Terms and Conditions

Shipment

Alphalyse assumes no responsibility and shall have no liability for any damage or loss of samples and material during transportation.

Price and Payment

The prices for custom protein analysis projects are according to quotations.
The payment terms are Net 30 from date of invoicing after the service is completed. There will be a 1.5% interest charge per month on late invoices.

Rights to the Results

Any analysis results and the data contained therein directly relating to the samples or material provided by the customer shall be the property of the customer upon payment for Alphalyses services. The analysis results shall be regarded as confidential and shall not be disclosed to third parties.

Alphalyse reserves the right to collect and analyze data for the purpose of improving its services and developing its business. The customer shall not have any rights to data or information which Alphalyse, either independently or through third parties, has developed, derived, or otherwise created through the use of data in accordance with these terms.

The rights and limitations set forth in this section are perpetual and shall not be terminated.

Confidentiality

All information given from the customer to Alphalyse or created by Alphalyse by performing the service on the provided samples and materials shall be treated as confidential information by Alphalyse. Confidential information cannot be disclosed by Alphalyse to third parties without written permission from the customer. Confidential information shall not include information if it (i) is, at the time of the disclosure available to the public or otherwise legally in the public domain; (ii) legally and properly comes into the public domain through no breach or fault by Alphalyse; (iii) can be shown to have been in Alphalyse possession at the time of disclosure; (iv) is acquired by Alphalyse from a third party; or (v) is required to be disclosed by legal authorities.

Liability

Alphalyse assumes no responsibility and shall have no liability for any use of the results provided as part of the custom protein analysis service (“the service”). The service and the results of the analysis are provided “as is” without warranty of any kind, either express or implied. Alphalyse shall not be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues, or lost profits, caused by the use of any results or information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information that is incomplete or incorrect, will therefore be rejected.

The protein analysis services provided by Alphalyse are based on protein chemistry reactions, experimental and mass spectrometry analysis, and statistical bioinformatics analysis of proteins. The analysis and identification process makes use of peptide mass fingerprint and/or peptide fragmentation data and these data are searched against public databases, which are constantly changed and amended and may therefore contain data with errors. Moreover, the analysis process makes use of such software programs which are based on statistically significance and the end results may therefore prove to be wrong or inaccurate, and there is a risk that false positive analysis results and identifications are made. Alphalyse shall assume no responsibility or liability of any kind as a result of any mistakes, false identifications, false data, etc., which occur during this process. Alphalyse’s liability for direct damage shall not exceed the purchase price paid by the customer for the service. Any claim against Alphalyse will be barred unless made by the customer in writing within six months after delivery of the service.

Indemnification

The customer warrants either that it is not aware of any particular risks or issues relating to the handling of the samples and material or it will make Alphalyse aware of the same prior to the transfer to Alphalyse of the Material. Alphalyse acknowledges and shall inform its researchers that not all of the characteristics of the Materials may be known. Alphalyse shall use, and shall cause the researchers to use, the Materials with prudence and appropriate caution in any experimental work. The customer shall assume the sole responsibility for any and all damage or injury to any and all persons including employees of Alphalyse associated with the use of the service and analysis results and shall defend, indemnify and save harmless Alphalyse from and against any and all claims, liabilities, expenses (including attorney’s fees), fines, penalties, damages and/or economic losses for whatsoever nature associated therewith except for such claims, liabilities, etc. caused by the sole negligence of Alphalyse. Customer hereby releases and waives all rights of subrogation against Alphalyse possessed by customer’s insurers.

Choice of law and venue

All disputes or controversy arising out of or in connection with the transaction to which these terms and conditions pertain shall be governed by the laws of the country where the defendant has his domicile when legal action is taken, excluding the UN conventions of the international sale of goods (CISG) and without giving effect to its conflict of law provisions. The venue for any such disputes or controversy shall exclusively be the local courts with jurisdiction at the defendant’s domicile when legal action is taken.