Products

Our products are for laboratory use only. Aurora Scientific products are not approved for human use unless specifically stated in writing with accompanying FDA (or applicable) documents. Aurora Scientific assumes no liability or legal, moral, ethical, or fiduciary responsibility for a use of any product in the Aurora Scientific catalog in treating or studying humans.

Terms of Trading
All quotations exclude Sales Tax and/or VAT as well as taxes, customs or duties that may have to be paid on import. Terms of Delivery are INCOTERMS 2010 (FOB, Destination). Payment is 100% upon delivery Net 30 days credit. VISA/Mastercard are accepted for orders up to $5,000US. Payment for all other accounts is in advance. If paid in advance export insurance (where applicable) will be waived. Any offer to purchase or Purchase Order is binding on Aurora Scientific Inc. only after acceptance by Aurora Scientific Inc. Prices and specifications are subject to change without notice. Goods remain the property of the seller until paid for in full. Interest and debt-recovery charges may be applied to overdue payments. Non-enforcement of any of the seller’s rights or terms will not constitute a waiver of the seller’s right to invoke and enforce such terms in the future. Limited Warranty of 3 years parts and labour on items manufactured by ASI, resold parts carry the original manufacturer’s warranty.

Credit Terms
Net 30 days from date of invoice to customers with satisfactory credit references.

Standard Equipment & Accessories
To insure against misunderstandings or delays, always include model number, name, and significant specifications of systems and accessories when ordering. Also specify any options desired. Aurora Scientific retains the right to change specifications or discontinue products without prior notice and without responsibility for incorporating such changes into equipment previously sold. Please state the desired operating line voltage and frequency.

Performance Guarantee, Technical Support and Warranty

Aurora Scientific Inc. is dedicated to providing you with products that allow you to meet your research goals. For this reason we offer a performance guarantee, technical support and a new product warranty. Our performance guarantee ensures you purchase the correct instrument for your research. Technical assistance is always free and will be available for the life of your product. If you do have a problem with a product then please know that all Aurora products are covered by a three year warranty covering both parts and labour.

Performance Guarantee

Aurora Scientific’s Performance Guarantee is intended to ensure that if you are not completely satisfied with the items that you have purchased you may exchange them for a different model or return them for a full refund.

Our guarantee presupposes that the user has made a reasonable effort to use the product as intended and/or has contacted Aurora Scientific directly for advice or assistance before invoking the performance guarantee. The guarantee also presupposes that Aurora Scientific has made every reasonable effort to rectify the issue through other means before exchange or return of the instrument.

To invoke the performance guarantee, either verbal (phone) or written (email) communication must be made to Aurora Scientific within 90 calendar days of receiving the product. Aurora Scientific reserves the right to grant an extension period of 90 days, on a case-by-case basis.

Our performance guarantee will carry no re-stocking fee and no return freight charge. However, Aurora Scientific reserves the right to charge for any parts or labour to repair instruments that have been damaged due to carelessness, neglect, malice or for any other reason which would not be considered reasonable use.

Technical Support

Aurora Scientific Inc. is dedicated to providing you with products that allow you to meet your research goals. For this reason technical assistance is always free and will be available for the life of your product. Please contact us if you have any technical support issues.

Warranty

Products manufactured by Aurora Scientific Inc. (ASI) are guaranteed to the original purchaser for a period of three (3) years. Under this warranty, the liability of ASI is limited to servicing, adjusting and replacing any defective parts that are of ASI manufacture. ASI is not liable to the customer for consequential or other damages, labour losses or expenses in connection with or by reason of the use or inability to use the products manufactured by ASI. Guarantee of parts and components not manufactured by ASI shall be the same as the guarantee extended by the manufacturer of such components or parts. Where possible such parts returned to ASI will be sent to the manufacturer for credit or replacement. Ultimate disposition of these items will depend upon the manufacturer’s decision. All shortages must be reported within thirty (30) days after receipt of shipment. Except where deviations are specified in literature describing particular products, the limited warranty above is applicable to all ASI products, provided the products are returned to ASI and are demonstrated to the satisfaction of ASI to be defective. Transportation costs of all products returned to ASI must be borne by the customer and products must be returned to ASI within three years after delivery to the original purchaser. ASI cannot assume responsibility for repairs or changes not authorized by ASI or damage resulting from abnormal or misuse or lack of proper maintenance. It is the sole responsibility of the buyer/user to apply the product in a manner consistent with its intended use.

Repair or service work not covered under the limited warranty will be billed at current service rates.

NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES WHETHER FOR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE, OR OTHERWISE OTHER THAN THOSE EXPRESSLY SET FORTH ABOVE WHICH ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, SHALL APPLY TO PRODUCTS SOLD BY ASI, AND NO WAIVER, ALTERATION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF ASI.

Claims and Returns

Inspect all shipments upon receipt. Missing cartons or obvious damage to cartons should be noted on the delivery receipt before signing. Concealed loss or damage should be reported at once to the carrier and an inspection requested. All claims for shortage or damage must be made within ten (10) days after receipt of shipment. Claims for lost shipments must be made within thirty (30) days of receipt of invoice or other notification of shipment. Please save damaged cartons until claim is settled. In some instances, photographic documentation may be required. Do not return any goods to us without obtaining prior approval and instructions from our Returns Department. Goods returned unauthorized or by collect freight may be refused. Goods accepted under our Performance Guarantee must be in new condition, returned within 60 days, and will be exchanged, credited to your Aurora Scientific account or refunded as per your request. Goods returned which were ordered by customers in error are subject to a 25% restock fee. Equipment which was built as a special order cannot be returned.

Repairs

Contact our Sales Department for assistance in the repair of apparatus. Do not return goods until instructions have been received. Returned items must be securely packed to prevent further damage in transit. The customer is responsible for both shipping and brokerage charges so please mark the waybill accordingly. Please don’t ship freight collect. Shipments sent freight collect will be received but you will be invoiced for the shipping and brokerage charges when your instrument is returned. Aurora Scientific Inc. carries shipping insurance that covers shipments both to and from us. Therefore your shipment will be covered by our insurance policy and you do not need to purchase shipping insurance from the courier. Identification of the item(s) by model number, name, serial number and Return Material Authorization (RMA) number as well as a complete description of the difficulties experienced should be written on the RMA request form and a copy of the form must be included with the item. Clearly write the RMA number on the outside of the shipping package next to the shipping label. After we receive the instrument we will evaluate it and contact you with the estimated repair cost. We require a purchase order before we can repair and return your instrument.

Aurora Scientific Software End User License Agreement

IMPORTANT – PLEASE READ CAREFULLY

Please note the following preliminary terms, which use some of the definitions set out in paragraph 1 below:

This Agreement: This Agreement, and any new versions, between Aurora Scientific Inc. and You, covers all Your use of Aurora Scientific Inc. Software from any terminals where Aurora Scientific Inc. Software has been installed, by You or by third parties. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by Aurora Scientific Inc.

Additional Terms: Your agreement with Aurora Scientific Inc. will also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 7 below. In order to use the Aurora Scientific Inc. Services, You must accept the Additional Terms. You can accept the Additional Terms by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the Aurora Scientific Inc. Services, in which case You acknowledge and agree that Aurora Scientific Inc. will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the “Terms”. If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant Aurora Scientific Inc. Service. You should print off or save a copy of the Terms for your records.

Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Aurora Scientific Inc. Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: If the law of Your country prohibits You from installing or using Aurora Scientific Inc. Software because You are under the age limit or because the Aurora Scientific Inc. Services are not allowed in Your country, please don’t use it.

1. Definitions

1.1 The following terms and expressions shall have the following meanings:

Additional Terms: the terms and conditions and policies applicable to Your use of the Aurora Scientific Inc. Software and the Aurora Scientific Inc. Services, in addition to this Agreement.

Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Aurora Scientific Inc.. For the purpose of this definition, the word “control” shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.

Documentation: any online or otherwise enclosed documentation provided by Aurora Scientific Inc..

Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the Aurora Scientific Inc. Software by You, whichever occurs earlier.

IP Rights: means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.

Aurora Scientific Inc.: refers to the company established under the laws of Canada, Aurora Scientific Incorporated, with its address at 25 Industry St., Aurora, Ontario, Canada.

Aurora Scientific Inc. Services: the Aurora Scientific Inc. Website and any other products and services made available to You by Aurora Scientific Inc. or its Affiliates, in addition to the Aurora Scientific Inc. Software.

Aurora Scientific Inc. Software: the software distributed by Aurora Scientific Inc. as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.

Aurora Scientific Inc. Staff: the officers, directors, employees and agents of Aurora Scientific Inc. or its Affiliates, or any other persons hired by Aurora Scientific Inc. or its Affiliates.

Aurora Scientific Inc. Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL, www.AuroraScientific.com.

Terms: has the meaning given in the “Additional Terms” preliminary term above.

