The Protein Analysis Services provided by Alphalyse are subject to the following terms and conditions, and customer agrees to be bound thereby by submitting samples and materials to Alphalyse. Any different or additional terms communicated by customer in any form are hereby rejected, unless agreed specifically in contract form with Alphalyse.
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 standard protein analysis services can be found at www.alphalyse.com.
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.
Ownership of Results
The customer shall own any and all analysis results, inventions, discoveries developed under the services directly relating to the samples and material provided by customer.
All rights to the protein analysis methods and title to any inventions or improvements relating to the analysis methods used to perform the protein analysis service shall belong to Alphalyse.
All information given from customer to Alphalyse or created by Alphalyse by performing the service on the provided samples and materials shall be the property of customer and treated as confidential information by Alphalyse. Confidential information cannot be disclosed by Alphalyse to third party without written permission from 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.
Alphalyse assumes no responsibility and shall have no liability for any use of the results provided as part of the standard protein analysis service and 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 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.
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 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.