Abcam product promise terms and conditions
Introduction
1. The following Abcam product promise terms and conditions ("Abcam product promise Terms and Conditions”) set out the Abcam product promise (as defined below) and the rules and procedures for making an Abcam product promise claim. The Abcam product promise is made available by Abcam plc is a company registered in England under company number 03509322, with its registered office at Discovery Drive, Cambridge Biomedical Campus, Cambridge, CB2 0AX, UK and with VAT number 720008786 (the "Company"). The Company operates the website: www.abcam.com.
2. In the event of any conflict between these Abcam product promise Terms and Conditions and the Company’s Terms and Conditions of Sale, the Terms and Conditions of Sale shall prevail.
3. When certain words and phrases are used in these Abcam product promise Terms and Conditions they have specific meanings (these are known as defined terms). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the relevant section of the Company’s Terms and Conditions of Sale , unless a term is otherwise defined in these Abcam product promise Terms and Conditions. You can find the meanings of defined terms by looking at the sentence where the defined term is included in brackets and speech marks.
4. The Abcam product promise set out in these Terms is for the benefit of the owner of the Products via one of the distribution options set out in paragraphs 5.1 and 5.2 (the “Beneficiary” or “you”, “your” and similar).
The Abcam product promise
5. Subject always to the Company’s Terms and Conditions of Sale and these Abcam product promise Terms and Conditions, the Company warrants to the Beneficiary that Products that are purchased either:
5.1. directly from the Company; or
5.2. from one of the Company’s authorized distributors;
shall conform to the specifications as described in the datasheet for the applicable Product for the applicable period set forth in the table below (together with the table below, the “Abcam product promise”).
Product | Guarantee Period |
Abcam Biochemicals | Twelve months after delivery in the lyophilized state. Once reconstituted, guaranteed for the duration of recommended storage time indicated on each datasheet. |
Proteins and peptides delivered in liquid format | Six months after delivery. |
Collodial gold nanoparticles | Six months after delivery. |
Cell lines | Twelve months after delivery, if stored continuously at minus 130oC. Once thawed, we guarantee the viability stated on the product’s datasheet upon revival for six months after delivery.
|
Any other Products | Twelve months after delivery, unless the Product or a component thereof is subject to a state change before its use - e.g., reconstitution of lyophilized material, in which case, the maximum guarantee period is six months after the Product’s reconstitution. |
Abcam product promise exclusions
6. You shall not be entitled to make an Abcam product promise claim if:
6.1. any of the restrictions or exclusions set out in the Abcam product promise table above are applicable;
6.2. the Product(s) are used otherwise than in accordance with the datasheet provided with the applicable Product(s), Terms and Conditions of Sale applicable to the purchase of the Product and/or any other instructions provided by the Company (or the Company’s authorised distributors) from time to time. For the avoidance of doubt, the use of any product in accordance with cited publications and/or Abreviews (the Company’s peer review program), but not guaranteed in the applicable Product datasheet, would also exclude you from making a claim under the Abcam product promise;
6.3. the Product(s) are stored otherwise than in accordance with the datasheet provided with the applicable Product(s) and/or any other instructions provided by the Company (or the Company’s authorised distributors) from time to time;
6.4. the Product(s) are stored and/or used in a manner which is contrary to applicable laws and regulations;
6.5. the Products are stored and/or used by individuals who are not professionally qualified and/or sufficiently competent;
6.6. any breach of the Abcam product promise is as a result of issues related to any modifications to the Product or external causes that are beyond the Company’s reasonable control;
6.7. it is in relation to any custom and/or bespoke Products; and
6.8. the use of the Product(s) has been in those species and applications only listed as being “predicted to work” with the Product on a Product datasheet.
Making a claim
7. To make an Abcam product promise claim, you must:
7.1. notify the Company using one of the communication channels set forth at https://www.abcam.com/index.html?pageconfig=contactus, of the alleged deviation from the Product specification provided with the datasheet within the applicable Abcam product promise guarantee period set forth in the table above. The Company shall have no obligation to refund your purchase amount or issue any replacement Product for any claim received after the relevant Abcam product promise guarantee period;
7.2. include details of the relevant experimental protocol in which you used the Product in the correspondence required at paragraph 7.1 above;
7.3. continue to store the Products in accordance with all datasheet instructions (and/or any other instructions provided by the Company (and/or the Company’s authorized redistributors)); and
7.4. not attempt to return the Product to the Company before you receive the Company’s written authorization to do so.
Outcome of an Abcam product promise claim
8. We will investigate every Abcam product promise claim which is made in accordance with paragraph 7 and shall communicate to you the result of our investigation as soon as is reasonably practicable. If we find that the deviation from the specification provided in the datasheet for a particular Product which you have reported is solely related to a defect in the Product, we will offer a replacement or refund (at your choice), which shall (subject to paragraph 9 below) be your sole remedy. However, if, after an investigation, the Company determines, acting reasonably, that the deviation from the specification is related to the experiment protocol you used, subject to paragraph 9 below we shall have no liability (i.e. you will not be entitled to any refund or Product replacement). Nonetheless, we will use reasonable endeavours to advise how to amend your protocol to prevent such issue(s) from arising in the future.
9. Nothing in these Abcam product promise Terms and Conditions shall exclude or restrict liability for personal injury or death caused by negligence or as otherwise prohibited by applicable law.
10. The Abcam product promise (and these Abcam product promise Terms and Conditions) may be modified or terminated in its entirety by the Company at any time (without notice and at the Company’s sole discretion) in accordance with section 11 of the Terms and Conditions of Sale.