assign or sub-contract any of your rights or obligations.
This Contract, constitutes the entire understanding and agreement of Horizon and you with respect to the subject matter hereof and cancels and supersedes all prior agreements, whether verbal or written, between ourselves with respect to the subject matter hereof. Each of Horizon and yourself respectively acknowledge that, in entering into this Contract, it has not relied on, and, to the extent permitted by law, shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Contract. No modification of any provision of this Contract shall be effective unless made in writing and signed by a duly authorized officer of both yourself and Horizon.
If any one or more of the provisions of our Contract should be held by any court to be unenforceable, such provision shall be validly reformed to as nearly as possible to approximate the intent of the provision and, if unreformable, shall be divisible and deleted in such jurisdiction.
Horizon's right to vary these Terms and Conditions
Horizon has the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from Horizon, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Horizon notifies you of the change to those policies or these terms and conditions before Horizon send you the Despatch Confirmation (in which case Horizon have the right to assume that you have accepted the change to the terms and conditions, unless you notify Horizon to the contrary within seven working days of receipt by you of the Products).