Terms and Conditions
Carolina Molecular Inc – Terms and Conditions for Molecular Testing Services
Effective Date: May 6, 2025
- Services Provided
Carolina Molecular Inc (“Carolina Molecular”) offers molecular testing services including, but not limited to, sample preparation, nucleic acid extraction, sequencing, bioinformatics, and data reporting. Services are provided according to project-specific agreements confirmed between Carolina Molecular and the client (“Client”). - Client Responsibilities
Clients are responsible for:- Providing samples that meet Carolina Molecular’s submission guidelines.
- Ensuring all necessary rights, permissions, and consents are obtained for the submitted samples.
- Confirming that submitted samples are non-hazardous, lawful, and free from third-party restrictions.
Carolina Molecular reserves the right to reject samples that do not comply with submission guidelines or safety standards.
- Project Timelines
Turnaround times provided by Carolina Molecular are estimates only. Actual completion times may vary based on sample quality, project complexity, unforeseen events, or other operational factors. Carolina Molecular is not liable for delays in service delivery. - Data Delivery and Storage
Clients must download and verify data promptly, as Carolina Molecular does not guarantee storage of data beyond thirty (30) days after project completion unless otherwise agreed in writing. - Intellectual Property Rights
- Client Property: The Client retains ownership of the physical samples submitted and the specific project data generated (e.g., sequencing reads, analysis reports).
- Carolina Molecular Property: Carolina Molecular retains all rights to methods, protocols, analytical tools, and any general improvements or derivative methods developed during service provision.
- Project deliverables are provided for research use only and cannot be used for clinical or regulatory purposes unless otherwise noted on the quotation.
- Confidentiality
Carolina Molecular agrees to maintain the confidentiality of Client-provided information and project data for a minimum period of five (5) years following project completion.Exceptions include information that:
- Becomes public through no fault of Carolina Molecular.
- Is lawfully obtained from another source.
- Is required to be disclosed by law or court order.
- Warranties and Disclaimers
- Carolina Molecular provides services on an “as is” basis without warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Carolina Molecular does not warrant that the data or results provided will meet any regulatory, diagnostic, or clinical requirements unless expressly agreed in writing.
- Limitation of Liability
To the maximum extent permitted by law:- Carolina Molecular’s total liability arising out of or related to the services is limited to the total amount paid by the Client for the specific project giving rise to the claim.
- Carolina Molecular shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption.
- Payment Terms
- Invoices are payable within thirty (30) days of the invoice date unless otherwise agreed.
- Overdue payments may accrue interest at a rate of 1.5% per month (or the maximum permitted by law, if lower).
- Carolina Molecular reserves the right to suspend or terminate services for overdue accounts.
- Sample and Data Handling, Storage, and Disposal
- Carolina Molecular will store physical samples for up to thirty (30) days following project completion unless otherwise arranged.
- Carolina Molecular will store project data for up to two (2) years following project completion of testing unless otherwise arranged, after which the data may be removed in accordance with internal data retention practices.
- After the storage period, samples may be disposed of at Carolina Molecular’s discretion unless the Client has made prior arrangements for return or extended storage (additional fees may apply).
- Research-Only Use
All services and deliverables provided by Carolina Molecular are intended for research use only and are not suitable for clinical, diagnostic, therapeutic, or regulatory purposes unless otherwise noted on the quotation. - Governing Law and Dispute Resolution
- These Terms and Conditions are governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules.
- Any dispute arising under these Terms and Conditions will be resolved exclusively through binding arbitration in Wilmington DE, in accordance with the Delaware Rapid Arbitration Act, 10 Del. C. § 5801, et seq. The arbitration shall be administered by AAA and conducted before one arbitrator pursuant to their respective rules and procedures. The award rendered by the arbitrator shall be final and binding, and judgment may be entered on the award in any court having jurisdiction.
- Force Majeure
Carolina Molecular shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, supply chain disruptions, or governmental actions. - Changes to Terms
Carolina Molecular reserves the right to modify these Terms and Conditions at any time. Changes will become effective upon posting on Carolina Molecular’s website or upon written notification to the Client. - Entire Agreement
These Terms and Conditions, together with any project-specific agreements or quotations, constitute the complete and exclusive agreement between Carolina Molecular and the Client regarding the services provided and supersede all prior or contemporaneous communications and proposals.Contact Information:
Carolina Molecular Inc
133 Southcenter Ct, Morrisville, NC 27560
919-421-7778
info@carolinamolecular.com
carolinamolecular.com