Terms and Conditions
General Terms and Conditions of Sales – Lexogen GmbH
Preface
The sale of products or services by Lexogen (hereafter referred to as “Lexogen” or “Seller”) to business partners (hereafter referred to as “Buyer”) shall exclusively be governed by the “General Terms and Conditions of Sales of Lexogen” in the version respectively in effect at the time of the conclusion of each contract. Any contradicting or deviating general terms and conditions of the Buyer shall not become part of the contract unless the Seller has expressly agreed to their applicability in writing.
The current version of the General Terms and Conditions of Sales of Lexogen is available at www.lexogen.com or can be requested free of charge at info@lexogen.com.
1. Offer and conclusion of contract
2. Shipping and handling
Our products will be shipped cooled in Styrofoam boxes. The shipments are carried out uninsured at the risk of the Buyer. Transport insurance will be taken out on the Buyer’s order and at the Buyer’s expense.
3. Delivery
Delivery dates shall be approximate, unless the Seller has recognized such in writing to be binding. We usually deliver within five (5) working days after confirming Buyer’s order. Deviating delivery times will be communicated to the Buyer as fast as feasible. If ordered items – as stated in the respective order confirmation – have not yet arrived or are temporarily unable to be delivered, we will send these items, without queries, in a subsequent delivery. Delivery delays do not entitle the Buyer to resign the contract or to compensation. Shipping and handling costs of shipments and partial shipments will be calculated as described in “Shipping and handling”.
4. Prices and Taxes
Unless otherwise stated, prices are without price-fixing and may be altered by Lexogen at any time without prior notice. Should the prices be increased, then upon receipt of Lexogen’s notification of such price increase the Buyer shall have the right to cancel the order in respect to products which have not been dispatched yet. All prices and quotes are exclusive taxes, duties, levies and similar expenses which are or become due with Lexogen’s quotation, contract or any order resulting therefrom and the carrying out thereof and are for the account of the Buyer, irrespective of which party (including its representatives/employees) will be liable to pay such taxes.
5. Terms of Payment
Buyer accepts Seller’s invoices if no objections are made in writing within thirty (30) days of receipt of the invoice. Buyer shall settle the invoice within thirty (30) days after receipt of the invoice without any deductions, set offs or debt settlements. If Buyer defaults on an invoice, Seller is entitled to charge defaulted interest of five (5) per cent (%) interest per month on the amount due from the invoice’s due date. Such interest is recalculated each consecutive month the defaulted amount is still due. Additionally, during Buyer’s default, Seller is entitled to (a) refuse to accept additional orders; (b) refuse to ship ordered products; and/or (c) to seek collection from Buyer, including all legal fees and other costs of collection. Additionally, during Buyer’s default, Seller may accept additional orders if Buyer pays up front for ordered products and shipping and handling.
6. Delay of Payment
All payments of Buyer will be charged against Buyer’s oldest open invoice. If Buyer is in default or other factors on hand suggest possible default in the future, Seller is entitled to demand immediate payment of purchasing price before delivery or before the invoice due date. Also, Seller is entitled to resign from ongoing contracts without the Buyer being entitled to further rights.
7. Retention of property title
Delivered goods remain Seller’s property until the complete settlement of the corresponding invoice and all other open accounts receivable by the Buyer. Until complete settlement, Buyer is not entitled to mortgage or assign the delivered goods as collateral. Buyer is entitled to use or to sell the delivered goods in the ordinary course of business. Buyer’s accounts receivable resulting from sales of goods under retention of property will be transferred to Seller in the amount of Seller’s accounts receivable. This transfer is hereby accepted by Seller as priority. Buyer is obliged to notify Seller immediately if third parties claim access to goods under retention of property. Buyer is responsible for sufficient insurance coverage and proper storage of goods during the period of retention of property.
8. Limited Warranty and limited liability
a. General
- Obvious defects of goods must be claimed in writing within seven (7) days of receipt.
- Visibly damaged packaging must be claimed with the transport service during receipt of goods. In case of valid claims, Seller is entitled to choose between making amendments or replacement. Further warranty claims are excluded unless amendments are not possible, fail, are rejected by the Buyer or are unreasonable. All further liability, also against third parties, is excluded.
- Buyer may send back goods delivered by Seller only with express permission of Seller.
b. Hardware and software
Buyer acknowledges with ordering that with state-of-the-art technology, errors cannot be ruled out completely in complex hardware or software even if utmost care is taken. Any warranty is expressly excluded that software is useable for Buyer’s intended purpose and works together with existing hardware or software. Warranty is also expressly excluded for damages caused indirectly or directly (e.g. loss of profit, interruption of service, loss of data) and as well as loss of data or damages incurred in connection with restoration of data. Warranty is not excluded if Seller or Seller’s employees are proven to have acted deliberately or with gross negligence.
Errors are only such errors that lower or abrogate the value or capability of the delivered hardware or software for the agreed on or generally assumed use. Minor reduction of usability is not an error. Warranting a certain capability or functionality requires Seller’s express written statement. Publishing new versions of the software does not mean that previous versions of the software were faulty. Buyer is responsible for correctly installing software. Installation as well as training of Buyer or Buyer’s employees are not included in the scope of contract. These services are available on request. Warranty is void if a defect is caused by improper handling, incorrect installation, manipulation of the software or environmental conditions not within the installation requirements. If an error investigation shows that the reason of malfunction was within Buyer’s scope, Seller is entitled to charge Buyer the corresponding expenditures.
c. Wear and tear components
Certain components like lamps, lasers, print heads, etc., are subject to wear and tear even if used correctly and are correspondingly indicated as such in quotes. They are not subject to warranty. This does not include faults of wear and tear parts at delivery time.
