Terms of Service
Rev. November 2024
By placing an order for services from this website, you accept and are bound by these Terms of Service.
These Terms of Service (“Terms”) apply to the purchase and sale of services through www.acgtinc.com (the “Site”) and are subject to change by ACGT without prior written notice at any time, within our sole discretion. The latest version of our Terms of Service will be published on this Site, and you are encouraged to review its contents and conditions prior to making any purchase. Your continued use of this Site after a published change in these Terms will constitute your acceptance of and agreement to such changes.
I. Prices and Payment Terms
All prices posted to your account are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. ACGT is not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any order(s) arising from such errors.
A. Confidentiality
Service pricing is confidential and can only be shared between colleagues of the same principal investigator (PI). Service pricing cannot be shared with other laboratories of the same institution. To request a price schedule of Sanger sequencing and/or select NGS services, you must complete the Request a Quote form, or you may contact us at [email protected] to request a quotation.
A quotation for a Custom Project, including regulatory or clinical grade sequencing services, is initiated through a request submitted to [email protected]. Upon receipt of all required information, a Study Proposal will be generated describing the methods, materials and equipment, along with a timetable, expected costs and deliverables.
B. Additional Charges
In certain instances, ACGT may discover that additional work or alternative protocols are required to complete the service ordered. In these instances, the end user can expect to receive an email notice or a change order detailing the amendment to the service and any applicable surcharge(s). Upon agreement with the terms of the change order, the service will proceed to completion. If the terms are not agreed to, the service will be terminated and billed to the extent of the work that has already been performed.
C. No Guarantee of Results
ACGT will make every effort to provide reliable sequence data, however, results cannot be guaranteed. While ACGT technologists will typically troubleshoot in effort to determine the root cause of any reaction failure, ACGT is not required to do so and cannot refund or credit you for failed reactions.
D. Cancellation
You may cancel an online Sanger sequencing or NGS service order for a full refund at any time prior to shipping your samples. The refund will be credited back to the same payment method used to make the original purchase on the Site. To cancel an order contact customer service at [email protected] or [email protected] or 1.800.557.2248.
With respect to Custom Projects, the Study Proposal will set forth a milestone structure with pricing assigned at each stage or milestone. Any canceled Custom Project will be invoiced through the stage completed plus a 10% fee.
E. No Guarantee of Turnaround Times
ACGT will make every effort to meet the turnaround times provided for our Sanger sequencing services, however it cannot guarantee the timely delivery of data. Turnaround times for NGS service orders are estimates based on expected instrument run schedule and are not guaranteed.
II. Shipping
ACGT is not responsible for damage or risk of loss for your samples or materials submitted for sequencing whether shipment is made by you or provided through the ACGT Drop Box Program. ACGT is not liable for any delays in shipments.
III. Limitation of Liability
Under no circumstances will our liability exceed the actual amount paid by you the end user for the defective service purchased through the Site, nor will ACGT under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, or costs of replacement services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.
IV. Privacy
ACGT respects your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of services through this Site.
V. Force Majeure
ACGT will not be held liable nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, government actions, war, invasion or hostilities, terrorism, riot or civil unrest, national emergency, labor disputes or an inability or delay in obtaining supplies of adequate or suitable materials and consumables.
VI. Dispute Resolution and Arbitration
You and ACGT agree to give up any right to litigate claims in a court or before a jury (or to participate in a class action or representative action with respect to a claim). Other rights that you would have if you petitioned a court of law may also be unavailable or limited by arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and ACGT arising from or relating in any way to your purchase of services through the Site, will be resolved exclusively and finally by arbitration.
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
VII. Choice of Law
These Terms will be governed by and construed under the laws of the State of Illinois without regard to conflicts of laws principles. Venue for any action relating to transactions governed by these Terms or the interpretation or enforcement of any of its provisions shall be in Cook County, Illinois.
VIII. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.