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I/We (the person placing the order, the registered user and the end user) acknowledge that the product(s) distributed by Samhar Cosmetics for Cosmetic/Research use only, hereby acknowledge(s) that I/we have reviewed the following and certifies to Samhar, Inc., DBA Samhar Cosmetics as follows:
- Samhar Cosmetics products are only to be used by properly licensed medical professionals for cosmetic use, and/or laboratory research (for research use only), and/or by properly licensed medical professionals for clinical trials, and diagnostic and/or therapeutic uses that are approved by the United States Food and Drug Administration via an Investigational New Drug (IND) application or other Institutional Review Board (IRB) approved protocols and in compliance with all other federal, state and local laws. Products shall be used and stored strictly in accordance with all shipping information, Certificate of Analysis and Release, Product Insert, storage instructions and any label or document(s) shipped with or otherwise associated with any of the products. Our ULSC Conditioned Medium (UCM) may be supplied to manufacturers of cosmetic topical products that have signed a separate Supply Agreement and have agreed to its terms. Manufacturers become responsible for downstream production, which may include any of the following: further processing, formulating with other components, additional testing, and/or labeling of final product. The intended use of UCM is as a raw material or as a final product for topical cosmetic use only and in compliance with current Good Manufacturing
Practices (GMP) for Cosmetics.
- The undersigned shall not make products or any portion of them, in any way, shape or form, including as a component of another products available for the purpose of further resale or alter or remove the product label and the manufacturer’s mark of origin without the express written permission of Samhar Cosmetics and the manufacturer. I/We agree not to contact/solicit the manufacturer of the product(s) without the written authorization from Samhar Cosmetics.Our UCM may be supplied to manufacturers of cosmetic topical products that have signed a separate Supply Agreement and have agreed to its terms. Manufacturers become responsible for downstream production, which may include any of the following: further processing, formulating with other components, additional testing, and/or labeling of final product. The intended use of UCM is as a raw material or as a final product for topical cosmetic use only and in compliance with current Good Manufacturing Practices (GMP) for Cosmetics. Any products and services tax, sales tax, use tax, manufacturers tax, occupation tax, excise tax, value added tax, duty, customs, inspection or testing fee, or any other tax, fee or charge of any nature imposed by any government authority or measured by the transaction between Samhar Cosmetics and the user (the person placing the order, the registered user and the end user that Samhar Cosmetics research products are shipped to) who will actually use the research products, will be paid by the user (the person placing the order, the registered user and the end user that Samhar Cosmetics research products are shipped to) in addition to the research fee paid. If Samhar Cosmetics is required to pay any such tax, fee, or charge, then the user (the person placing the order, the registered user and the end user that Samhar Cosmetics products are shipped to) will reimburse Samhar Cosmetics immediately upon receiving a request in writing from Samhar Cosmetics. Samhar Cosmetics reserves the right to assess a maximum of 1.5% monthly penalty on any or all outstanding research fees and/or invoices if any not excluding any such tax, fee or charge as described above.
- The undersigned acknowledges that some of the Samhar Cosmetics manufacturer’s products may be hazardous or could otherwise present a safety risk as may be outlined in any Certificate of Analysis and Release, Product Insert or any other label or document shipped with or otherwise associated with any of the products. The undersigned agrees to use, store and otherwise handle the products with such care and taking such safety precautions as is necessary or appropriate in each case. In no event shall Samhar Cosmetics and the manufacturer be liable for any personal injury or any other damages arising from or as a result of use, handling, misuse or mishandling of the products.
- Samhar Cosmetics and the manufacturer have not verified the possible existence of third-party Intellectual Property Rights which might be infringed as a consequence of product manufacture, use, sale, offering to sale or import, and Samhar Cosmetics and the manufacturer shall not be held liable for any loss or damages in that respect. The sale shall not, by implication or otherwise, convey any license under any intellectual property right and the undersigned expressly assumes all risks of any intellectual property infringement. Nothing contained in this Agreement will be construed as an assignment to the undersigned of any Intellectual Property Rights in or to the products. All Intellectual Property Rights in or to the products are and will remain the sole and exclusive property of the manufacturer and are reserved by the manufacturer.
- The undersigned shall, at his/her own expense, indemnify, defend and hold Samhar Cosmetics and the manufacturer, its directors, officers, employees, agents, successors and assigns (“Samhar Cosmetics and the manufacturer lndemnitees”), harmless from and against any and all losses, costs, damages and expenses (including, reasonable attorneys’ fees and other costs of defending any action) (collectively, “Losses”) that we may incur in any way arising out of or relating to (a) any breach by you of your obligations under this Certification, (b) any use of the products not in compliance with the uses stated in this Agreement and/or in the Certificate of Analysis and Release, Product Inserts, (c) any failure of you to comply with good laboratory practice, laws, regulations, guidelines or decisions in the handling or use of the products, (d) any violation or infringement of any patent, trade secret, copyright, trademark, industrial design, licenses, or other intellectual or proprietary rights (“Intellectual Property Rights”) of a third party by you in the handling or use of the products, including marketing, or (e) any other use or misuse of the products by you including without limitation any claim of product liability or any similar claim relating to the quality of the products or an alleged defect or deficiency in the products.
- Samhar Cosmetics and the manufacturer are NOT liable for the undersigned’s medical decisions concerning use of the manufacturer’s products. The liability for the intended or actual use of the manufacturer’s products is assumed in full by the undersigned who will actually use the product. Samhar Cosmetics and the manufacturer does not intend to define, suggest, alter or approve of any kind of “practice of medicine” performed by the undersigned to use products supplied by Samhar Cosmetics other than for research use and/or cosmetic purposes only, but instead, relies on the undersigned to determine safe practices for use of its products. All Samhar Cosmetics and the manufacturer products are for cosmetic/research use only and/or not intended for human use without a valid FDA approved Investigational New Drug (IND) application or other Institutional Review Board (IRB) approved protocols or similar in said country of use in place at time of its use. The medical responsibility and the use of these products lies solely on the scientist/physician/nurse practitioner testing/administering the manufacturer’s products or similar products sold by Samhar Cosmetics on behalf of the manufacturer.
I/We agree that his/her use of all Samhar Cosmetics products are subject to the above certifications and terms and conditions.