9. Protection of data privacy
Buyer agrees that Seller electronically collects and stores data necessary to fulfil orders and other business-related cases. Seller may also use the data for customer relationship management and to improve service quality. Seller will never relay this data to third parties. Buyer can cancel this agreement at any time.
10. Buyer’s use of Lexogen’s products and services
All products and services offered by Lexogen are primarily intended For Research Use Only. Buyer may not use Lexogen’s products or services for any other purposes, including but not limited to, in vitro diagnostic purposes, foods, drugs, medical devices or cosmetics for humans or animals. Buyer acknowledges that Lexogen’s products and services have not been tested by Lexogen for safety and efficacy in foods, drugs, medical devices, cosmetics for human or animals or for any other use, unless stated otherwise in communication by Lexogen. Lexogen’s products and services are primarily intended For Research Use Only, therefore they may not be on the United States “Toxic Substances Control Act” (TSCA) inventory or any similar inventory in any other country. Buyer assumes responsibility to ensure that the products and services received from Lexogen are approved for use under the law of the state or country of its residence, if applicable. Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products and services received from Lexogen. Buyer agrees to comply with instructions, if any, received from Lexogen relating to the use of the products and services and not to misuse the products and services in any manner. No products and services purchased from Lexogen shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics for humans or animals.
11. Diagnostics license
If Buyer wishes to use products or services offered by Lexogen for diagnostics purposes, they should contact sales@lexogen.com to enquire about a separate diagnostics license.
12. Transfer of Lexogen’s products and services
a. Transfer and Purpose
b. Restrictions on Transfer
Buyer shall restrict access to and use of Lexogen’s products and services to the Buyer and/or the Buyer’s Scientist in charge of using Lexogen’s products and services, who is an employee of Buyer and to people engaged in performing the Research in Buyer’s laboratory under the Buyer’s Scientist direct control. Buyer may not store Lexogen’s products and services at any facility outside the control of Buyer. Buyer may not use Lexogen’s products and services in research funded by third-party commercial entities without Seller’s prior written consent.
c. Compliance
13. Intellectual property
a. Seller ownership rights
Seller retains ownership of all products.
The Buyer retains ownership rights of:
- modifications (except that, Seller retains ownership rights to Lexogen’s products included therein),
- those substances created through the use of Lexogen’s products or services, but which are not progeny, unmodified derivatives or modifications (i.e. do not contain Lexogen’s products, progeny or unmodified derivatives) and
- any data, results, know-how and other intellectual property that are generated by or on behalf of Buyer in connection with the use of Lexogen’s products or services. If either subitem of 14.2 results from the collaborative efforts of Seller and Buyer, joint ownership shall be negotiated.
b. Buyer distribution rights
Seller and Buyer agree that:
- The Buyer and/or Buyer’s Scientist shall have the right, without restriction, to distribute substances created by Buyer through the use of Lexogen’s products or services only if those substances are not progeny, unmodified derivatives or any of Lexogen’s products incorporated in modifications.
- Without the prior written consent of Seller, Buyer and/or Buyer’s Scientist shall NOT provide modifications to any third party. It is recognized by the Buyer that provisions may require a commercial license from the Seller and that Seller has no obligation to grant a license to its ownership interest in Lexogen’s products incorporated in the modifications.
c. Seller intellectual property rights reserved
The Buyer acknowledges that Lexogen’s products and services are or may be the subject of a patent application. Except as provided in this Agreement, no express or implied licenses or other rights are provided to the Buyer under any patents, patent applications, trade secrets or other proprietary rights to the provider, including any altered forms of Lexogen’s products and services made by the Seller. In particular, no express or implied licenses or other rights are provided to use Lexogen’s products and services, modifications thereof or any related patents of the Seller for commercial purposes. It is understood by the Buyer that the Seller shall have no obligation to grant such a license to the Buyer, and may grant exclusive or non-exclusive license to others, or sell or assign all or part of the rights to Lexogen’s products or services to any third party/parties, subject to any pre-existing rights held by others and obligations to the Federal Government of Austria.
d. Buyer intellectual property rights
Subject to the restrictions of this Agreement, the Buyer is free to file patent application(s) claiming any patentable inventions that are made by or on behalf of Buyer in connections with modifications (“inventions”).
e. Use of name
Buyer, its employees or its affiliates will not use Seller’s name, logo or trademark in any manuscript, publication, press release, publicity, or advertising without the prior written approval of Buyer, except as required by applicable law.
f. Acknowledgement
Buyer agrees to acknowledge Seller as the source of Lexogen’s products and services in any publication reporting use thereof.
14. Buyer’s representations and indemnity
Buyer represents and warrants that it shall use all Lexogen’s products and services ordered in a lawful manner. Buyer shall defend Lexogen, its employees, agents, affiliates and contractors (the “Lexogen Indemnities”), and shall hold the Lexogen Indemnities harmless from and against all suits, actions, or proceedings, at law or in equity, and from all claims, costs, damages, losses and expenses (including, without limitation, attorney’s fees, consultants’ fees, experts’ fees) of third parties that are related or in connection with:
- Lexogen’s products and services or information thereon, if applicable, being wrongfully disclosed by Buyer hereunder,
- infringement, misappropriation, and/or conversion which are the direct result of Lexogen’s possession and/or use of Lexogen’s products or services or information thereon disclosed by Buyer, if applicable, or
- the death or bodily injury of any third party or the damage, loss or destruction of any tangible personal or real property arising from or related to Buyer’s use of Lexogen’s products or services.
