Terms and Conditions for Sales of Products
1. Pricing & Payment
Pricing is as stated on the CellMosaic, Inc. (“CellMosaic”) website. CellMosaic reserves the right to adjust pricing at any time based on product complexity and the cost of materials. Customers should refer to the CellMosaic website for the most current pricing.
Discounted pricing may be available for multiple orders of certain products or for large-scale synthesis. Please contact CellMosaic regarding the availability of these discounts.
Unless otherwise agreed to by CellMosaic in writing, all fees are due and payable within 30 days of the Customer’s receipt of CellMosaic’s invoice. Payments not made when due will be subject to late charges calculated on a prorated daily basis at the lesser of:
- Two percent (2%) per month of the overdue amount; or
- The maximum amount permitted under applicable law.
The Customer shall reimburse CellMosaic for all fees and expenses, including reasonable attorneys’ fees, incurred in collecting amounts owed by the Customer.
2. Shipping & International Orders
CellMosaic can ship products to virtually any address worldwide, as permitted by applicable U.S. policies and laws. Certain products may be subject to shipping restrictions and may not be available for shipment to some international destinations.
When the Customer places an order, CellMosaic will estimate shipping and delivery dates based on product availability and the shipping option selected by the Customer. Depending on the shipping provider, estimated shipping dates may appear on the shipping quotation.
Additional charges for special packaging and handling will be added to the invoice for hazardous products and materials.
All shipments are insured for the carrier’s default coverage amount of $100, unless the Customer requests additional insurance.
International orders will generally be shipped via FedEx or DHL. Shipping charges will be added to the invoice, and a $25 documentation and handling fee will apply to each international order.
The Customer is responsible for all import taxes, customs duties, brokerage fees, and other charges imposed by the destination country, customs authority, or carrier.
To facilitate customs clearance and delivery, international Customers should provide CellMosaic with the following information before shipment, as applicable:
- Tax identification number;
- Value Added Tax (VAT) number;
- EORI number for European Union shipments, if applicable; and
- FedEx or DHL shipping account number, if available.
3. Returns & Refunds
The Customer may return most new, unopened products within 30 days of delivery for a refund, except for products requiring storage at −20 °C or below.
A 10% restocking fee will apply to all product returns. The Customer is responsible for all shipping costs associated with returning products.
If a return is required as a result of CellMosaic’s error, such as the shipment of an incorrect or defective product, CellMosaic will pay the return shipping costs and, at its option, replace the product or refund the purchase price.
Refunds will generally be issued within four (4) weeks after CellMosaic receives the returned product. Additional bank processing time or U.S. holidays may affect the refund timeline.
To request a return or replacement, please email orders@cellmosaic.com and include the order number and the reason for the return or replacement. The Customer will be notified by email after CellMosaic has received and processed the returned product.
4. Replacement Policy for Kit Products
This policy applies to CellMosaic Personalized Conjugation Kits (PerKit™) and other kit products containing multiple items that are individually packaged and supplied with one or more checklists.
Upon receipt, the Customer should carefully inspect all kit components. If one or more components are missing, incorrect, or physically damaged during transportation, CellMosaic will replace only the affected components.
5. Warranty
CellMosaic warrants to the Customer that each product will conform to its applicable specifications at the time of shipment.
If a product does not conform to its applicable specifications, CellMosaic will, at its option, either replace the product or refund the purchase price paid by the Customer for the nonconforming product, provided that the Customer returns the allegedly nonconforming product within 30 days of receipt.
EXCEPT AS EXPRESSLY STATED HEREIN, CELLMOSAIC MAKES NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
6. Intellectual Property
CellMosaic products, including AqT™, NeIon™, oxLink™, and sxLink™, are protected by issued patents and pending patent applications in the United States and other jurisdictions. A current list of applicable patents is available upon request.
7. Restricted Use
The Customer acknowledges and agrees that CellMosaic products are made available solely for the Customer’s internal research and development purposes. The Customer agrees not to use the products for commercial purposes unless CellMosaic has provided prior written authorization.
Prohibited commercial uses include, without limitation:
- The sale, lease, license, or other transfer of a product or any material derived or produced from it;
- The sale, lease, license, or other grant of rights to use a product or any material derived or produced from it; and
- The use of a product to perform services for a fee for third parties, including contract research, analytical services, and drug screening.
8. Research Use Only (RUO)
CellMosaic products are developed and designed for Research Use Only (RUO) and may not be used for any other purpose. All products should be handled only by qualified and appropriately trained personnel.
The Customer agrees to indemnify and hold harmless CellMosaic and its officers, directors, employees, and agents from and against any losses, damages, liabilities, costs, and expenses arising from:
- The Customer’s use of any CellMosaic product; or
- The Customer’s failure to comply with applicable law or these Terms and Conditions.
9. Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CELLMOSAIC BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH A PRODUCT, EVEN IF CELLMOSAIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
IN NO EVENT SHALL CELLMOSAIC’S AGGREGATE AND CUMULATIVE LIABILITY TO THE CUSTOMER EXCEED THE AMOUNT PAID OR PAYABLE TO CELLMOSAIC FOR THE PRODUCT THAT GAVE RISE TO THE LIABILITY.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.