This page contains BaseGene’s general terms and conditions. Terms and conditions are subject to change without notice.

1. Scope of Agreement

i) Products purchased from BaseGene shall only be used for research purposes. Customer shall not use the products to manufacture commercial products and/or to sell services relating to or using the product. The resale of the product, or any unmodified derivatives and parts thereof, in any form, including repackaged into a different vector, is strictly prohibited.
ii) Customer shall only have a non-transferable right to use the products. This limited license does not transfer ownership or title to the product, or to any part thereof, to the customer.
iii) BaseGene does not grant to the customer any license, express or implied, in violation of or infringing upon any third party rights. The customer is responsible for determining the existence of any such third party rights, and to acquire any such rights, should they exist, before using the product.
iv) BaseGene has no claim of any kind to any research, data, facts, information, experimental results, and/or any other embodiments generated by Customer using Product, with exception to activities covered by an issued patent assigned, licensed, or controlled by BaseGene.

2. Use of the Website

By accessing the website, you warrant and represent to BaseGene that you are legally entitled to do so and to make use of information made available via the website.

3. Trademarks

The trademarks, names, logos, icons, pictures and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of BaseGene. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of BaseGene.

4. External links

External links may be provided for your convenience, but they are beyond the control of BaseGene and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

5. Disclaimer of liability

BaseGene shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company or institution), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your, your company’s or your institution’s personal information or material and information transmitted over our system. In particular, neither BaseGene nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, institution or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

6. Privacy

BaseGene will not share your information with any third parties and will do it’s best to not release any information unless explicitly stated by you in writing. Please refer to the terms “Disclaimer of liability” above.

7. Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular service shall prevail in respect of your use of the relevant service.

8. Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

9. Applicable laws (choice of venue and forum)

Use of this website shall in all respects be governed by the laws of The Netherlands, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that courts located in The Netherlands, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

10. Warranties and Liabilities

i) Every product offered by BaseGene is intended for research purposes only by qualified professionals, the burden for safe use in handling of our chemicals rests entirely with the customer. The customer must determine suitability of a product for a particular use. We cannot assume responsibility for the completeness or accuracy of any information supplied by us in regard to the hazards or recommended use of these chemicals.
ii) BaseGene products are warranted to meet the stated product specifications and to conform to the description on the label. In the event of a non-conformance with this warrant, BaseGene will indemnify the customer against loss by them in an amount not to exceed the price paid for the goods. Recommended storage conditions must be observed.
iii) BaseGene warrants that the product will meet specifications listed. At BaseGene’s discretion, free replacement of any nonconforming product will be made if BaseGene is notified within 30 days of product receipt. No other warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, or fitness for a particular purpose, are provided by BaseGene.
iv) BaseGene assumes no liability and shall not be responsible for any claims, losses, costs, damages, fees, or expenses arising out of, or in connection with, the Product, including claims based on infringement or misappropriation, and including, but not limited to, any actual or alleged injury, damage, death, or other consequence occurring to any legal or natural person or property, as a result, directly or indirectly, of the possession, use or consumption of any Product, under any cause of action, regardless of the form in which any such claim is made.
v) This Product may be protected by patent applications, patents, and/or copyrights. BaseGene makes no representation or warranty as to whether the Product, and/or its uses, infringes any patent or intellectual property rights of any third party, nor shall BaseGene be liable for infringement of any such rights.
vi) If a customer is unwilling to accept the terms of this limited license, return the UNOPENED Product within five (5) days of receipt to BaseGene for a full refund.
vii) BaseGene makes no warranties, expressed or implied, including without limitation, the warranties of merchantability or fitness for a particular purpose.

11. Pricing

Our prices are current at the time of release of the catalogue. Due to changes beyond our control, including unexpected fluctuation of the cost of raw materials, we reserve the right to change prices without prior notice. Sales taxes, if applicable, are extra to the listed prices. All prices for products and services are FOB Shipping Point. All international orders are charged in Euro.