15. Online Credit Card Payments
All online payments to Lexogen GmbH or Lexogen, Inc. (LEXOGEN in short) are subject to the following conditions. By using the credit card payment facilities available on LEXOGEN’s online resources, in particular LEXOGEN’s website and LEXOGEN’s web store, you agree to the following Terms and Conditions for Online Credit Card Payments.
a. Terms and Conditions for Online Credit Card Payments
LEXOGEN accepts the following cards
- Visa
- MasterCard
When you complete the online checkout process, funds will be deducted from your credit card in the selected currency. Due to the way transactions are processed by the external banking sites there may be delays of 1-3 days in updating your payment in LEXOGEN’s records. Payments are debited to LEXOGEN. Credit card payments are secure:
- Payments will be processed directly by PayUnity using Secure Socket Layer (SSL) technology.
- Credit card numbers are protected with a high level of encryption when transmitted over the internet.
- LEXOGEN does not have access to your credit card details.
Confirmation
- If payment is successful, LEXOGEN will confirm your order details via email.
- If payment is not successful, the payment process will notify you and you will be able to try again or choose a different payment method.
Refund policy
- LEXOGEN does not offer direct refunds for payments made by credit card. You will have to contact your credit card company or bank that issued the card to initiate a refund.
All information you provide on the credit card payment facility forms will be handled in accordance with LEXOGEN’s privacy statement. By using LEXOGEN’s online credit card facilities you agree to all applicable LEXOGEN policies regarding the LEXOGEN website and the LEXOGEN web store. LEXOGEN’s Terms and Conditions for Online Credit Card Payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions for Online Credit Card Payments that were in place at the time of transaction.
16. Final clause
a. Governing law and venue
These General Terms and Conditions of Sales of Lexogen shall be subject to and construed in accordance with Austrian law. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.
b. Severability clause
If certain terms of these General Terms and Conditions of Sales of Lexogen are made inoperable or become inoperable, the validity of the other terms as well as the content of individual contracts concluded on the basis of these General Terms and Conditions of Sales of Lexogen remain unaffected.
17. Terms and Conditions for Lexogen NGS Services
In addition to these General Terms and Conditions of Sales (“General Terms”), the Terms and Conditions of Services (“Services Terms”) apply for all services executed by Lexogen NGS Services. In the event of any conflict between the General Terms and the Services Terms, the Services Terms shall prevail. The Services Terms are available on the Lexogen Terms and Conditions page (www.lexogen.com/terms-and-conditions).
Last updated on 10. November 2025
General Terms and Conditions of Sales – Lexogen, Inc.
Preface
The sale of products or services by Lexogen, Inc. (hereafter referred to as “Lexogen” or “Seller”) to business partners (hereafter referred to as “Buyer”) shall exclusively be governed by the “General Terms and Conditions of Sales of Lexogen, Inc.” in the version respectively in effect at the time of the conclusion of each contract. Any contradicting or deviating general terms and conditions of the Buyer shall not become part of the contract unless the Seller has expressly agreed to their applicability in writing.
The current version of the General Terms and Conditions of Sales of Lexogen is available at www.lexogen.com or can be requested free of charge at info@lexogen.com.
1. Offer and conclusion of contract
2. Shipping and handling
Our products will be shipped cooled in Styrofoam boxes. The shipments are carried out uninsured at the risk of the Buyer. Transport insurance will be taken out on the Buyer’s order and at the Buyer’s expense.
3. Delivery
Delivery dates shall be approximate, unless the Seller has recognized such in writing to be binding. We usually deliver within five (5) working days after confirming Buyer’s order. Deviating delivery times will be communicated to the Buyer as fast as feasible. If ordered items – as stated in the respective order confirmation – have not yet arrived or are temporarily unable to be delivered, we will send these items, without queries, in a subsequent delivery. Delivery delays do not entitle the Buyer to resign the contract or to compensation. Shipping and handling costs of shipments and partial shipments will be calculated as described in “Shipping and handling”.
4. Prices and Taxes
Unless otherwise stated, prices are without price-fixing and may be altered by Lexogen at any time without prior notice. Should the prices be increased, then upon receipt of Lexogen’s notification of such price increase the Buyer shall have the right to cancel the order in respect to products which have not been dispatched yet. All prices and quotes are exclusive taxes, duties, levies and similar expenses which are or become due with Lexogen’s quotation, contract or any order resulting therefrom and the carrying out thereof and are for the account of the Buyer, irrespective of which party (including its representatives/employees) will be liable to pay such taxes.
5. Terms of Payment
Buyer accepts Seller’s invoices if no objections are made in writing within thirty (30) days of receipt of the invoice. Buyer shall settle the invoice within thirty (30) days after receipt of the invoice without any deductions, set offs or debt settlements. If Buyer defaults on an invoice, Seller is entitled to charge defaulted interest of five (5) per cent (%) interest per month on the amount due from the invoice’s due date. Such interest is recalculated each consecutive month the defaulted amount is still due. Additionally, during Buyer’s default, Seller is entitled to (a) refuse to accept additional orders; (b) refuse to ship ordered products; and/or (c) to seek collection from Buyer, including all legal fees and other costs of collection. Additionally, during Buyer’s default, Seller may accept additional orders if Buyer pays up front for ordered products and shipping and handling.
6. Delay of Payment
All payments of Buyer will be charged against Buyer’s oldest open invoice. If Buyer is in default or other factors on hand suggest possible default in the future, Seller is entitled to demand immediate payment of purchasing price before delivery or before the invoice due date. Also, Seller is entitled to resign from ongoing contracts without the Buyer being entitled to further rights.
