Conditions
Products are sold for research or laboratory use only and not intended to be administered to humans or used for medical diagnostics.
Payment and Delivery
All sales are net 30 days of invoice. Products are shipped F.O.B. origin, freight is prepaid and added to the invoice. Prices are subject to change without notice. All orders are subject to final acceptance by Open Biosystems at the prices in effect at the time of shipment. Open Biosystems may, in its sole discretion, refuse to ship orders to a location specified by Customer. Open Biosystems will select method of delivery; title passes to the customer upon Open Biosystems delivery of products to the transportation company.
With regards to custom services, Open Biosystems will perform all services following the a) supplied quotation or b) customer information brochure using generally prevailing industry standards. Cancellation of services before the services are completed will not obligate Open Biosystems to provide a refund or bill for an amount less than quoted. Partial charges or charges in full may be billed depending upon the progress of the service from the starting date.
Materials and Data
With regards to custom services, customers will supply Open Biosystems with data and/or materials such as protein or peptide sequences or recombinant proteins for completion of services. All of the submitted data and reagents shall be exclusively owned by the customer. The customer will also own all materials produced in conjunction with the performance of the services upon customer receipt and payment of invoice. The customer may at anytime request to be sent back all documents and/or remaining materials at the customer's expense, otherwise, the materials and information will be stored at Open Biosystems and/or a subcontractor's facility until notified.
Damaged Shipments
If a shipment is damaged, accept the shipment and retain all shipping materials for inspection. Make a note on the waybill of any visible damage at the time of receipt and report the damage to our Customer Service Department (1-888-412-2225). As title passes to the customer upon delivery of products to the transportation company, you are responsible for damage claims with the shipping company.
Claims for Shortage
We carefully check and recheck packages before shipment to help eliminate the possibility of errors. If any shipping discrepancies are discovered, claims must be made within 10 days of receipt of shipment. Please check all packing material thoroughly upon receipt of shipment.
If the product is found to be incorrect, the customer must submit requests for replacements within 1 year of receipt of item(s).
Returns
Products may not be returned without prior authorization by the Open Biosystems Technical Service Department. Due to the perishable nature of our products, contact the Open Biosystems Service Department at 1-888-412-2225 as soon as possible.
Hazardous Substances
The absence of a specific warning should not be interpreted to mean that the products have been proven to be non-toxic or safe to be handled without standard safety precautions. The absence of a warning must not be interpreted as an indication of safety.
Warranty and Liability
Open Biosystems provides the highest quality of resources at reasonable prices. As the clones are living cultures that have been developed by research laboratories worldwide, Open Biosystems warrants the clone products are delivered as viable cultures that accurately represent the culture as is present in the physical locations indicated in the public databases. Open Biosystems does not warrant the accuracy of the data represented in GenBank, EMBL, Ensemble or any other public databases. Open Biosystems will replace any clone free of charge that is found to be in error due to handling and processing by Open Biosystems. We reserve the right to change, alter, or modify any product to enhance its performance and design.
With regards to custom services, Open Biosystems' only warranty is with respect to the Services and Open Biosystems does not guarantee the final performance of its products because of the nature of the manufacturing process. The customer shall notify Open Biosystems in writing within 30 days of receipt of the product of any warranty claim. If product is found to be defective or useless because of negligence, Open Biosystems will repeat the services immediately.
THE GUARANTEE STATED ABOVE IS IN LIEU OF ANY OTHER WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE. OPEN BIOSYSTEMS MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCE SHALL OPEN BIOSYSTEMS BE LIABLE FOR ANY DIRECT INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE PRODUCT, EVEN IF OPEN BIOSYSTEMS KNEW OF THE POSSIBILITY OF SUCH LOSS, DAMAGE, OR EXPENSE. All terms and conditions are subject to change without prior notice. If you have questions about product specifications or performance, call our Technical Service Department at 1-888-412-2225.
This warranty applies only to products in the original container that have been handled and stored in accordance with Open Biosystems' recommendations, and does not apply to products that have been the subject of alteration, misuse, or abuse.
