Please read these Terms and Conditions (the “terms”) carefully before accessing or using this website. Submitting and order or service indicates that you accepted these Terms and Conditions.

General Terms:

• These outlined conditions regarding sale and delivery from C&M LabPro, LLC (the “C&M LabPro”) apply to all contracts of supply between C&M LabPro and our customers.

• The Customer is deemed to agree to these terms and conditions of sale and delivery upon placing an order for products or service.

• Any rights awarded to the Customer arising during the course of business with C&M LabPro are not transferable.

• Any amendment to the conditions of sale and delivery, or any recognition of the Customer’s conflicting purchase conditions must be confirmed in writing by C&M LabPro.

Product or Service Prices:

• C&M LabPro’prices are subject to change without prior notice. Please call or e-mail to confirm current pricing with C&M LabPro. 

• All shipping and handling charges will be reflected on the invoice upon the delivery of product or service. Shipping and handling charges will vary according to the weight of the package and the shipping options. Please contact C&M LabPro directly for current shipping and handling prices.

• C&M LabPro’prices quoted are net prices; sales tax will be included where applicable. All shipments to California destinations are subject to California State sales tax unless C&M LabPro has a resale certificate on file, or product is derived from human tissue.

Order Policies (Orders, Changes, Cancellation, and Rescheduling):

• Submitting your order indicates that you accept the project criteria and Terms. To place an order, please email to order@cmlabpro.com.

• C&M LabPro will process frozen product order upon received.

• Orders which are cancelled or rescheduled within the Lead Time Period required for each collection will incur a 10% Cancellation/Rescheduling Fee.

• Orders may not be cancelled within 24 hours of the scheduled collection time.

• For human disease tissue products including fresh and frozen, C&M LabPro will recruit qualified donor for sample collection per the project requirements upon received your order.

• Customer might change disease project criteria during the course of project implementation period. A notification must be presented to C&M LabPro 30 business days prior to the effect date. Any changes in the project activity, except those necessary to remove an apparent, immediate hazard to the study subject, must be reviewed and approved by the IRB or IEC prior to change if applicable. The changes will take effect only when C&M LabPro accepted.

• C&M LabPro is not responsible for incomplete orders due to the following conditions beyond our control:

• Donors who do not show-up for tissue collection on a scheduled day.

• Donors who fail to complete the collection process due to their inability to tolerate the full tissue collection procedure.

• All direct international orders are subject to the same Terms & Conditions that are outlined in C&M LabPro basic policy except for the following:

• Direct international orders must be pre-paid. Customers can pre-pay via bank wire transfer or credit card.

• International orders are shipped using customer’s courier account only. C&M LabPro is not liable for the package once it leaves our facilities. C&M LabPro recommends customers declare the full value of products to their courier in case of delay or damage. Customer is responsible for filing any claims with their courier.

• All international couriers must include an after-hours contact name and phone number for the end user.

• C&M LabPro is able to reserve vials and custom products to meet specific research needs. Please contact info@cmlabpro.com to receive details regarding policies and fees.

Delivery: 

• All orders are shipped via Federal Express Priority Overnight delivery unless otherwise specified. 

• Estimated delivery times can be specified; however, estimated delivery times are not legally binding.

• All deliveries take place at the Customer’s risk.  The transfer of risk occurs on the handing over of the goods to the carrier or shipper.  The course of delivery method is at the discretion of C&M LabPro with exclusion of any and all liability.

Payment: 

• For established customers, payments must be made within 30 days of delivery (Net 30).

• Invoices not paid within the designated terms are subject to a 10% late fee of the initial balance and a 1.5% per month (18% annum) interest fee.

• Failure to make payment within 120 days will result in credit-hold, and may result in legal and collection proceedings upon expiration of the payment period without further warning.

• C&M LabPro accepts only US currency in the form of company checks, cashier checks, money orders, MasterCard, VISA, AMEX payments. All funds must be withdrawable from a US bank account; foreign bank accounts and foreign currency will not be accepted as appropriate payment. Please make checks payable to C&M LabPro, LLC.

• For all other customers (including International), prepayment via wire fund, credit card (MasterCard, VISA, or American Express), or a check in US dollars is required.

• If C&M LabPro’ conditions of payment are not met, or if “justifiable concerns” exist with regard to the Customer’s ability or willingness to pay, C&M LabPro is entitled to deem any contract with the Customer null and void and demand the return of the delivered goods in the condition in which they were shipped. The cost of this return of delivery will be the responsibility of the Customer. In addition, all outstanding claims the Customer may have with C&M LabPro will become due.

