Product Use Limitations and Limited Warranty

Unless specified otherwise, all Marker Gene Technologies, Inc. products are sold for research use only and shall not be used for any other use including, but not limited to unauthorized commercial purposes including resale, in vitro diagnostic purposes, ex vivo or in vivo therapeutic purposes, investigational use in foods, drugs, devices or cosmetics of any kind, or for consumption by or use in connection with or administration or application to humans or animals. By purchasing products or services from Marker Gene Technologies, Inc. you acknowledge that the products have not been tested by or for us for safety or efficacy, unless expressly stated in our catalogues or on the label or other documentation accompanying the products. The buyer receives no right to resell any products purchased hereunder without prior written agreement.

Without limiting the foregoing restrictions, you warrant to us that should you use or sell the goods for any use other than research, you shall conduct all necessary tests, comply with all applicable regulatory requirements, issue all appropriate warnings and information to subsequent purchasers and/or users and be responsible for obtaining any required approvals or Intellectual Property rights.

Should any product fail to perform as warranted, Marker Gene Technologies, Inc. will replace it promptly, free of charge, upon authorized return of the original product(s). Our obligation is and your sole remedy is limited to such replacement of the product or full credit of the original purchase price in the event of the product proves to be defective. This warranty does not include applicable shipping costs, insurance costs, taxes or other costs related to shipment of materials to or from Marker Gene Technologies, Inc. for the replacement materials or products.

Not all items will be authorized for return, due to temperature and packing requirements. Items authorized for return must arrive at our facilities in a state satisfactory for resale to be eligible for product credit. A restocking charge of 15% or $25 (whichever is greater) may be charged on returns. Non-catalog, specialty orders and custom synthesis items may only be returned when (i) such items are delivered in a damaged condition; (ii) such items are obviously defective by analytical evidence; or (iii) we have delivered an over-shipment of such goods. Shipping charges will not be credited. Products may not be returned for credit after 20 days (30 days for non-catalog products) following receipt of the products and an invoice has been sent. Products produced pursuant to specifications provided by you may only be returned if such goods do not conform to the specifications outlined by you. Products may not be returned for credit after 20 days after your receipt of the products for any reason. We may require you to sign and deliver a properly completed certificate of decontamination prior to returning any product.

No other warranties are expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Marker Gene Technologies, Inc. shall not be liable for incidental or consequential damages.

Marker Gene Technologies, Inc. products having known toxicity are shipped with a Material Safety Data Sheet, which describes, to our knowledge, the potential dangers in handling. The absence of a toxicity warning does not, however, preclude a possible health hazard. Due care should be exercised with all Marker Gene Technologies, Inc. products to prevent human contact and ingestion.

Prices are subject to change without notice. Please call us for more information regarding any updates or changes to product descriptions or warranties.

Marker Gene Technologies, Inc

University of Oregon Riverfront Research Park

1850 Millrace Drive

Eugene, OR 97403-1927

(541) 342-3760 or (888) 218-4062

Fax: (541) 342-1960