TaqMan Assays qPCR Guarantee

Only the following assays are covered by the Applied Biosystems TaqMan Assay qPCR guarantee: TaqMan predesigned genomic assay products (gene expression assays, primer limited gene expression assays, microRNA assays, non-coding RNA assays, pri-miRNA assays, SNP genotyping assays, DME genotyping assays, copy number assays, mutation detection assays, and protein assays) when used on qPCR instruments. Without limiting the foregoing, custom assay products, and OpenArray Instrument-based assay products are expressly excluded from the TaqMan Assay qPCR Guarantee. The TaqMan Assay qPCR guarantee is extended to include TaqMan predesigned genomic assay products for use in digital PCR only on the Applied Biosystems QuantStudio Absolute Q Digital PCR System and Applied Biosystems QuantStudio Absolute Q AutoRun dPCR Suite with the Absolute Q Universal DNA digital PCR Master Mix (5X).

Thermo Fisher Scientific makes the following guarantee to the customer on each TaqMan assay delivered to the customer:

• Quality—Each Assay is manufactured with high quality to enable customer to obtain reproducible results from lot-to-lot.
• Performance—Each Assay is designed with a robust algorithm enabling superior analytical sensitivity, specificity, and accuracy. Assay’s performance are based on purified, high quality samples. Assay’s performance may vary depending on the type and quality of sample.
• Content—Each Assay is part of the largest collection of qPCR primer and probe sets.
• Results—Each Assay will enable you to obtain data you can trust.

If any TaqMan assay does not meet the above guarantee, Thermo Fisher Scientific at its option will either replace it at no cost or credit your account with the purchase price of such assay. For TaqMan assays purchased in a multi-assay arrayed format (for example, TaqMan array cards or plates), Thermo Fisher Scientific reserves the right to replace or provide credit for each assay individually and is not obliged to replace or provide credit for the entire card or plate. Customer may use such credit to purchase other assay 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 ASSAYS TO MEET THE TAQMAN ASSAY qPCR GUARANTEE. Customers must contact Thermo Fisher Scientific Technical Support to submit any guarantee claim. Thermo Fisher Scientific's experienced support team will help customers to identify the issue and replace the assay or credit customer’s account as needed. Customer's data may be requested by Thermo Fisher Scientific to evaluate the assay’s performance.

Guarantee claims should be made within 12 months of delivery or by the specified expiry date noted on packaging or associated product documentation, whichever is shorter. Any such claims not made by the customer within the applicable warranty period will be forfeited. TaqMan Assay qPCR guarantee is limited to the buyer of the product from Thermo Fisher Scientific and is not transferable.

Except for the foregoing TaqMan Assay qPCR Guarantee, Thermo Fisher Scientific does not make any other guarantee, warranty, or representation with respect to the above assay notwithstanding anything to the contrary in any product documentation. The TaqMan Assay qPCR Guarantee is Thermo Fisher Scientific’s sole and exclusive guarantee with respect to such assay and is in lieu of all other guarantees, warranties, or representations. Thermo Fisher Scientific DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The TaqMan Assay qPCR Guarantee does not cover, and Thermo Fisher Scientific has no obligation replace or provide credit if an assay does not meet the TaqMan assay qPCR Guarantee because of the customer’s failure to store or use the product in accordance with recommended protocol for the related assay product; 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 TaqMan Assay qPCR Guarantee for an assay run by a customer on a non-Thermo Fisher Scientific instrument.

The customer is responsible for any verification of the assay and compliance with any regulatory requirements that pertain to their procedures and uses of the assay for Research Use Only. Improper or unapproved or noncompliant uses of the assay render any Thermo Fisher Scientific obligations under this TaqMan Assay qPCR Guarantee null and void.

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 assay or other products, Thermo Fisher Scientific performance or failure to perform its obligations relating to the purchase, possession, or use of the assay 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 TaqMan Assay qPCR Guarantee is limited to the amount customer paid for the assay that gives rise to such guarantee 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 TaqMan Assay qPCR Guarantee, to modify the terms or terminate the TaqMan Assay qPCR Guarantee without prior notice to customers.