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ADVANCED MATERIALS TECHNOLOGY, INC.
Terms and Conditions for the Online Sale OF PRODUCTS

1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

By placing an order for Products from this website and/or if you are an authorized AMT distributor, you accept and are bound by these terms and conditions except to the extent they are different from any specific written agreement between you and AMT relating to the Purchase of AMT’s Products.  To the extent any written specific agreement between AMT and you is contradictory to these Terms, the specific written agreement shall apply.  In no event, shall any terms and conditions contained in your purchase order to us add to, or in any way alter, the terms of sale relating to AMT’s Products.

You may not order or obtain Products from this website if you:

(a) do not agree to these terms;

(b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Advanced Materials Technology, Inc. (AMT);

(c) grow, produce, process, distribute or sell marijuana products, edibles, or derivatives;

(d) intend to use the Products for the purposes of facilitating any criminal enterprise under state or federal law; or

(e) are prohibited from accessing or using this website or any of this website’s contents by applicable law.

These terms and conditions (these “Terms”) apply to the purchase and sale of Products through Advanced Materials Technology, Inc.’s (AMT’s) website (the “Site”). These Terms are subject to change by AMT (referred to as “us”, “we”, “our” or “AMT” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any Product that may be available through this Site. Your continued use of this Site or any purchase from the Site after a posted change in these Terms will constitute your acceptance of, and agreement to, such changes. For purposes of clarity, “You” refers to you individually and in your capacity as authorized or apparent agent for an organization purchasing AMT’s Products for its use through the Site.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Products or services through this Site (see Section 9).

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. However, formal Acceptance of your order and the formation of the contract of sale between AMT and you will not take place unless and until the Products you ordered are provided to a carrier for delivery. You have the option to cancel your order at any time before we have scheduled your Product for delivery with a common carrier. You may cancel your order by contacting AMT at sales@advanced-materials-tech.com.
3. Prices and Payment Terms.
   • All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in a confirmation email from us and we reserve the right to cancel any orders arising from such errors.
   • Terms of payment are within our sole discretion and unless otherwise agreed by us in writing payment must be received by us before our acceptance of an order. We accept payment through HEARTLAND PAYMENT SYSTEMS (“HEARTLAND”) which accepts VISA, MASTERCARD, DISCOVER and AMERICAN EXPRESS for all purchases. You represent and warrant that (i) the credit card information you supply in your ordering process is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
   • We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
   • Title and risk of loss pass to you upon our transfer of the Products to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. To return Products that you incorrectly ordered, you must first email us at support@advanced-materials-tech.com, and we will provide instructions on how to process the return. Except for any Products designated on the Site as non-returnable, we will only accept a return of the Products for a refund of your purchase price minus the re-stocking fee if : (1) you contact us at the email provided within 10 days after your receipt of the Product; and (2) you return the Product in its original unused condition within Thirty (30) days after our original shipment to you.You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 20% restocking fee.AMT agrees to take all steps necessary to begin processing any refund through your credit card company or Heartland within approximately three business days of our receipt of the returned Product(s). Final processing of any refund will be the responsibility of your credit card company and/or HEARTLAND. Any refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
6. Warranty
   1. Limited Warranty. AMT warrants only that the Products at the time of delivery shall conform to the specifications of such Products as provided through AMT’s published Product specifications at the time of the delivery of the Product. AMT provides no other warranty of any kind.This limited warranty is only applicable to the original purchaser of the Products and is not transferable or assignable. The warranty period is Ninety (90) days and starts when AMT’s Product is delivered to the carrier for delivery to you (Warranty Period). The Warranty Period is not extended if AMT repairs or replaces a warranted Product. AMT may at any time change the availability of this limited warranty at our discretion, but any changes will not be retroactive.You agree and understand that the Products you are purchasing from AMT are for use by properly trained and skilled personnel, and all warranties of any kind are waived if you alter, misuse, or are negligent in the use of the Product(s).  Further, you agree and understand that the Products are consumable in nature, meaning that over time they degrade with use and will have to be replaced.  The care and use sheets for each column are contained in the box or are available on the AMT Website and you agree to abide by, and follow the instructions contained therein, and to safely utilize the Products.  Nothing contained in the care and use sheets shall alter the Terms of this Warranty.