“Justifiable concerns” referred to the above include, but are not restricted to:  initiation of insolvency or bankruptcy proceedings, deterioration of financial circumstances, and default of payment for any other reason.

Use of Goods:  

• All products received from C&M LabPro are intended exclusively for in vitro research use only. These products are not intended for use on human beings, animals, or for any private use. Please note that any use of C&M LabPro products for any purpose other than intended including use for therapeutic or diagnostic purposes will result in legal ramifications.

• C&M LabPro does not accept any liability for the improper use of our products. We deliver our products only to research and teaching institutions, commercial enterprises, and public researchers. Any signs of improper use of C&M LabPro products by a customer will result in refusal of delivery and termination of any contract associated with this customer.

• C&M LabPro opposes any research in violation of any ethical, legal, or governmental standards within the United States and the import countries of our customers. We do not accept any liability for such research or use by our customers.

• C&M LabPro products are not permitted for resale without prior written authorization from C&M LabPro. C&M LabPro products may not be used to manufacture derivative products for commercial purposes without the prior written authorization of C&M LabPro.

Liability: 

• C&M LabPro represents and warrants that it has (1) obtained ownership rights with respect to products and that such products were provided to C&M LabPro with every donor’s informed consent and in compliance

with all applicable laws and regulations, (2) obtained all necessary and appropriate releases from the donor wherein there are no restrictions on use of products that would prohibit customers from using them in any commercial pharmaceutical research conducted in vitro, (3) complied with all applicable United States and foreign statutes and their respective rules and regulations in connection with handling, export, import, and use of the products.

• C&M LabPro represents and warrants that it has no obligation to any third party that would interfere with C&M LabPro providing products to customers. In addition, any products that C&M LabPro provides to customers are not the proprietary property of any third party.

• The Customer agrees that C&M LabPro liability, if any, for damages (including liability, arising from physical or mental harm, caused by any product liability, arising out of contract, negligence, strict liability or tort) shall not exceed the cost of the product, which the Customer purchased from C&M LabPro.

• The Customer agrees to indemnify and to hold harmless, C&M LabPro and all other parties involved, including their owners, officers, affiliates, associates, and employees for any and all damages incurred as a result of the products used. These parties shall not be liable under any circumstances.

• By ordering any products from C&M LabPro, the Customer acknowledges the above terms, conditions, and disclaimers, included but not limited to the above disclaimers and any additional warnings and cautions. The Customer agrees to carefully abide by these terms, conditions, and disclaimers.

• All disease and normal samples received from C&M LabPro are obtained from volunteers participating in an Institutional Review Board (IRB) or Human Subject Committee approved donor programs. Donors sign an Informed Consent Form (ICF) and are aware of the fact that these samples are used for research purposes only. Informed Consent Form (ICF) is available only upon request. Qualified donors are 18 years or older.

• A Case Report Form (CRF) will be provided for each disease and normal sample. The report may include but no limited to donor information such like age, gender, race, weight, height, classification of the disease and stage and, medical treatment. The CRF is medical information of the donor and not all tests are performed at the day of the sample collect. Please note that all tests are not always concurrent or reflective of each other. Amount of data given may vary from sample to sample.

• All disease and normal fresh sample and frozen products do not include viral tests (HBsAg, HCV Antibody and HIV 1&2 Antibody) results, and it is not a standard release criterion prior to delivery.

Warranty:

• All animal cell products received from C&M LabPro are met United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) requirements for International Export with the animal cell product Health Certificate.

• C&M LabPro warrants that our products will meet the claimed product specifications, such as viability, number of viable cells, and purity. C&M LabPro does not warrant any biological properties associated with our products.

• C&M LabPro will replace any products that do not meet the specifications claimed on our certificate of analysis free of charge. In no event shall C&M LabPro’ liability exceed the purchase price paid by the Customer.

• C&M LabPro shall not be liable for any damages or injuries to persons or property arising from the use of its products. C&M LabPro is not liable for a product that has been misused or has been rendered unusable due to improper storage or handling.

• C&M LabPro products are “For In Vitro Research Use Only” and are neither approved for human nor veterinary use in vivo, diagnostic, nor clinical applications.

• This limited warranty has a one-year period starting from the time of shipment, provided that products have been stored under C&M LabPro’ recommended storage conditions.

• C&M LabPro products are not permitted for re-sale without written authorization from C&M LabPro.

DISCLAIMER: This Website may contain typographical errors or inaccuracies and may not be complete or current. C&M LabPro.com therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Please contact us: info@cmlabpro.com, 925-285-8876