7. Retention of property title
Delivered goods remain Seller’s property until the complete settlement of the corresponding invoice and all other open accounts receivable by the Buyer. Until complete settlement, Buyer is not entitled to mortgage or assign the delivered goods as collateral. Buyer is entitled to use or to sell the delivered goods in the ordinary course of business. Buyer’s accounts receivable resulting from sales of goods under retention of property will be transferred to Seller in the amount of Seller’s accounts receivable. This transfer is hereby accepted by Seller as priority. Buyer is obliged to notify Seller immediately if third parties claim access to goods under retention of property. Buyer is responsible for sufficient insurance coverage and proper storage of goods during the period of retention of property.
8. Limited Warranty and limited liability
a. General
- Obvious defects of goods must be claimed in writing within seven (7) days of receipt.
- Visibly damaged packaging must be claimed with the transport service during receipt of goods. In case of valid claims, Seller is entitled to choose between making amendments or replacement. Further warranty claims are excluded unless amendments are not possible, fail, are rejected by the Buyer or are unreasonable. All further liability, also against third parties, is excluded.
- Buyer may send back goods delivered by Seller only with express permission of Seller.
b. Hardware and software
Buyer acknowledges with ordering that with state-of-the-art technology, errors cannot be ruled out completely in complex hardware or software even if utmost care is taken. Any warranty is expressly excluded that software is useable for Buyer’s intended purpose and works together with existing hardware or software. Warranty is also expressly excluded for damages caused indirectly or directly (e.g. loss of profit, interruption of service, loss of data) and as well as loss of data or damages incurred in connection with restoration of data. Warranty is not excluded if Seller or Seller’s employees are proven to have acted deliberately or with gross negligence.
Errors are only such errors that lower or abrogate the value or capability of the delivered hardware or software for the agreed on or generally assumed use. Minor reduction of usability is not an error. Warranting a certain capability or functionality requires Seller’s express written statement. Publishing new versions of the software does not mean that previous versions of the software were faulty. Buyer is responsible for correctly installing software. Installation as well as training of Buyer or Buyer’s employees are not included in the scope of contract. These services are available on request. Warranty is void if a defect is caused by improper handling, incorrect installation, manipulation of the software or environmental conditions not within the installation requirements. If an error investigation shows that the reason of malfunction was within Buyer’s scope, Seller is entitled to charge Buyer the corresponding expenditures.
c. Wear and tear components
Certain components like lamps, lasers, print heads, etc., are subject to wear and tear even if used correctly and are correspondingly indicated as such in quotes. They are not subject to warranty. This does not include faults of wear and tear parts at delivery time.
9. Protection of data privacy
Buyer agrees that Seller electronically collects and stores data necessary to fulfil orders and other business-related cases. Seller may also use the data for customer relationship management and to improve service quality. Seller will never relay this data to third parties. Buyer can cancel this agreement at any time.
10. Buyer’s use of Lexogen’s products and services
All products and services offered by Lexogen are primarily intended For Research Use Only. Buyer may not use Lexogen’s products or services for any other purposes, including but not limited to, in vitro diagnostic purposes, foods, drugs, medical devices or cosmetics for humans or animals. Buyer acknowledges that Lexogen’s products and services have not been tested by Lexogen for safety and efficacy in foods, drugs, medical devices, cosmetics for human or animals or for any other use, unless stated otherwise in communication by Lexogen. Lexogen’s products and services are primarily intended For Research Use Only, therefore they may not be on the United States “Toxic Substances Control Act” (TSCA) inventory or any similar inventory in any other country. Buyer assumes responsibility to ensure that the products and services received from Lexogen are approved for use under the law of the state or country of its residence, if applicable. Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products and services received from Lexogen. Buyer agrees to comply with instructions, if any, received from Lexogen relating to the use of the products and services and not to misuse the products and services in any manner. No products and services purchased from Lexogen shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics for humans or animals.
11. Diagnostics license
If Buyer wishes to use products or services offered by Lexogen for diagnostics purposes, they should contact sales@lexogen.com to enquire about a separate diagnostics license.
12. Transfer of Lexogen’s products and services
a. Transfer and Purpose
b. Restrictions on Transfer
Buyer shall restrict access to and use of Lexogen’s products and services to the Buyer and/or the Buyer’s Scientist in charge of using Lexogen’s products and services, who is an employee of Buyer and to people engaged in performing the Research in Buyer’s laboratory under the Buyer’s Scientist direct control. Buyer may not store Lexogen’s products and services at any facility outside the control of Buyer. Buyer may not use Lexogen’s products and services in research funded by third-party commercial entities without Seller’s prior written consent.
c. Compliance
13. Intellectual property
a. Seller ownership rights
Seller retains ownership of all products.
The Buyer retains ownership rights of:
- modifications (except that, Seller retains ownership rights to Lexogen’s products included therein),
- those substances created through the use of Lexogen’s products or services, but which are not progeny, unmodified derivatives or modifications (i.e. do not contain Lexogen’s products, progeny or unmodified derivatives) and
- any data, results, know-how and other intellectual property that are generated by or on behalf of Buyer in connection with the use of Lexogen’s products or services. If either subitem of 14.2 results from the collaborative efforts of Seller and Buyer, joint ownership shall be negotiated.
b. Buyer distribution rights
Seller and Buyer agree that:
- The Buyer and/or Buyer’s Scientist shall have the right, without restriction, to distribute substances created by Buyer through the use of Lexogen’s products or services only if those substances are not progeny, unmodified derivatives or any of Lexogen’s products incorporated in modifications.
