Terms & Conditions

that apply to analysis samples sent to Alphalyse

PICK ‘n POST services and Contract Analysis services at Alphalyse are subject to the following terms and conditions, and customer agrees to be bound thereby by submitting samples to Alphalyse. Any different or additional terms communicated by customer in any form are hereby rejected, unless agreed specifically in contract form with Alphalyse.

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 the PICK ‘n POST services can be found at www.alphalyse.com.
The prices for Contract Analysis services are according to quotations.
Payment terms are 30 days from date of invoice.
Payment of PICK ‘n POST services by open account (invoicing after analysis is completed) will be added an administration fee of 75 EUR/USD.
Shipment charges will be invoiced to customers using courier shipment by the Alphalyse account.

Liability

Alphalyse assumes no responsibility and shall have no liability for any use of the results provided as part of the PICK ‘n POST service and Contract 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 mass spectrometric analysis and identification 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 damages shall not exceed the purchase price paid by the customer for the service. Any claim against Alphalyse will be barred unless made by customer in writing within six months after delivery of the service.

Indemnification

The customer shall assume the sole responsibility for any and all damage or injury (including death) to any and all persons (including, but not limited to employees of Alphalyse and customer) and to all property associated with the performance of its obligations or use of the service or any act or omission of customer 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. Customer hereby represents that it is authorized by its insurers to grant such release and waiver.

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 Denmark, excluding the UN conventions of the international sale of goods (CISG) and without giving effect to its conflict of law provisions. The competent court shall be The Maritime and Commercial Court (Sø- og Handelsretten) in Copenhagen, Denmark, if the nature of the case allows the case to be settled at this court. In other cases the local court in Odense, Denmark shall be the agreed venue.