12. Shipping and Shipping Charges

Products are packaged in commonly used laboratory sizes which are ready to ship. If bulk quantities and alternate sizes are required which not offered on this website, please inquire. The best shipping methods, based on analysis by BaseGene, are selected for each order. The majority of orders are shipped via UPS and FedEx. In the case of products, shipments are typically made within 24-48 hours upon order confirmation. Shipments may vary with stock availability. Additional shipping costs may occur for shipments that require special handling such as cold shipments or hazardous chemicals.

13. Damaged Shipments and/or Missing Items

Please inspect your shipment upon receipt. If it shows any external damage, accept it ONLY AFTER the driver has noted the damage on both his and your copies of the delivery receipt, AND you have requested an inspection by the carrier, or you may relinquish your right to make a claim.
If you find damage (internal) upon opening a shipment, please report the damage to both BaseGene and the carrier within 24hrs of delivery, or you may relinquish your right to make a claim.
If you find that items are missing from your shipment, please report this to both BaseGene and the carrier within 24hrs of delivery or you may relinquish your right to make a claim. Either we may have forgotten to include the additional items in your shipment, or the carrier has misplaced/ forgotten some items for your shipment. It is also possible that the item you requested to be shipped is still on “backorder” and would be shipped separately at a later date.

14. Returns and Exchanges

All returns and exchanges must be authorized by BaseGene. Product returns may be subject to a 25% restocking charge. Please call in or email us for an authorization number. To be approved for a return or exchange, all packages of individual products should be unopened and therefore must be in an unused condition. We reserve the right to inspect them before issuing credit. Product(s) must be returned within 60 days upon your receipt. Return shipments of hazardous material must be packed and labelled to meet DOT regulations. All shipping documents must meet DOT regulations. Products created by using our services are not eligible for returns or exchanges.

15. Discounts

Discounts (including promotions) showcased on this website are available in Europe ONLY. Distributors are excluded from discounts, unless stated otherwise. Specific discount terms are stated in their respective discount web-pages. Discount errors may occur on the website. BaseGene will attend to these errors with the best of their ability. BaseGene cannot be held liable for these errors as errors are typically of a random occurrence. Terms of promotions are subject to change without notice.

16. Use and sales of BaseGene products and services

i) BaseGene laboratory products and services are SOLELY intended for Laboratory Research purposes. BaseGene laboratory products and services are NOT intended for any other use(s), including, but not limited to: in vitro diagnostics, foods, drugs, medical devices, cosmetics, commercial purposes, any general consumptive purpose, and animal and/or human use. It is understood by the customer that under no circumstances should any of BaseGene’s products or services, including their components, be used in an inappropriate manner. No products are to be used for recreational purposes or human consumption. BaseGene product and service orders cannot and WILL NOT be placed for individuals (i.e. no personal orders allowed).
ii) Orders will ONLY be approved for corporations, organizations or institutions that are involved in Laboratory Research. By agreeing to aforementioned and subsequent acknowledgement of remainder of said disclaimer, you are affirming that you are, the equivalent or of greater academic certification, a Medical Laboratory Technologist or Technician. Criminal charges can and may be pursued by the Food Drug Administration against those who fraudulently purchase goods for any reason aside from agreed upon condition.
iii) Customer acknowledges that the products have NOT been tested by supplier for safety and efficiency in food, drug and medical device cosmetic commercial or any other use. Customer represents and warrants to supplier that Customer will properly test and use any products purchased from supplier and for materials produced with products purchased from supplier in accordance with the practices of any person who is not an expert in any appropriate scientific field of study and in strict compliance with all applicable state and federal laws and regulations now and hereafter enacted.
iv) Customer warrants to BaseGene that any material produced with products from supplier shall not be adulterated or misbranded within the governing law of the Federal Food Drug and Cosmetic Act and shall not be materials which may not under Sections 40d. 505. or 512 of the Act be introduced into interstate commerce.
v) In compliance with Federal Law, BaseGene products are NOT intended to be submitted into interstate commerce by an uncertified, unlicensed, or unregistered entity. Customer agrees to comply with instructions by supplier relating to the use of the products and not violate the expressed prohibitive use of said products in any manner.
vii) Customer understands that certain products may not be on the Toxic Substances Control Act (TSCA) inventory. Customer assumes responsibility to insure the products purchased from supplier are approved for use under TSCA, if applicable. Customer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from supplier. Customer has the responsibility for fully researching and complying with the state and federal regulations of their own country of residence.
viii) In no event shall BaseGene or any of its affiliates be liable for special incidental or consequential damages whether purchase claim in contract, negligence, strict liability or otherwise. BaseGene absorbs NO liability in the form of compensatory or damages. By continuing, by means of accepting subsequent and aforementioned conditions, you resign individual right to litigation against BaseGene.
ix) Customer agrees to indemnify and hold BaseGene harmless from all claims, expenses, losses and liability of any nature whatsoever arising out of customer’s handling and/or use of any products or services sold by BaseGene. Customer agrees to indemnify and hold BaseGene harmless for its present and future suppliers, agents, owners, shareholders and employees, as the case may be, for and against any and all losses, damages and expenses, including legal fees and other costs of defending any action that BaseGene may sustain or which may occur as a result of any claim of negligence of contract or other claims or theories of law by himself, his officers, agents, or employees, his customers or other persons, whether direct or indirect in connection with the unsafe, improper or illegal use, or an unintended use of any chemical or product or services provided. In addition, the customer will adopt and use all necessary safety precautions and will abide by all local, state/province and government regulations in accordance with the use of any products or services provided by BaseGene.

