Term and conditions
The following document defines the terms on which Kendallab offers service access and under no circumstances can these terms and conditions be altered without the written consent of a Kendallab authorized officer.
This agreement may be modified by Kendallab at any time without notice and it is the deemed responsibility of the users of Kendallab to check periodically for modifications.
- Membership Eligibility
Kendallab offers its services only to individuals who are able to enter into legally binding contracts. Kendallab does not offer services to minors or to users who have been temporarily or permanently suspended from using Kendallab for any reason. Further, Kendallab may refuse services to individuals or entities which, at the sole discretion of Kendallab, have been determined to pose harm or detriment to the Kendallab website.
- Fees and Services
Kendallab offers many services at no charge. These services include but are not limited to browsing, searching, registering, and bidding. A schedule of our services and fees may be found at Kendallab Fee Schedule. We reserve the right to modify our fee schedule at any time without advance notice. Notification of any charges to your account will be sent before they are incurred. All fees for Kendallab services are quoted in U. S. Dollars. Users are responsible for paying all fees and any applicable taxes incurred while using Kendallab services.
- Kendallab is a Media and Classified Advertising Service and Does Not Take Any Title to Goods
3.1 Listings and LabAuctions Although Kendallab provides a forum for buyers and sellers to negotiate a price and purchase used and surplus laboratory equipment, Kendallab is not a traditional auctioneer. Kendallab acts as a media service which allows anyone to offer, sell, solicit a purchase, and buy anything related to the laboratory, medical, or test/measurement areas, at any time, from anywhere around the world, in many different formats, including but not limited to a fixed-price format, an auction-style format (commonly referred to as a “LabAuction”), and an equipment-wanted format. Kendallab is not and will not become involved in the actual transaction between buyers and sellers. Subsequently, Kendallab can exercise no control over the quality, safety, or legality of the items advertised. Kendallab also has no ability to verify the truth or accuracy of the listings, the ability of the sellers to sell items, or the ability of the buyers to buy items. WE CANNOT ENSURE THAT A BUYER OR A SELLER WILL COMPLETE A TRANSACTION.
3.2 User Authentication. Due to the anonymous nature of the Internet, it is difficult and sometimes impossible to confirm each user’s purported identity. To that end, Kendallab has established a user- initiated rating system to help evaluate buyers and sellers. Kendallab also encourages communication directly with potential trading partners through the tools available on our site. To add an additional level of security to any transaction, Kendallab recommends the use of a third-party payment service or escrow provider when conducting a transaction with an unknown individual or company.
3.3 Release. Kendallab provides only the “service” which allows buyers and sellers to connect. Kendallab is not involved in the actual transaction. In the event that a dispute erupts with one or more users, Kendallab (its officers, directors, agents, employees, and subsidiaries) is released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes.
3.4 Information Control. Kendallab does not control the information provided by any user and made available through the Kendallab system. Please be aware that other users’ information may be found to be offensive, harmful, inaccurate, or deceptive. Exercise caution, common sense, and safe trading practices when using the Kendallab website. Please note that there are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks when dealing with international trade and foreign nationals.
- Listing and Selling
5.1 Listing Description. All users must be legally able to sell any item(s) posted for sale on the Kendallab.com website. A full description of the item, including all terms of sale, should be included on the listing page. Listings may include text descriptions, graphics, pictures, and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. If no category is selected, Kendallab will categorize each classified advertisement or auction as it deems appropriate.
5.1.1 Hyperlinks. The use of a hyperlink in any Kendallab listing (For Sale, LabAuction, Announcement) is exclusively reserved for Kendallab Advertising Sponsors. Kendallab will automatically include a hyperlink for all sponsors in their posted ads. Sponsors who have a specific need to include an additional hyperlink in their ad should contact their Kendallab sales representative for details. Wanted Ads are not permitted to have hyperlinks in them from any sponsor or non-sponsor. Any hyperlinks submitted by non-sponsors into Kendallab listings will be removed without notice. For more information about the use of hyperlinks in your ads contact Kendallab Customer Support.
- Solicitation And Interference
The Kendallab system encourages the open exchange of all types of industrial and scientific equipment, supplies, and other artifacts. Use of the Kendallab system to solicit against the interests of Kendallab and its users is prohibited. Kendallab users who solicit in the following ways will be liable for damages suffered by Kendallab:
6.1 Auction Interference. Any buyer or seller who solicits the premature closing of a LabAuction by offering to purchase the item at a higher price than the current bids will be suspended from the Kendallab system.
6.2 Auction Interruption. Any user who solicits an advertiser on Kendallab to remove his/her listing from the Kendallab system to post on a competitive system will be suspended from the Kendallab system.
6.3 Solicitation Against Kendallab. Any user who mines the Kendallab system to refer our users to competitive websites will be suspended from the Kendallab system.