UI: the user interface of the Aurora Scientific Inc. Software.

You: You, the end user of the Aurora Scientific Inc. Software, also used in the form “Your” where applicable.

1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.

1.3 Any phrase introduced by the expressions “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. License and Restrictions

2.1 License: Subject to the terms of this Agreement, Aurora Scientific Inc. hereby grants You a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, license to install and use one copy of the Aurora Scientific Inc. Software on Your computer, for the sole purpose of conducting experiments with equipment provided by Aurora Scientific Inc., communicating with any other applications that may be explicitly provided by Aurora Scientific Inc., as well as recording data from third party equipment. You are allowed to use the Aurora Scientific Inc. Software at a university or any other educational institution, subject to paragraph 4.4 below and in accordance with this Agreement and any applicable Additional Terms. You are allowed to use the Aurora Scientific Inc. Software at work in accordance with this Agreement and any applicable Additional Terms.

2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Aurora Scientific Inc. Software or any part thereof.

2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Aurora Scientific Inc. Software or any part thereof except to the extent permitted by law.

2.4 Exclusive Ownership: Any and all IP Rights in the Aurora Scientific Inc. Software, the Aurora Scientific Inc. Website, the Aurora Scientific Inc. Online Material and the Aurora Scientific Inc. Promotional Materials are and shall remain the exclusive property of Aurora Scientific Inc. and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with Aurora Scientific Inc.’s IP Rights. Any unauthorized use of Aurora Scientific Inc.’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the Aurora Scientific Inc. Software, but may be accessed through use of the Aurora Scientific Inc. Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

2.5 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Aurora Scientific Inc.’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

3. What You should and should not expect from Aurora Scientific Inc.

3.1 Utilization of Your Computer: Aurora Scientific Inc. Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between You and the Aurora Scientific Inc. instruments. Aurora Scientific Inc. will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however Aurora Scientific Inc. cannot give any warranties in this respect.

3.2 New Versions of the Aurora Scientific Inc. Software: Aurora Scientific Inc., in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Aurora Scientific Inc. Software. Aurora Scientific Inc. has no obligation to make available to You any subsequent versions of the Aurora Scientific Inc. Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Aurora Scientific Inc. Software.

3.3 Suspension: Aurora Scientific Inc. may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Aurora Scientific Inc. Software, and/or disable any Aurora Scientific Inc. Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Aurora Scientific Inc.’s discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

4. What we expect from You

4.1 Lawful purposes: You will use the Aurora Scientific Inc. Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Aurora Scientific Inc. Software or the communication.

4.2 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the Aurora Scientific Inc. Software and/or the Aurora Scientific Inc. Services.

4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD AURORA SCIENTIFIC INC. AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE AURORA SCIENTIFIC INC. SOFTWARE.

4.4 Utilization of Your Computer: If Your use of the Aurora Scientific Inc. Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your license to use the Aurora Scientific Inc. Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the Aurora Scientific Inc. Software, You have obtained such consent.

4.5 Export Restrictions: Aurora Scientific Inc. Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Aurora Scientific Inc. Software as well as end-user, end-use and destination restrictions issued by national governments.

5. Term, Termination, Updates

5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Aurora Scientific Inc. or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant Aurora Scientific Inc. Service (as applicable), and will remain effective until terminated by either Aurora Scientific Inc. or You as set out below and/or in the applicable terms.

5.2 Termination: You may terminate the Terms with immediate effect at any time. Without limiting other remedies, Aurora Scientific Inc. may limit, suspend, or terminate this license and Your use of Aurora Scientific Inc. Software and Aurora Scientific Inc. Services, prohibit access to the Aurora Scientific Inc. Website, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the Aurora Scientific Inc. Software and the Aurora Scientific Inc. Services shall immediately terminate; (b) You will immediately cease any and all use of the Aurora Scientific Inc. Software and Aurora Scientific Inc. Services; and (c) You will immediately remove the Aurora Scientific Inc. Software from all hard drives, networks and other storage media and destroy all copies of the Aurora Scientific Inc. Software in Your possession or under Your control.

5.4 New Versions: Aurora Scientific Inc. reserves the right to change this Agreement at any time.

6. Disclaimer of Warranties and Limitation of Liability

6.1 No Warranties: THE AURORA SCIENTIFIC INC. SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; AURORA SCIENTIFIC INC. DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE AURORA SCIENTIFIC INC. SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. AURORA SCIENTIFIC INC. FURTHER DOES NOT REPRESENT OR WARRANT THAT THE AURORA SCIENTIFIC INC. SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AURORA SCIENTIFIC INC. WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

6.2 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Aurora Scientific Inc. Software remains with You, to the maximum extent permitted by law.

