Terms and Conditions

Effective Date: January 1, 2026

Welcome to the Fungal Biotech Solutions, LLC website. These Terms and Conditions govern your use of our website and apply to quotations, sales, rentals, trial agreements, deliveries, consulting, training, technical support, and related services provided by Fungal Biotech Solutions, LLC ("FBS," "we," "us," or "our"). By using this website, submitting an inquiry, requesting a quote, purchasing products, renting equipment, or engaging our services, you agree to these Terms and Conditions.

Website Use and Scope

These Terms and Conditions apply to this website and to all products and services offered by FBS, including scientific instruments, accessories, consumables, counting chambers, software, demonstration units, loaner units, training, technical support, and consulting services.

Quotations and Orders

All quotations are valid only for the period stated in the quotation. All orders are subject to acceptance by FBS. We reserve the right to reject or cancel any order prior to shipment. No order may be cancelled without our prior written consent.

Pricing, Taxes, and Payment

All prices are stated in the currency listed in the applicable quotation and do not include sales tax, use tax, VAT, customs duties, tariffs, or similar governmental charges unless expressly stated. The customer is responsible for all applicable taxes, duties, tariffs, and related charges unless a valid exemption certificate is provided before invoicing.

Payment terms are stated in the applicable quotation or invoice. Unless otherwise stated, payment is due within 30 days of the invoice date. We may charge interest on overdue balances at the maximum rate permitted by law. The customer agrees to reimburse FBS for reasonable collection costs, including attorneys’ fees where permitted.

Shipping and Delivery

Shipping and delivery dates are estimates only and are not guaranteed. FBS is not responsible for delays caused by carriers, customs clearance, force majeure events, or other circumstances beyond our reasonable control. Risk of loss passes according to the shipping terms stated in the applicable quotation.

Ownership of Products

For purchased products, title transfers only upon full payment. For rental, trial, demo, or loaned equipment, title remains with FBS at all times. Customers may not sell, assign, pledge, lease, or otherwise transfer rented or trial equipment.

Trial and Rental Equipment

Trial and rental periods, pricing, and return conditions are defined in the applicable quotation or agreement. Unless otherwise stated in writing, the customer is responsible for return shipping costs. The customer is responsible for loss of or damage to trial or rental equipment beyond normal wear and tear. Any credit of rental fees toward a future purchase applies only if explicitly stated in writing.

Training and Installation

Virtual training may be included if stated in the applicable quotation. Onsite installation or training may be provided upon request and will be billed at travel cost plus related expenses unless otherwise agreed in writing.

Software and Licensing

Any software provided by FBS or with products sold or rented by FBS is subject to the applicable software license terms. The customer may not copy, modify, reverse engineer, decompile, or disassemble software except as permitted by law.

Use Restrictions and Compliance

The customer is responsible for complying with all applicable laws, regulations, and safety requirements related to the use of products or services provided by FBS. Unless expressly authorized in writing, trial or rental equipment may not be used with pathogenic microorganisms requiring Biosafety Level 2, 3, or 4 containment. Customers agree to properly clean and decontaminate equipment before return in accordance with provided instructions.

Warranties

Unless otherwise stated in writing, FBS passes through any manufacturer warranty available for purchased products. FBS provides no additional warranty except as expressly stated in writing. Trial and rental equipment is provided on an "as is" and "as available" basis unless otherwise stated.

To the maximum extent permitted by law, FBS disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Returns and Refunds

Returns are not accepted without prior written authorization from FBS. Approved returns must be unused, in original packaging, and in resalable condition unless otherwise agreed in writing. Restocking fees may apply. Custom and special-order items are non-returnable.

Limitation of Liability

To the maximum extent permitted by law, FBS will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages. FBS’s total liability for any claim arising out of or relating to the products or services will not exceed the amount paid for the specific product or service giving rise to the claim.

Indemnification

The customer agrees to indemnify, defend, and hold harmless FBS and its officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from misuse of products, violation of these Terms, or violation of applicable laws or regulations.

Force Majeure

FBS will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, fire, flood, earthquake, war, terrorism, labor disputes, shortages, supply chain disruptions, government actions, or transportation delays.

Confidentiality

If the parties enter into a separate non-disclosure agreement, that agreement will govern confidentiality obligations. In the absence of a separate agreement, the customer agrees to treat non-public technical information, pricing, documentation, and proprietary materials provided by FBS as confidential.

Governing Law

These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any legal action arising out of these Terms shall be brought in the state or federal courts located in Massachusetts.

Entire Agreement

These Terms and Conditions, together with any applicable quotation, invoice, or mutually executed written agreement, constitute the entire agreement between the parties and supersede prior communications relating to the subject matter.

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Amendments and Waiver

Any amendment or modification to these Terms and Conditions must be in writing and signed by an authorized representative of FBS. Failure to enforce any provision will not constitute a waiver of that provision.

Contact Information

Fungal Biotech Solutions, LLC
20 4th St. Unit 3
Medford, MA 02155 USA
Email: info@fungalbiotechsolutions.net