6.4 Fair Access. A user or company can make up to ten (10) e- mail ad inquiries per day or 25 e-mail ad inquiries per seven (7) day period. Companies with multiple user accounts are also limited to ten (10) e-mail ad inquiries per day or 25 e-mail ad inquiries per seven (7) day period from all their user accounts combined. Kendallab processes e-mail from thousands of different users per month and our fair use policy (ten inquiries per day – 25 per week) meets the needs of over 99.9% of Kendallab e-mail users.
- Personal Information
8.1 Definition. “Personal Information” is defined as any information provided during the registration, bidding, or listing process, in any public message area, or through any e-mail feature. Users are solely responsible for all personal information, and Kendallab acts as a passive conduit for online distribution and publication of the user’s personal information.
8.2 Restrictions. Personal Information (or any items listed): must be explicitly and implicitly accurate; must not be fraudulent; must not be illegal; must be appropriate and pertinent to the subject matter of the Kendallab.com website; and must not contain any hyperlinks to locations outside of the Kendallab.com site without prior authorization from Kendallab or in cases in which this information is specifically requested by Kendallab. Kendallab reserves the right to modify or remove any information from the site for any reason it deems necessary.
- Access and Interference
It is agreed that there will be no use of any robot, spider, other communication device, or manual process to monitor or copy Kendallab web pages or the content contained herein without prior expressed written permission from Kendallab. It is agreed that use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Kendallab site or any auction being conducted is prohibited. It is agreed that no action will be taken that imposes an unreasonable or disproportionately large load on Kendallab infrastructure. Much of the information on the Kendallab site is updated on a real-time basis. It is agreed that no user shall copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Kendallab website without the prior expressed written permission of Kendallab or the appropriate third party.
The Kendallab User Rating system has been implemented to assist users when evaluating potential trading partners. Currently, the Kendallab User Rating System allows only the declared winner of a LabAuction and the seller to rate each other and only if a transaction has been completed. In the event that a transaction has not been completed, it is forbidden to submit feedback about the transaction, and the incomplete transaction should be entered appropriately in the “Incomplete Transaction” area. The Kendallab User Rating System also allows each member to respond to any feedback submitted. It is agreed that by using the Kendallab User Rating System, no action will be taken which will undermine the integrity of the Kendallab User Rating System. Kendallab cannot moderate or verify any information that is submitted via the user rating system. Once a user has submitted feedback to Kendallab via the appropriate form, these remarks and ratings are permanent and will not be removed or modified by Kendallab except under very specific circumstances.
In addition to other potential penalties, Kendallab may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate membership and refuse to provide services if: (a) there is a breach of this Agreement or the documents to which it refers; (b) Kendallab is unable to verify or authenticate any information provided; (c) Kendallab believes that a user’s actions may cause legal liability.
- Additional Legal Information
13.1 No Warranty. Kendallab and its suppliers provide its website and services “as is” and without any warranty or condition, expressed, implied or statutory. Kendallab and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
13.2 Liability Limit. In no event shall Kendallab or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with the site, the services, or this agreement (however arising, including negligence).
13.3 Indemnity. It is agreed to indemnify and hold Kendallab and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any breach of this Agreement or the documents to which it refers, or violation of any law or rights of a third party.
13.4 Legal Compliance. All users shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding the use of this service and bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
13.5 No Agency. All users and Kendallab are independent contractors, and no agency, partnership, joint venture, employer- employee, or franchiser-franchisee relationship is intended or created by this Agreement.
13.6 Notices. Except as explicitly stated otherwise, any notices shall be given by certified postal mail to Kendallab, ATTN: Legal Department, P. O. Box 216, 478 Bay Street, Midland, Ontario, Canada, L4R 1K9 (in the case of Kendallab) or to the e-mail address the user provides to Kendallab during the registration process (in the user’s case). Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Kendallab may give notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kendallab during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
13.7 General. This Agreement shall be governed in all respects by the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. Kendallab does not guarantee continuous, uninterrupted, or secure access to services, and operation of the site may be interfered with by many factors beyond Kendallab’s control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. It is agreed that this Agreement and all incorporated agreements may be automatically assigned by Kendallab, in sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purpose only and in no way define, limit, construe, or describe the scope or extent of such section. Kendallab’s failure to act with respect to a breach does not waive the right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between parties with respect to the subject matter hereof.
13.8 Disclosures. The services hereunder are offered by Kendallab, located at P. O. Box 216, 478 Bay Street, Midland, Ontario, Canada, L4R 1K9.
- Additional Terms
14.2 Outage Policy. Our Outage Policy is available for your review at Kendallab System Outage . Kendallab may change our Outage Policy from time to time without notice.
For more information Contact Us