- Without the prior written consent of Seller, Buyer and/or Buyer’s Scientist shall NOT provide modifications to any third party. It is recognized by the Buyer that provisions may require a commercial license from the Seller and that Seller has no obligation to grant a license to its ownership interest in Lexogen’s products incorporated in the modifications.
c. Seller intellectual property rights reserved
The Buyer acknowledges that Lexogen’s products and services are or may be the subject of a patent application. Except as provided in this Agreement, no express or implied licenses or other rights are provided to the Buyer under any patents, patent applications, trade secrets or other proprietary rights to the provider, including any altered forms of Lexogen’s products and services made by the Seller. In particular, no express or implied licenses or other rights are provided to use Lexogen’s products and services, modifications thereof or any related patents of the Seller for commercial purposes. It is understood by the Buyer that the Seller shall have no obligation to grant such a license to the Buyer, and may grant exclusive or non-exclusive license to others, or sell or assign all or part of the rights to Lexogen’s products or services to any third party/parties, subject to any pre-existing rights held by others and obligations to the United States government.
d. Buyer intellectual property rights
Subject to the restrictions of this Agreement, the Buyer is free to file patent application(s) claiming any patentable inventions that are made by or on behalf of Buyer in connections with modifications (“inventions”).
e. Use of name
Buyer, its employees or its affiliates will not use Seller’s name, logo or trademark in any manuscript, publication, press release, publicity, or advertising without the prior written approval of Buyer, except as required by applicable law.
f. Acknowledgement
Buyer agrees to acknowledge Seller as the source of Lexogen’s products and services in any publication reporting use thereof.
14. Buyer’s representations and indemnity
Buyer represents and warrants that it shall use all Lexogen’s products and services ordered in a lawful manner. Buyer shall defend Lexogen, its employees, agents, affiliates and contractors (the “Lexogen Indemnities”), and shall hold the Lexogen Indemnities harmless from and against all suits, actions, or proceedings, at law or in equity, and from all claims, costs, damages, losses and expenses (including, without limitation, attorney’s fees, consultants’ fees, experts’ fees) of third parties that are related or in connection with:
- Lexogen’s products and services or information thereon, if applicable, being wrongfully disclosed by Buyer hereunder,
- infringement, misappropriation, and/or conversion which are the direct result of Lexogen’s possession and/or use of Lexogen’s products or services or information thereon disclosed by Buyer, if applicable, or
- the death or bodily injury of any third party or the damage, loss or destruction of any tangible personal or real property arising from or related to Buyer’s use of Lexogen’s products or services.
15. Online Credit Card Payments
All online payments to Lexogen GmbH or Lexogen, Inc. (LEXOGEN in short) are subject to the following conditions. By using the credit card payment facilities available on LEXOGEN’s online resources, in particular LEXOGEN’s website and LEXOGEN’s web store, you agree to the following Terms and Conditions for Online Credit Card Payments.
a. Terms and Conditions for Online Credit Card Payments
LEXOGEN accepts the following cards
- Visa
- MasterCard
When you complete the online checkout process, funds will be deducted from your credit card in the selected currency. Due to the way transactions are processed by the external banking sites there may be delays of 1-3 days in updating your payment in LEXOGEN’s records. Payments are debited to LEXOGEN. Credit card payments are secure:
- Payments will be processed directly by PayUnity using Secure Socket Layer (SSL) technology.
- Credit card numbers are protected with a high level of encryption when transmitted over the internet.
- LEXOGEN does not have access to your credit card details.
Confirmation
- If payment is successful, LEXOGEN will confirm your order details via email.
- If payment is not successful, the payment process will notify you and you will be able to try again or choose a different payment method.
Refund policy
- LEXOGEN does not offer direct refunds for payments made by credit card. You will have to contact your credit card company or bank that issued the card to initiate a refund.
All information you provide on the credit card payment facility forms will be handled in accordance with LEXOGEN’s privacy statement. By using LEXOGEN’s online credit card facilities you agree to all applicable LEXOGEN policies regarding the LEXOGEN website and the LEXOGEN web store. LEXOGEN’s Terms and Conditions for Online Credit Card Payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions for Online Credit Card Payments that were in place at the time of transaction.
16. Final clause
a. Governing law and venue
These General Terms and Conditions of Sales of Lexogen, Inc. shall be subject to and construed in accordance with United States law. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.
b. Severability clause
If certain terms of these General Terms and Conditions of Sales of Lexogen, Inc. are made inoperable or become inoperable, the validity of the other terms as well as the content of individual contracts concluded on the basis of these General Terms and Conditions of Sales of Lexogen, Inc. remain unaffected.
17. Terms and Conditions for Lexogen NGS Services
In addition to these General Terms and Conditions of Sales (“General Terms”), the Terms and Conditions of Services (“Services Terms”) apply for all services executed by Lexogen NGS Services. In the event of any conflict between the General Terms and the Services Terms, the Services Terms shall prevail. The Services Terms are available on the Lexogen Terms and Conditions page (www.lexogen.com/terms-and-conditions).
Last updated on 10. November 2025
Terms and Conditions of Services – Lexogen GmbH
1. General
2. Performance of Services
Lexogen shall perform services with due care and according to the specifications agreed upon in the relevant Quote. Project timelines are estimates only and may be subject to change. The Customer acknowledges that the success of the project depends on the quality and properties of the provided samples and compliance with Lexogen’s sample submission requirements. The Customer shall be responsible for verifying the accuracy of all Quotes and for understanding the information contained therein.
3. Project Start Requirements
A service project may only begin after assignment of project number, successful sample receipt, provision of adequately filled sample submission form, and a valid purchase order from the Customer’s institution or company. Delays in submission of samples, purchase order, or sample submission form will lead to a delayed project completion and extend turnaround times respectively and are in the Customer’s responsibility.
