Absolute Q Digital PCR Assay Guarantee
Terms and Conditions

Updated September 2021

This Thermo Fisher Scientific Absolute Q™ Digital PCR Assay Guarantee (“Guarantee”) covers pre-designed Absolute Q™ Digital PCR Assays (“Assay(s)”). Custom assay products are expressly excluded from this Guarantee.

Thermo Fisher Scientific (“Thermo Fisher”) makes the following guarantee to the customer on each Assay delivered to the customer:

Quality – Each Assay is manufactured with high quality to enable customer to obtain reproducible results from lot-to-lot.
Performance – Each Assay is designed with a robust algorithm enabling superior sensitivity, specificity, and accuracy. Assay’s performance specifications are set based on purified, high quality samples. Assay’s performance may vary depending on the type and quality of sample.
Results – Each Assay will enable you to obtain data you can trust. Each Assay will meet the specifications as stated on the conformance documentation available with each production lot and will detect the target of interest.

If any Assay does not meet the above Guarantee, Thermo Fisher at its option will either replace it at no cost or credit your account with the purchase price of such Assay. Customer may use such credit to purchase other assay products from Thermo Fisher. REPLACEMENT OR CREDIT OF THE PURCHASE PRICE AS SET FORTH ABOVE IS THERMO FISHER’S SOLE OBLIGATION AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO FAILURE OF THE ASSAYS TO MEET THE GUARANTEE. The Life Technologies Terms and Conditions of Sale also apply to this Guarantee.  In the event of any conflict between the Terms and Conditions of Sale and the 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' customer support team will help the customer to identify the issue and replace the Assay or credit customer’s account. Customer’s data may be requested by Thermo Fisher to evaluate an Assay’s performance.

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

Except for the foregoing Guarantee, Thermo Fisher does not make any other guarantee, warranty, or representation with respect to the Absolute Q Assay notwithstanding anything to the contrary in any product documentation. The Absolute Q Assay Guarantee is Thermo Fisher’s sole and exclusive guarantee with respect to such Assay. Thermo Fisher DISCLAIMES ALL OTHER WARRANTIES, GUARANTEES, RESPRESENTIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Guarantee does not cover, and Thermo Fisher has no obligation replace or provide credit if an Assay does not meet the Guarantee because of the customer’s failure to store or use the product in accordance with recommended protocol for the related Assay 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; 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 for use with the product, provided that Thermo Fisher may at its sole discretion honor its Guarantee for Assay run by customer on a non-Thermo Fisher instrument.

Customer is responsible for any validation of the Assay and compliance with any regulatory requirements that pertain to their procedures and uses of the Assay. Improper or unapproved or noncompliant uses of the Assay render any Thermo Fisher obligations under this Guarantee null and void.

To the fullest extent allowed by law, in no event shall Thermo Fisher 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 customer or any other person or entity arising out of or caused by the Assay or other products, Thermo Fisher performance or failure to perform its obligations relating to the purchase, possession, or use of the Assay or performance of services, whether foreseeable and whether or not Thermo Fisher 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 maximum aggregate liability arising out of or in connection with the failure of Thermo Fisher to meet the terms of this Guarantee is limited to the amount customer paid for the Assay that gives rise to such 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' 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 reserves the right to add or remove products covered by the Guarantee, to modify the terms, or terminate the Guarantee without prior notice to customers.