TERMS OF USE, WARRANTY & LIABILITY WAIVER
Flash Genetics LLC offers assembly service of products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Flash Genetics LLC’s products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 30 days from the date of receipt to return the item in original condition.
Terms of use
Flash Genetics LLC’s assembled products are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.
Limited Replacement Warranty
Products assembled by Flash Genetics LLC are warranted against any defect for a period of 90 days from the date of receipt.
Exclusive Obligation
Products assembled by Flash Genetics LLC are designed only for scientific research in a laboratory setting. These products may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use.
High-Risk Activity
Products assembled by Flash Genetics LLC include prototype laboratory research equipment (‘prototype equipment’). Use of such prototype equipment is associated with high levels of risk due to the absence of safety features, safety testing, and their use in novel applications. Risks include but are not limited to serious physical injury, disability and/or death, and property damage due to electrical or fire hazards.
Assumption of Risk
By buying, using, or allowing the use of products assembled by Flash Genetics LLC, you understand and agree that use of these products is a High-Risk Activity (as described above), that you have inspected these product’s electrical, mechanical, and material designs, and have assessed them to be safe for your use case and laboratory setting, and to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Flash Genetics LLC including but not limited to equipment malfunction from whatever cause, or any other fault of Flash Genetics LLC. Additionally, you agree to indemnify, defend, and hold Flash Genetics LLC harmless from any third party claims arising from such High-Risk Activities.
Acknowledgment of Dangers of Intense Light and UV Exposure
Flash Genetics LLC's assembled products may include components that produce intense light, including ultraviolet (UV) light, which can pose potential dangers to users and others nearby. By purchasing, using, or allowing the use of products assembled by Flash Genetics LLC, you acknowledge and understand the risks associated with exposure to intense light and UV radiation, and agree to take all necessary precautions to protect yourself and others from such risks.
Safety Precautions:
As a user of Flash Genetics LLC's products, you agree to follow all recommended safety precautions related to the dangers of intense light and UV exposure. This may include, but is not limited to:
Clearly labeling the device with appropriate warnings regarding the dangers of intense light and UV radiation.
Informing others who may be nearby of the potential dangers associated with the use of the device and instructing them on appropriate safety precautions.
Wearing appropriate UV protective equipment, especially for the eyes, such as UV-blocking goggles or glasses, when operating the device or when in close proximity to it.
Failure to follow these safety precautions may result in personal injury or property damage. You agree to assume full responsibility for any such injury or damage resulting from the use or misuse of the product, and to indemnify, defend, and hold Flash Genetics LLC harmless from any third-party claims arising from your failure to follow these safety precautions.
Lead (Pb) containing components
Flash Genetics LLC uses lead containing solder for assembly of circuit board components.
WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
Limitation Of Liability
Flash Genetics LLC’s liability is limited to repair or replacement of its assembled products which are returned to it as set forth under the limited warranty provisions. In no event shall Flash Genetics LLC’s liability exceed the value of the assembled product(s) sold. In no event shall Flash Genetics LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
Inspect Before Each Use
Products assembled by Flash Genetics LLC must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Flash Genetics LLC for a replacement.
Applicable Law
Your order from Flash Genetics LLC and this disclaimer statement are governed by the laws of the Jefferson County, Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of the Courts in Jefferson County, Colorado, USA, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions
Flash Genetics LLC reserves the right to change the terms, conditions, and notices under which its assembled products are offered.