The Customer must provide an estimated delivery date for samples to be processed under a relevant Quote. Unless otherwise agreed in writing, samples must be delivered within 3–6 (three-six) months after Quote acceptance and provision of a valid purchase order by the Customer to Lexogen (“Sample Submission Deadline”). Lexogen reserves the right to revise the offer and adjust pricing if the Sample Submission Deadline is not met.
4. Pilot Projects
Lexogen and the Customer can agree to run a pilot project (“Pilot project”) before starting a subsequent project with a bigger number of samples to be processed (“Main project”). The Customer must ensure that the samples delivered for the Pilot project are representative of those for the Main project, with comparable properties such as cell count per sample, cell viability, solvent composition, RNA/DNA quality, RNA/DNA concentration, and other relevant properties. This is a prerequisite for Lexogen to be able to guarantee comparable results delivered for the Pilot project and Main Project.
5. Sample Delivery
The Customer must communicate an estimated delivery date for samples to Lexogen. Sample shipments can only be accepted during office hours of Lexogen GmbH at the Lexogen headquarters. Unless otherwise agreed in writing, samples must be delivered within 3–6 months of offer acceptance and provision of a valid purchase order to Lexogen. Lexogen reserves the right to revise the Quote and adjust pricing if deadlines for sample delivery are not met.
6. Shipment of Samples
The Customer is responsible for ensuring proper packaging and compliance with Lexogen recommendations as well as shipping regulations when sending samples to Lexogen. Lexogen may assist in arranging shipments but accepts no liability for loss, damage, or compromise of samples during transit. Return shipment of samples after project completion is possible upon request, at the Customer’s expense. All packaging, shipment, and handling costs will be charged to the Customer. Lexogen accepts no liability for samples lost, damaged, or compromised during return shipment.
7. Quote Validity
Quotes are valid until the stated expiry date and apply only to the specified sample number and requirements as stated on the Quote. Lexogen reserves the right to adjust any parameters of the Quote after its expiration date, in particular the per-sample pricing if the number of samples changes or if the Quote is redeemed after its validity period.
8. Billing and Payment Terms
Invoicing is initiated on project completion, unless agreed otherwise in advance. Services may be invoiced in parts as they are rendered (“Subprojects”), and such Subprojects may be invoiced separately. Unless otherwise agreed in writing, invoices are due within thirty (30) days of the invoice date without any deductions. Payments must be made via bank transfer to the account specified on the invoice and free of any set-off or counterclaims.
Any payment not received by the due date shall accrue interest at a rate of two percent (2%) per month, or the highest rate allowed by Applicable Law.
9. Prepayments
Lexogen allows for prepaid Service projects. Prepayments are non-refundable and must be redeemed within twelve (12) months of payment date (“Prepayment Period”), unless otherwise agreed in writing. Any remaining prepaid amount after the Prepayment Period will expire. Prepayments may be applied to any future services within the Prepayment Period but may not be used to offset any outstanding debts without Lexogen’s consent.
10. Ownership of Samples, Data, and Intellectual Property
Unless otherwise agreed in writing, the Customer remains the owner of biological samples and results delivered by Lexogen to the Customer. Lexogen retains ownership of all intellectual property developed prior to or outside the scope of the Service project. For further clarity, Customer agrees that Lexogen’s proprietary technologies existing prior to the performance of the Services shall remain the sole property of Lexogen, and that any and all improvements to Lexogen’s proprietary technologies that are not specifically related to the samples submitted by the Customer, whether or not conceived within the performance of the Service in connection with a particular Service project, shall be the sole property of Lexogen.
11. Quality Control Failure
If samples fail Lexogen’s quality control checks, they will not be processed further without Customer’s explicit consent. Customers will be invoiced only for Services performed. If at least 20% of samples fail, Lexogen reserves the right to recalculate the quoted per-sample pricing and provide Customer with a new pricing for the project unless agreed otherwise in advance. Sequencing costs already incurred remain payable by the Customer.
12. Drop-out
A drop-out is defined as a failed library preparation or a sequencing result below the expected read depth. Sequencing depth per sample is an average value; only the agreed total sequencing depth applies as the baseline. If the majority of samples do not meet expectations, Lexogen may suspend the project and will consult with the Customer on further steps.
13. Sample preparation
Lexogen reserves the right to select the best workflow for the project unless agreed otherwise with the Customer in advance. Lexogen employs proprietary and state-of-the-art technologies within validated and optimized service workflows. The selection, implementation, and adaptation of technologies are based on thorough internal evaluations and may be modified at any time without prior notice or obligation to communicate such changes.
14. Sequencing Platform and Parameters
If not specifically agreed with the Customer otherwise, the choice of the sequencing platform is at Lexogen’s sole discretion and will be made based on technology, project size, and operational considerations. Sequencing parameters stated in the Quote may only be changed if the change benefits the Customer, e.g., longer reads or higher read depth. In such a case, no approval by the Customer is required.
15. Data Analysis
Unless otherwise agreed with the Customer, data analysis will be performed using Lexogen’s standard bioinformatics pipeline. Data analysis is performed exclusively based on the information provided in the sample submission form. Secure data transfer is facilitated through Lexogen’s sFTP server, accessible exclusively with unique user credentials.
16. Gene Expression Data Analysis
For gene expression analysis, the Customer must specify the targeted sample comparisons in advance. The standard data analysis includes one (1) additional comparison. Any further comparisons will be charged separately. Standard analysis supports up to approximately ten (10) conditions and twenty (20) comparisons. Each sample may be assigned to one (1) condition only. Customers are responsible for specifying comparisons in the correct order. Requests exceeding these limitations or requiring reanalysis may incur additional costs and extended timelines.