17. Gene synhesis orders and deliverables

BaseGene will deliver 2-4.0ug plasmid DNA containing gene of interest. Plasmid DNA will be in pUC vector and provided in lyophilized powder form. Along with the final gene product, BaseGene will provide chromatogram sequencing results, gene report, alignment file, complete nucleotide sequence of the plasmid (cloning vector) including the sequence of the gene insert, and restriction digestion analysis results. All these documents will be sent electronically along with the final product. Upon request, the customer may also receive these documents on USB. No gene synthesis is initiated without a Purchase Order or upfront payment. Payment term is net 30 days. For large projects, a 25% deposit may be required to initiate of the project. Deposit of 25% is fully refundable.

18. Turnaround of gene synthesis service

BaseGene will make its best effort to ship genes with a sequence length less than or equal to one thousand base pairs (1000bp), within ten (10) business days of receipt of an order. BaseGene will make its best effort to ship genes with a sequence length between one thousand base pairs (1000bp) to two thousand base pairs (2000bp), within fifteen (15) business days of receipt of an order. For genes with a sequence length greater than two thousand base pairs (2000bp), BaseGene will provide customer with an estimate of the completion date before manufacture of the gene.

19. High GC content genes and highly repetitive genes

In case of genes with high GC content (including regional high GC content genes), as well as highly repetitive genes, BaseGene reserves the right to deliver genes within a more reasonable time frame. The new time frame will be consulted with customer prior to start of gene synthesis. BaseGene may also refuse to fill any order by notifying customer orally or by written notice if the order is technically difficult to accomplish.

20. Custom cloning vehicle

Unless otherwise specified in a quotation or during a promotion, BaseGene will charge extra to subclone the genes of interest into customer’s desired cloning vehicle(s). Customer must provide detailed sequence information pertaining customer vector. Any incorrect or false information provided by customer may lead to significant delay of the project. In this case, BaseGene is not responsible for the delay or any consequences caused by the delay. If subcloning fails due to circumstances beyond control, BaseGene will deliver the final gene product in a pUC57 vector. In this scenario, the subcloning fee will NOT be charged to customer due to incompletion of subcloning process.