6.3 No Liability: YOU ACKNOWLEDGE AND AGREE THAT AURORA SCIENTIFIC INC., ITS AFFILIATES, ITS LICENSORS AND THE AURORA SCIENTIFIC INC. STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE AURORA SCIENTIFIC INC. SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE AURORA SCIENTIFIC INC. SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH AURORA SCIENTIFIC INC. SOFTWARE.

6.4 Limitation of Liability: IN NO EVENT SHALL AURORA SCIENTIFIC INC., ITS AFFILIATES, ITS LICENSORS OR THE AURORA SCIENTIFIC INC. STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:

6.4.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE AURORA SCIENTIFIC INC. SOFTWARE; AND

6.4.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE AURORA SCIENTIFIC INC. SOFTWARE;

6.4.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;

(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE AURORA SCIENTIFIC INC. SOFTWARE;

(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY AURORA SCIENTIFIC INC. FOR ANY REASON; AND

(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE AURORA SCIENTIFIC INC. SOFTWARE TO YOU.

6.5 THE LIMITATIONS ON AURORA SCIENTIFIC INC.’S LIABILITY TO YOU IN PARAGRAPH 6.4 ABOVE SHALL APPLY WHETHER OR NOT AURORA SCIENTIFIC INC., ITS AFFILIATES OR THE AURORA SCIENTIFIC INC. STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.6 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF AURORA SCIENTIFIC INC. FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AURORA SCIENTIFIC INC., THE AURORA SCIENTIFIC INC. STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.7 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.

7. Additional Terms

7.1 In addition to this Agreement, You have to comply with the following Additional Terms when receiving the Aurora Scientific Inc. Software and the Aurora Scientific Inc. Services. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:

Distribution of Aurora Scientific Inc. Software. You are not allowed to distribute the Aurora Scientific Inc. Software or any part thereof in a CD-ROM, DVD or other similar physical media. Any distribution of the Aurora Scientific Inc. Software is subject to paragraph 7.2 below.

7.2 Any other exceptions: If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain Aurora Scientific Inc.’s prior written consent and explicitly agree upon any further terms.

8. Miscellaneous

8.1 Entire Agreement: The terms and conditions of the Terms constitute the entire agreement between You and Aurora Scientific Inc. with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Aurora Scientific Inc. arising out of fraud or fraudulent misrepresentation.

8.2 Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.

8.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If Aurora Scientific Inc. waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

8.4 Assignment: You are not allowed to assign the Terms or any rights hereunder. Aurora Scientific Inc. is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.

8.5 Applicable Law and Competent Court: The Terms shall be governed by and interpreted in accordance with the laws of Canada and shall be subject to the jurisdiction of the courts of the district of Canada.

8.6 Language: The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

8.7 Survival: The terms of paragraphs 2.5, 5 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE AURORA SCIENTIFIC INC. SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AURORA SCIENTIFIC INC. THE RIGHTS SET FORTH HEREIN.

Aurora Scientific China Distributor Guidelines

This document is intended for our Distributors and our Customers who purchase through distributors but have concerns about the price the distributor is charging.

Our intention as a manufacturer is always to be open and transparent with customers.

If any customer requests pricing then we will show them our Standard International Selling Prices in US dollars (USD). When viewing these prices customers should be aware that the distributor they are dealing with may have to cover many other costs before delivering the goods to the end-user in China and it is reasonable for a distributor to make a profit on providing such services.

The services/costs the distributor may have to add to the Standard International Selling Prices in USD may include:

Shipping
Import document processing charges
Import VAT
Import Duty (another type of tax)
Finance for credit terms unless end-user pays 100% in advance of delivery
Currency conversion to RMB
Reasonable profit for the distributor for all the above services and for providing support to the customer

If the customer is still unhappy with the distributor we will provide a direct quotation to the customer in USD including shipping (but excluding ALL other costs). This quotation will be at our Standard International Selling Prices in USD and will be based on 100% pre-payment by TT to our bank in Hong Kong in advance.

The customer may then decide to use another import company and/or dealer for this transaction but there will be no discount on these prices to the customer or to any third-party distributor they request us to use for this transaction.

We appreciate the co-operation of all our distributors, dealers and other intermediaries as well as our customers in maintaining an open, fair and transparent pricing policy.