17. Sample and Data Storage
Lexogen will store biological samples for up to three (3) months after project completion, after which samples will be destroyed. Project data will be stored for three (3) months after project completion and transfer of the project data to Customer. After the period of three (3) months the data will be irreversibly deleted. An extended storage period for both, samples and data, beyond the period of three (3) months (“Guaranteed Storage Period”) can be arranged at extra cost. Customers must contact Lexogen at least two (2) weeks before the end of the Guaranteed Storage Period to arrange for an extended storage of samples and/or data.
18. Internal Testing
After the Guaranteed Storage Period has expired, Lexogen may use remaining samples or data for internal testing unless otherwise requested in writing by the Customer. Upon Customer’s request, data can be permanently deleted from Lexogen’s infrastructure at any time.
19. Anonymized Data Usage
Lexogen may collect and compile anonymized project data while performing Services (“Anonymized Data”). Lexogen guarantees that any identifying information will be removed from such data, and it will not be possible to trace back information to the Customer or samples / information provided by the Customer. Such Anonymized Data may be used for the improvement of Lexogen NGS Services or any other Lexogen business purpose, including but not limited to marketing purposes.
20. Subcontracting
Lexogen strives to carry out all work in-house. To perform parts of the service, Lexogen may engage subcontractors, provided Lexogen remains responsible for their performance.
21. Warranties and Liability
Lexogen will perform Services in a professional manner in accordance with industry standards but does not guarantee that a specific result will be achieved unless explicitly stated in writing. Lexogen shall not be liable for non-conformance resulting from poor sample quality, improper initial handling by Customer, shipping damage, or factors outside Lexogen’s control. Lexogen’s total liability shall not exceed the amount paid for the specific service project giving rise to the claim, and under no circumstances shall Lexogen be liable for indirect, incidental, or consequential damages.
22. Confidentiality
Lexogen and Customer shall keep confidential all non-public information disclosed in connection with the service and shall not disclose such information to any third party without prior written consent of Lexogen or Customer respectively.
23. Information Accuracy and Customer Obligations
The Customer is responsible for providing complete and accurate information (e.g., in the sample submission form) necessary for the proper execution of the services. Errors, omissions, or incomplete information that require repetition of parts of the services may result in additional charges. Any delays attributable to the Customer during the course of the project may extend the overall turnaround time.
Last updated on 10. November 2025
Terms and Conditions of Services – Lexogen, Inc.
1. General
These Terms and Conditions for Service Projects apply to all service-based offerings provided by Lexogen, Inc. (“Lexogen”), including but not limited to sequencing services, data analysis, and related laboratory services. In the event of any conflict between these Terms and Lexogen’s General Terms and Conditions of Sales, the terms specifically set forth herein shall prevail.
2. Performance of Services
Lexogen shall perform services with due care and according to the specifications agreed upon in the relevant Quote. Project timelines are estimates only and may be subject to change. The Customer acknowledges that the success of the project depends on the quality and properties of the provided samples and compliance with Lexogen’s sample submission requirements. The Customer shall be responsible for verifying the accuracy of all Quotes and for understanding the information contained therein.
3. Project Start Requirements
A service project may only begin after assignment of project number, successful sample receipt, provision of adequately filled sample submission form, and a valid purchase order from the Customer’s institution or company. Delays in submission of samples, purchase order, or sample submission form will lead to a delayed project completion and extend turnaround times respectively and are in the Customer’s responsibility.
The Customer must provide an estimated delivery date for samples to be processed under a relevant Quote. Unless otherwise agreed in writing, samples must be delivered within 3–6 (three-six) months after Quote acceptance and provision of a valid purchase order by the Customer to Lexogen (“Sample Submission Deadline”). Lexogen reserves the right to revise the offer and adjust pricing if the Sample Submission Deadline is not met.
4. Pilot Projects
Lexogen and the Customer can agree to run a pilot project (“Pilot project”) before starting a subsequent project with a bigger number of samples to be processed (“Main project”). The Customer must ensure that the samples delivered for the Pilot project are representative of those for the Main project, with comparable properties such as cell count per sample, cell viability, solvent composition, RNA/DNA quality, RNA/DNA concentration, and other relevant properties. This is a prerequisite for Lexogen to be able to guarantee comparable results delivered for the Pilot project and Main Project.
5. Sample Delivery
The Customer must communicate an estimated delivery date for samples to Lexogen. Sample shipments can only be accepted during office hours of Lexogen GmbH at the Lexogen headquarters. Unless otherwise agreed in writing, samples must be delivered within 3–6 months of offer acceptance and provision of a valid purchase order to Lexogen. Lexogen reserves the right to revise the Quote and adjust pricing if deadlines for sample delivery are not met.
6. Shipment of Samples
The Customer is responsible for ensuring proper packaging and compliance with Lexogen recommendations as well as shipping regulations when sending samples to Lexogen. Lexogen may assist in arranging shipments but accepts no liability for loss, damage, or compromise of samples during transit. Return shipment of samples after project completion is possible upon request, at the Customer’s expense. All packaging, shipment, and handling costs will be charged to the Customer. Lexogen accepts no liability for samples lost, damaged, or compromised during return shipment.
7. Quote Validity
Quotes are valid until the stated expiry date and apply only to the specified sample number and requirements as stated on the Quote. Lexogen reserves the right to adjust any parameters of the Quote after its expiration date, in particular the per-sample pricing if the number of samples changes or if the Quote is redeemed after its validity period.
8. Billing and Payment Terms
Invoicing is initiated on project completion, unless agreed otherwise in advance. Services may be invoiced in parts as they are rendered (“Subprojects”), and such Subprojects may be invoiced separately. Unless otherwise agreed in writing, invoices are due within thirty (30) days of the invoice date without any deductions. Payments must be made via bank transfer to the account specified on the invoice and free of any set-off or counterclaims.
