Protein Gels Performance Guarantee

Thermo Fisher Scientific makes the following guarantee on each protein gel box delivered to the customer:

Invitrogen precast protein gels are manufactured with high quality and stringent performance specifications, as stated in the Certificate of Analysis (CoA), to enable customers to obtain reproducible results.

Each protein gel is manufactured to meet the applicable specification as stated in the Certificate of Analysis, including but not limited to band migration, straightness, curvature and appearance.

If the protein gel does not meet the applicable specifications, Thermo Fisher Scientific, at its option, will either replace it at no cost or credit your account with the purchase price of such protein gel box. 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 PROTEIN GEL TO MEET THE PROTEIN GEL 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 protein gel box 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 protein gel performance.

Guarantee claims should be made within 12 months of delivery of the protein gel or by the specified expiry date noted on the protein gel cassette, 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 Protein Gel Performance Guarantee is limited to the buyer of the product from Thermo Fisher Scientific and is not transferable.

Except for the foregoing Protein Gel Performance Guarantee, Thermo Fisher Scientific does not make any other guarantee, warranty, or representation with respect to the above protein gel notwithstanding anything to the contrary in any product documentation. The Protein Gel Performance Guarantee is Thermo Fisher Scientific’s sole and exclusive guarantee with respect to such protein gels 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 Protein Gel Performance Guarantee does not cover, and Thermo Fisher Scientific has no obligation to replace or provide credit if a protein gel does not meet the Protein Gel Performance Guarantee because of the customer’s failure to store or use the product in accordance with the recommended protocol for the related protein gel 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 protein gels and compliance with any regulatory requirements that pertain to their procedures and uses of the protein gel. Improper or unapproved or noncompliant uses of the protein gel render any Thermo Fisher Scientific obligations under this Protein Gel 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 protein gel or other products, Thermo Fisher Scientific’s performance or failure to perform its obligations relating to the purchase, possession, or use of the protein gel 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 Protein Gel Performance Guarantee is limited to the amount a customer paid for the protein gel 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 Protein Gel Performance Guarantee, to modify the terms or terminate the Protein Gel Performance Guarantee without prior notice to customers.