Immunoassay Performance Guarantee

* Thermo Fisher Scientific makes the following guarantee on each immunoassay kit delivered to the customer:

Each immunoassay kit is manufactured with high quality to enable customers to obtain reproducible results.

Each immunoassay kit is designed to meet the applicable specification as stated on the product data sheets, including but not limited to species reactivity, application suitability, and detection of target of interest as identified by the stated UniProt ID.

If a qualifying immunoassay kit does not meet the above guarantee, Thermo Fisher Scientific, at its option, will either replace it at no cost or credit your account with the purchase price of such immunoassay kit. REPLACEMENT OR CREDIT OF THE PURCHASE PRICE AS SET FORTH ABOVE IS THERMO FISHER SCIENTIFIC’S SOLE OBLIGATION AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO FAILURE OF THE IMMUNOASSAY KIT TO MEET THE IMMUNOASSAY PERFORMANCE GUARANTEE. The Life Technologies Terms and Conditions of Sale also apply to this Performance Guarantee.  In the event of any conflict between the Terms and Conditions of Sale and the Performance Guarantee Terms and Conditions, the Terms and Conditions of Sale will control.  Customers must contact Thermo Fisher Scientific Technical Support to submit any guarantee claim. Thermo Fisher Scientific’s experienced support team will help customers to identify the issue and replace the immunoassay kit or credit the customer’s account after you return the product to us in accordance with the instructions received from Technical Support. Customer’s data may be requested by Thermo Fisher Scientific to evaluate the immunoassay kits' performance.

Guarantee claims should be made within 12 months of delivery of the immunoassay kit or by the specified expiry date noted on the immunoassay kit product packaging or associated product documentation, whichever is shorter. Any such claims not made by the customer within the applicable warranty period will be forfeited. The Immunoassay Performance Guarantee is limited to the buyer of the product from Thermo Fisher Scientific and is not transferable.

Except for the foregoing Immunoassay Performance Guarantee, Thermo Fisher Scientific does not make any other guarantee, warranty, or representation with respect to the above antibody notwithstanding anything to the contrary in any product documentation. The Immunoassay Performance Guarantee is Thermo Fisher Scientific’s sole and exclusive guarantee with respect to such immunoassay kits and is in lieu of all other guarantees, warranties, or representations. Thermo Fisher Scientific DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, RESPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Immunoassay Performance Guarantee does not cover, and Thermo Fisher Scientific has no obligation to replace or provide credit if an immunoassay kit does not meet the Immunoassay Performance Guarantee because of the customer’s failure to store or use the product in accordance with the recommended protocol for the related immunoassay kit product; failure to use the product in accordance with good laboratory practices by technically qualified persons; other misuse or neglect, including but not limited to improper storage, maintenance, shipping, or handling, improper or abnormal use, including operation outside of the environmental or use specifications specified by Thermo Fisher Scientific; accidents of any kind or nature; adulteration; unauthorized change or modification; and use with chemicals, reagents or any other product not supplied or authorized in writing by Thermo Fisher Scientific for use with the product.

The customer is responsible for any validation of immunoassay kits and compliance with any regulatory requirements that pertain to their procedures and uses of the immunoassay kits. Improper or unapproved or noncompliant uses of the immunoassay kit render any Thermo Fisher Scientific obligations under this Immunoassay Performance Guarantee null and void.

To the fullest extent allowed by law, in no event shall Thermo Fisher Scientific be liable, whether in contract, tort, strict liability, negligence, warranty, or under any statute or any other basis for any special, incidental, indirect, exemplary, punitive, multiple or consequential damages sustained by the customer or any other person or entity arising out of or caused by the immunoassay kit or other products, Thermo Fisher Scientific’s performance or failure to perform its obligations relating to the purchase, possession, or use of the immunoassay kit or performance of services, whether foreseeable and whether or not Thermo Fisher Scientific is advised of the possibility of such damages, including without limitation damages arising from or related to loss or use, loss of data, downtime, procurement of substitute goods or services, or for loss of revenue, profits, goodwill, or business or other financial loss. In addition, Thermo Fisher Scientific’s maximum aggregate liability arising out of or in connection with the Immunoassay Performance Guarantee is limited to the amount a customer paid for the immunoassay kit that gives rise to such a guarantee claim. Some countries or jurisdictions limit the scope of or preclude limitations or exclusion of warranties, of liability, such as liability for gross negligence or willful misconduct, or of remedies or damages, as or to the extent set forth above. In such countries and jurisdictions, the limitation or exclusion of warranties, liability, remedies or damages set forth above shall apply to the fullest extent permitted by law, and shall not apply to the extent prohibited by law. Without limiting the foregoing statement, nothing in this document is intended to or will exclude or limit Thermo Fisher Scientific’s liability for death or personal injury caused by its negligence or fraud, or any other liability to the extent that the same may not be excluded or limited by applicable law.

Thermo Fisher Scientific reserves the right to add or remove products covered by the Immunoassay Performance Guarantee, to modify the terms or terminate the Immunoassay Performance Guarantee without prior notice to customers.