Any payment not received by the due date shall accrue interest at a rate of two percent (2%) per month, or the highest rate allowed by Applicable Law.
9. Prepayments
Lexogen allows for prepaid Service projects. Prepayments are non-refundable and must be redeemed within twelve (12) months of payment date (“Prepayment Period”), unless otherwise agreed in writing. Any remaining prepaid amount after the Prepayment Period will expire. Prepayments may be applied to any future services within the Prepayment Period but may not be used to offset any outstanding debts without Lexogen’s consent.
10. Ownership of Samples, Data, and Intellectual Property
Unless otherwise agreed in writing, the Customer remains the owner of biological samples and results delivered by Lexogen to the Customer. Lexogen retains ownership of all intellectual property developed prior to or outside the scope of the Service project. For further clarity, Customer agrees that Lexogen’s proprietary technologies existing prior to the performance of the Services shall remain the sole property of Lexogen, and that any and all improvements to Lexogen’s proprietary technologies that are not specifically related to the samples submitted by the Customer, whether or not conceived within the performance of the Service in connection with a particular Service project, shall be the sole property of Lexogen.
11. Quality Control Failure
If samples fail Lexogen’s quality control checks, they will not be processed further without Customer’s explicit consent. Customers will be invoiced only for Services performed. If at least 20% of samples fail, Lexogen reserves the right to recalculate the quoted per-sample pricing and provide Customer with a new pricing for the project unless agreed otherwise in advance. Sequencing costs already incurred remain payable by the Customer.
12. Drop-out
A drop-out is defined as a failed library preparation or a sequencing result below the expected read depth. Sequencing depth per sample is an average value; only the agreed total sequencing depth applies as the baseline. If the majority of samples do not meet expectations, Lexogen may suspend the project and will consult with the Customer on further steps.
13. Sample preparation
Lexogen reserves the right to select the best workflow for the project unless agreed otherwise with the Customer in advance. Lexogen employs proprietary and state-of-the-art technologies within validated and optimized service workflows. The selection, implementation, and adaptation of technologies are based on thorough internal evaluations and may be modified at any time without prior notice or obligation to communicate such changes.
14. Sequencing Platform and Parameters
If not specifically agreed with the Customer otherwise, the choice of the sequencing platform is at Lexogen’s sole discretion and will be made based on technology, project size, and operational considerations. Sequencing parameters stated in the Quote may only be changed if the change benefits the Customer, e.g., longer reads or higher read depth. In such a case, no approval by the Customer is required.
15. Data Analysis
Unless otherwise agreed with the Customer, data analysis will be performed using Lexogen’s standard bioinformatics pipeline. Data analysis is performed exclusively based on the information provided in the sample submission form. Secure data transfer is facilitated through Lexogen’s sFTP server, accessible exclusively with unique user credentials.
16. Gene Expression Data Analysis
For gene expression analysis, the Customer must specify the targeted sample comparisons in advance. The standard data analysis includes one (1) additional comparison. Any further comparisons will be charged separately. Standard analysis supports up to approximately ten (10) conditions and twenty (20) comparisons. Each sample may be assigned to one (1) condition only. Customers are responsible for specifying comparisons in the correct order. Requests exceeding these limitations or requiring reanalysis may incur additional costs and extended timelines.
17. Sample and Data Storage
Lexogen will store biological samples for up to three (3) months after project completion, after which samples will be destroyed. Project data will be stored for three (3) months after project completion and transfer of the project data to Customer. After the period of three (3) months the data will be irreversibly deleted. An extended storage period for both, samples and data, beyond the period of three (3) months (“Guaranteed Storage Period”) can be arranged at extra cost. Customers must contact Lexogen at least two (2) weeks before the end of the Guaranteed Storage Period to arrange for an extended storage of samples and/or data.
18. Internal Testing
After the Guaranteed Storage Period has expired, Lexogen may use remaining samples or data for internal testing unless otherwise requested in writing by the Customer. Upon Customer’s request, data can be permanently deleted from Lexogen’s infrastructure at any time.
19. Anonymized Data Usage
Lexogen may collect and compile anonymized project data while performing Services (“Anonymized Data”). Lexogen guarantees that any identifying information will be removed from such data, and it will not be possible to trace back information to the Customer or samples / information provided by the Customer. Such Anonymized Data may be used for the improvement of Lexogen NGS Services or any other Lexogen business purpose, including but not limited to marketing purposes.
20. Subcontracting
Lexogen strives to carry out all work in-house. To perform parts of the service, Lexogen may engage subcontractors, provided Lexogen remains responsible for their performance.
21. Warranties and Liability
Lexogen will perform Services in a professional manner in accordance with industry standards but does not guarantee that a specific result will be achieved unless explicitly stated in writing. Lexogen shall not be liable for non-conformance resulting from poor sample quality, improper initial handling by Customer, shipping damage, or factors outside Lexogen’s control. Lexogen’s total liability shall not exceed the amount paid for the specific service project giving rise to the claim, and under no circumstances shall Lexogen be liable for indirect, incidental, or consequential damages.
22. Confidentiality
Lexogen and Customer shall keep confidential all non-public information disclosed in connection with the service and shall not disclose such information to any third party without prior written consent of Lexogen or Customer respectively.
23. Information Accuracy and Customer Obligations
The Customer is responsible for providing complete and accurate information (e.g., in the sample submission form) necessary for the proper execution of the services. Errors, omissions, or incomplete information that require repetition of parts of the services may result in additional charges. Any delays attributable to the Customer during the course of the project may extend the overall turnaround time.
Last updated on 10. November 2025
