SureCast “100% Leak Free” claim is based on internal testing, including, but not limited to 240 gel pours and over 200 stress tests. The SureCast Handcast System and its components are designed and manufactured to be leak free. Leak free is defined as having less than 1.0 mm drop in liquid polyacrylamide gel casting solution before polymerization when all hardware parts and components are in good material condition (all components free from damage or excessive wear) and used according to manufacturer’s specifications.
Only the following components are covered by the SureCast “100% Leak Free” Statement: SureCast Handcast Station, SureCast™ Glass Plates, SureCast™ Gel Spacers and SureCast™ Sealing Pads. SureCast™ reagents are expressly excluded from the SureCast “100% Leak Free” Statement.
If a SureCast Handcast System component does not meet the above qualifications, Thermo Fisher Scientific, at its option, will either replace it at no cost or credit your account with the purchase price of the component or system. Thermo Fisher Scientific reserves the right to replace or provide credit for each component individually and is not obliged to replace or provide credit for the entire system. Customer may use such credit to purchase other protein gel electrophoresis products from Thermo Fisher Scientific. REPLACEMENT OR CREDIT OF THE PURCHASE PRICE AS SET FORTH ABOVE IS THERMO FISHER SCIENTIFIC’S SOLE OBLIGATION AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO FAILURE OF THE SYSTEM TO MEET THE “100% LEAK FREE” STATEMENT. Customer must contact Thermo Fisher Scientific Technical Support to submit any claims. Thermo Fisher Scientific’s experienced support team will help customer to identify the issue and replace the component or credit customer’s account as needed.
Any and all claims should be made within 12 months of delivery. Any claims not made by the customer within the applicable period will be forfeited. SureCast component coverage is limited to the original buyer of the product from Thermo Fisher Scientific and is not transferable.
Except for the foregoing SureCast “100% Leak Free” Statement, Thermo Fisher Scientific does not make any other guarantee, warranty, or representation with respect to the above system notwithstanding anything to the contrary in any product documentation. The SureCast “100% Leak Free” Statement is Thermo Fisher Scientific’s sole and exclusive guarantee with respect to such system and is in lieu of all other guarantees, warranties, or representations. Thermo Fisher Scientific DISCLAIMES ALL OTHER WARRANTIES, GUARANTEES, RESPRESENTIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AND WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT, OR REGARDING RESULTS OBTAINED THROUGH THE USE OF ANY PRODUCT OR SERVICE, WHETHER ARISING FROM A STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF PERFORMANCE, DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
The SureCast “100% Leak Free” Statement does not cover, and Thermo Fisher Scientific has no obligation replace or provide credit if a component does not meet the SureCast “100% Leak Free” Statement because of the customer’s failure to store, maintain or use the product in accordance with recommended protocol for the related system and components; failure to use the product in accordance with good laboratory practices by technically qualified persons; other misuse or neglect, including but not limited to improper storage, maintenance, shipping, or handling, improper or abnormal use, including operation outside of the environmental or use specifications specified by Thermo Fisher Scientific; accidents of any kind or nature; adulteration; unauthorized change or modification; and use with chemicals, reagents or any other product not supplied or authorized in writing by Thermo Fisher Scientific for use with the product, provided that Thermo Fisher Scientific may at its sole discretion honor its SureCast “100% Leak Free” Statement used by customer with non-Thermo Fisher Scientific products.
To the fullest extent allowed by law, in no event shall Thermo Fisher Scientific be liable, whether in contract, tort, strict liability, negligence, warranty, or under any statute or any other basis for any special, incidental, indirect, exemplary, punitive, multiple or consequential damages sustained by customer or any other person or entity arising out of or caused by the system or other products, Thermo Fisher Scientific performance or failure to perform its obligations relating to the purchase, possession, or use of the system or performance of services, whether foreseeable and whether or not Thermo Fisher Scientific is advised of the possibility of such damages, including without limitation damages arising from or related to loss or use, loss of data, downtime, procurement of substitute goods or services, or for loss of revenue, profits, goodwill, or business or other financial loss. In addition, Thermo Fisher Scientific maximum aggregate liability arising out of or in connection with the failure of Thermo Fisher Scientific to the SureCast “100% Leak Free” Statement is limited to the amount customer paid for the system or component that gives rise to such claim. Some countries or jurisdictions limit the scope of or preclude limitations or exclusion of warranties, of liability, such as liability for gross negligence or willful misconduct, or of remedies or damages, as or to the extent set forth above. In such countries and jurisdictions, the limitation or exclusion of warranties, liability, remedies or damages set forth above shall apply to the fullest extent permitted by law, and shall not apply to the extent prohibited by law. Without limiting the foregoing statement, nothing in this document is intended to or will exclude or limit Thermo Fisher Scientific's liability for death or personal injury caused by its negligence or fraud, or any other liability to the extent that the same may not be excluded or limited by applicable law.
Thermo Fisher Scientific reserves the right to add or remove products covered by the SureCast “100% Leak Free” Statement, to modify the terms or terminate the SureCast “100% Leak Free” Statement without prior notice to customers.