      To make a warranty claim you must email our Customer Service Department at support@advanced-materials-tech.com before the expiration of the Warranty Period.  AMT will process any valid warranty claim consistent with these Terms.

   2. All Other Warranties Excluded.AMT expressly disclaims the implied warranties of merchantability and fitness for a particular purpose with respect to the Products. AMT does not warrant that the use or sale of the Products will not infringe the claims of any patent. AMT also disclaims all other implied warranties express or implied of any kind. 
   3. Warranty Remedy.You agree and understand that your SOLE AND EXCLUSIVE REMEDY for non-conforming Products shall be either: (i) replacement of such Products without charge, or (ii) a refund of the purchase price, at AMT’s exclusive discretion. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND CONSTITUTE AMT’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.
   4. Warranty Dispute.The informal dispute resolution procedure which includes Warranty related disputes is detailed in the Dispute Resolution Section provided herein.  The procedure is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
      

7. Goods Not for Resale or Export or Diagnostic Use. You agree to comply with all applicable laws and regulations of the various states and of the United States including any and all Export Regulations, as defined below. You represent and warrant that you are buying the AMT Products from the Site for your, your company’s, or your company’s directly related affiliates for use within the United States of America and/or its Territories. You warrant and understand that the Products are not for resale or export. Further, you understand the Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations  (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).  Efforts to export AMT’s Products and/or resell the Products will constitute a breach of these Terms.You agree and understand that the Products provided by AMT are intended for research use only and may not be appropriate for diagnostic purposes. Because AMT’s Products are not specifically designed for diagnostic use, no claim or representation is made or intended for their diagnostic use. It is the user’s responsibility to validate performance of AMT’s Products for any particular use because the performance characteristics are not established. AMT assumes no responsibility if these Products are misused or used in a diagnostic setting.

8. Intellectual Property Use and Ownership. You acknowledge and agree that AMT will remain the sole and exclusive owner of all intellectual property rights inherent in the Products made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and trade dress subject only to your right to use the AMT Products purchased on the Site in the ordinary course.  You do not have, and will not acquire, any ownership of AMT intellectual property rights by virtue of any sale of AMT Products from this Site beyond the right to use the Products in the ordinary course of your business.
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://halocolumns.b3staging.com/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of Products or services through the Site.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware to apply to these Terms and the sale of our Products.
12. Dispute Resolution and Binding Arbitration.
    • You and AMT are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of Products or services through the Site, will be resolved exclusively and finally by binding arbitration.
    • The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are currently available at org.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR AMT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
    • Notwithstanding the above, in the event that a products liability claim or tort based claim is brought directly against AMT by a third-party in State or Federal Court, to the extent applicable, AMT shall have the right, but not the obligation to bring a third-party claim against you in the State or Federal Court for indemnity or as necessary to apportion fault to you related to such third party claim.If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without AMT’s prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of AMT.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. There are no third party beneficiaries to these Terms.
16. Indemnity. You agree to indemnify, defend and hold AMT, and AMT’s corporate affiliates, agents, employees shareholders, and representatives harmless from and against any and all claims damages, losses, costs, expenses (including attorneys’ fees and litigation costs) resulting from your: (a) breach of this agreement including any sale or transfer of the AMT Products to any third party; (b) your breach of the representations contained in this Agreement; and/or (c) the negligence or misuse of the Product(s) by you or anyone using the AMT Products you purchase.
17. Limitation of Liability. You hereby WAIVE ANY RIGHT TO CONSEQUENTIAL, INCIDENTAL, and/or SPECIAL DAMAGES of any kind relating to the sale, delivery, and your use of any Products sold by AMT to you even if AMT has been advised of the possibility of such damages including, without limitation, all liability for loss of use, cost of capital, loss of work in process, down time, loss of revenue or profits, failure to realize savings, and/or any liability to any third party of any kind. You agree that your SOLE AND EXCLUSIVE REMEDY for non-conforming Products shall be either replacement of such Products without charge, or refund of the purchase price, at AMT’s discretion.
18. Notices.
    • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Advanced Materials Technology, Inc. at 3521 Silverside Road, Quillen Building, Suite 1-K , Wilmington, Delaware 19810 ATTN: Chief Operating Officer. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective five business days after they are sent.
19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
20. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms unless we have a specific written agreement with you beyond these Terms as described above.