21. Genes with expression toxicity

In the event that a designed DNA fragment is toxic to the E.coli host in which it is grown, BaseGene reserves the right to provide 20ug of sequence-verified full length PCR fragment in place of plasmid DNA. Customer agrees to pay the full invoice amount.

22. Genes that fail to be synthesized in full length

BaseGene makes its best effort to synthesize the full length gene in the standard vector pUC57. Should BaseGene be unsuccessful in generating the full-length sequence in the standard vector or as a full length PCR fragment (due to sequence instability, toxicity, GC rich areas, repeats, etc.), the customer is not obligated to make ANY payment to BaseGene. Should the customer be willing to receive sequence-verified PCR fragments, BaseGene reserves the right to ask a proportion of the original price (up to 50%) to cover labour and material cost.

23. Cancellations

For any genes, customer may cancel the order after reaching an agreement with BaseGene:

i) If BaseGene has received the order, but has not initiated the project, the customer is entitled to cancellation of the order without any penalty.
ii) If BaseGene has prompted oligo synthesis, but not cloning and/or thereafter, customer may cancel the order, however, customer is obliged to pay 25% of the original price to cover labour and material cost.
iii) If BaseGene has prompted oligo synthesis, and has started cloning and/or thereafter, customer may cancel the order, however, after agreement with BaseGene, the customer is obliged to pay penalty cost, depending on the stage or status of the project.
iv) If BaseGene has obtained the correct sequence within specified time frame, customer may cancel the order; however, the full amount will be paid to BaseGene.

24. Patents

BaseGene serves as a service provider and offers synthesis services of sequences provided by the customer. It is the sole responsibility of customer to verify whether their respective work is result of any infringements of any patents. BaseGene expressly disclaims any liability in this regard.

25. Inspection policy

Upon receipt of shipped goods, customer shall inspect the shipment promptly for damages, shortages and correct identity of product. Any product that is not identical to the requested sequence will be replaced or authorized for return and credit, at our option. Any claims must be submitted within 3 months of shipment.

26. Warranty

BaseGene guarantees 100% accuracy and match of genes requested. Any claims must be submitted within 3 months of shipment. At the time of shipment, BaseGene keeps a single copy of the gene for unexpected incidents and/or disputes. After 3 months, this copy of the gene will be destroyed permanently. BaseGene reserves the right to refuse handling disputes after period of 3 months.

27. Confidentiality

BaseGene and the customer agree that all confidential information including but not limited to project scope, contract terms, pricing information, product development technologies and processes, and business-related information shall not be disclosed to any third party and both parties receiving confidential shall only make internal use of the confidential information.

28. Usage

BaseGene products are used exclusively for scientific research purposes only. Materials will not be used for human or animal consumption.

29. Limited license agreement for human genepool full-length genes

Human genePool (TM) Clones are typically derived from cDNA library clones according to the most current GenBank update. Please note, subsequent GenBank updates may show some of these cDNA clones to contain a partial or deviant sequence(s), a non-coding sequence or other artifacts.
It is highly recommended that the customer carefully evaluates the ORF clone sequence prior to purchase. It is the customer’s responsibility to check whether the sequence associated with any particular clone meets his/her scientific requirement prior to purchase.
BaseGene makes no warranties, express or implied, that the manufacture, use, importation, or sale of the gene contained within any Human GENEPOOL (TM) clone will not infringe any third party intellectual property right.

30. Matching or beating competitor’s quotes

  • To qualify for a competitor quote match, an official quote from the competitor must be provided to BaseGene for evaluation purposes.
  • Note that the service(s) you are trying to match should be equivalent, so keep in mind the sequence verification, quantity of gene, whether a vector is included, etc. when requesting a quote match.
  • BaseGene can choose to match or beat competitor quotes on a case by case basis i.e each case will be evaluated independently and may or may not be approved for price matching or beating.
  • BaseGene is not obligated to match or beat a competitor quote and can therefore choose to opt-out if needed.
  • By placing orders through BaseGene, you have read and accepted upon all the terms and conditions listed by BaseGene.