All Genosphere Biotechnologies products and services are sold FOR IN VITRO RESEARCH AND LABORATORY USE ONLY, AND ARE NOT INTENDED FOR MEDICAL OR DIAGNOSTICS APPLICATIONS OR HOUSE-HOLD USE. It is the sole responsibility of the buyer to ensure that only qualified personnel trained in laboratory procedures should handle the products and services.

Warranty 

Genosphere Biotechnologies warrants that the material will meet the specifications stated on the technical data sheet at the time of delivery. It is the sole responsibility of the buyer to determine for himself or herself the suitability of any material and/or procedure for a specific or intended purpose or use and to adopt such safety precautions as may be necessary. Genosphere Biotechnologies shall not be liable for the failure of the material to perform in any particular application for which it used. 
Genosphere Biotechnologies agrees to replace the product free of charge if the product does not conform to the specifications. All claims must be received in writing within 30 days from delivery. Prior authorization by Genosphere Biotechnologies is required for any items to be returned. If Buyer fails to notify Genosphere Biotechnologies within 14 days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereby and to have been irrevocably accepted by the Buyer. 
Consequently, the buyer agrees to and accepts the following conditions:

• That the herein warranty is exlusive of all other warranties, expressed or implied;
• That all warranties of mercantability or of fitness for a particular purpose or application are hereby excluded and waived;
• That the buyer’s sole remedy shall be to obtain replacement of the product free of charge from Genosphere Biotechnologies; and
• That this remedy is exclusive of all other remedies or claims for damages, consequential or otherwise, which the buyer may have against Genosphere Biotechnologies.

Delivery and delays 

All sales are FCA Genosphere Biotechnologies’ shipping point unless otherwise noted. Delivery of the goods to the carrier at Genosphere Biotechnologies’ shipping point shall constitute delivery to Buyer and Buyer shall bear all risk of loss or damage in transit. Genosphere Biotechnologies shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform due to any cause beyond Genosphere Biotechnologies reasonable control, including, without limitation, unsuccessful reactions or delay in transportation.

Order cancellation 

Buyer may cancel or amend an order for custom product or service by providing written notice to Genosphere Biotechnologies prior to the start of custom product or service production. Cancellation of an Order during custom product or service production shall result in a charge of seventy-five percent (75%) of the cost of the original Order. Upon completion of a custom product or service production, cancellation will not be allowed.

Applicable law 

The laws and judicial courts of Genosphere Biotechnologies’ principal office shall govern all disputes with the buyer as to the terms and conditions of sales.