Protea Biosciences, Inc. – Products for the New Biology

Products are Warranted to be free of defects in materials and workmanship, and to perform to the published product specifications. Protea makes only those warranties with respect to its Products that are specifically identified as “warranties” and set forth in the Company’s current Catalog, Operating Manual or in a specific written warrantee provided with the covered product. Any product not covered by a written warrantee is sold “as is”. Any description of a Product recited in a Quotation from Protea is for the sole purpose of product identification; any such description is not part of any contract between Protea and the buyer, nor does it constitute a warranty that the Product shall conform to that description. Products shall be used for laboratory Research Use only. If any unit of such Product should prove to be defective by reason of improper workmanship or material, and if Buyer shall have so notified Seller, specifying in such notice the alleged defects and/or failures, during such period, then Seller shall replace such Products at no cost to Buyer. Replacement is the exclusive remedy for Buyer under this Agreement. Not withstanding anything to the contrary herein, it is understood that Seller shall have no liability or obligation to Buyer with respect to any Products which have been subjected to abuse, misuse, improper use, negligence, accident, modification, alteration, tampering, or if such Products’ original identification markings have been defaced, altered or removed.

No other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are made, and all such other warranties are expressly excluded.  The seller shall not be liable for any loss or damage, direct, indirect, special, consequential or incidental, arising out of the use of, or inability to use, the products, including, but not limited in scope to, loss of actual or anticipated profits, damages to buyer’s business reputation, and cost incurred in replacing materials.

In no event shall Protea be liable, whether in Contract, Tort, Warrantee, or under any statute or on any other basis for special, incidental, indirect, punitive, multiple or consequential damages sustained by buyer or any other person or entity arising out of Protea’s performance or failure to perform its obligations relating to the purchase of products or performance of services, whether or not foreseeable and whether or not Prrotea is advised of the possibility of such damages, including without limitation damages arising from or related to loss of use, loss of data, downtime, or for loss of revenue, profits, goodwill, or business or other financial loss.

All Protea Products should be used in strict accordance with applicable instruction, warnings and all other information in the user manual and other Product documentation