Terms & Conditions of Sale

Lebrun Labs is a toxicology research and development company incorporated in the United States, with its principal place of business in California. We develop, manufacture, and commercialize nonanimal safety testing platforms including OptiSafe™, IVD EIT™ (Eye Irritation Test), and DermaSafe™, and provide contract research services through our wholly owned subsidiary In Chemico™.

This website is intended solely for use by individuals who are 18 years of age or older and only in jurisdictions where such use is permitted by applicable law. By accessing this site, you represent and warrant that you are at least 18 years of age and that your access and use of this website is lawful in your jurisdiction. If you do not meet these requirements, you must discontinue use of this site immediately.

You agree to use this website only for lawful purposes and in a manner consistent with all applicable laws and regulations. You may not reproduce, distribute, or republish any content from this site without prior written permission; use automated tools, scrapers, or bots to access or collect data; attempt to gain unauthorized access to any portion of this site or its underlying systems; use this site to transmit unsolicited communications or malicious code; or misrepresent your identity or affiliation when submitting inquiries or orders. Lebrun Labs reserves the right to suspend or terminate access to this site for any user who violates these Terms.

All quotations, proposals, purchase orders, and service engagements are governed exclusively by these Terms. Any conflicting or additional terms in a Buyer's purchase order or other documents are rejected unless expressly accepted by Lebrun Labs in writing. By placing an order or accepting delivery of products or services, Buyer accepts these Terms in full.

Acceptance and Safe Use

Buyer agrees to read and follow all product instructions, with specific attention to shelf life and safety requirements. Buyer agrees not to separate individual, unmarked components from labeled components bearing safety warnings, and to notify all individuals who come into contact with products of applicable hazards. Only qualified personnel with an understanding of safety risks may handle Seller's products. Testing products and standards may contain hazardous materials; Buyer agrees to safeguard and use all products in a safe and responsible manner consistent with applicable regulations.

Buyer agrees to keep all products out of reach of children and pets and never to consume or allow consumption of any product materials.

Testing Accuracy and Interpretation

No test is 100% accurate. Each test result must be interpreted within the limits of the method's validated accuracy; false negatives and false positives are possible. Each test type has a defined applicability domain and limitations and may have limited or no utility as a standalone test. Individual results are intended for use in a weight-of-evidence approach. Additional testing by complementary methods must be conducted to confirm any result, and interpretation must responsibly account for test accuracy, applicability domain, and results from complementary methods. Buyer accepts all products and services "as is" and expressly subject to these accuracy limitations, and agrees to use results in a manner consistent with a weight-of-evidence approach.

Cancellation

Buyer may cancel all or part of an order by written notice to Lebrun Labs, provided that Seller receives such notice at least thirty (30) days before scheduled shipment or testing. Upon timely cancellation, Buyer shall pay for any completed products and/or services (including profit thereon) and any direct or indirect costs incurred by Seller, including a restocking charge of 20% of the purchase order price. If written notice of cancellation is received within thirty (30) days of scheduled shipment or testing, Seller reserves the right to complete and ship the order and shall be entitled to the full purchase order price. Buyer is responsible for all return freight charges.

Resale Prohibited

All products are sold by Lebrun Labs for the exclusive use of the purchasing entity and are not to be resold without prior written authorization. If products or services are to be resold, the end user must be notified of these Terms as they relate to test accuracy and interpretation of results.

Sale to Competitors Restricted

Buyer represents that it does not intend to compete with Lebrun Labs or to reverse engineer, copy, or otherwise use products for any purpose other than their stated or expected use. If Buyer is a competitor or intends to compete, Buyer agrees to disclose that intention prior to purchase. Upon such disclosure, Seller and Buyer shall enter into a mutually acceptable licensing or other agreement before any sale is consummated.

Indemnification

Buyer agrees to indemnify, defend, and hold harmless Lebrun Labs and its directors, officers, shareholders, employees, representatives, consultants, and assigns (collectively, "Affiliates") from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys' fees) resulting from any claim, suit, action, or proceeding brought by any third party arising from or related to any breach of these Terms by Buyer. This indemnification obligation survives expiration or termination of any agreement between the parties. Seller shall not defend, indemnify, or assume any liability for claims arising from products manufactured or produced in whole or in part in accordance with Buyer's design or request; in such cases, Buyer shall defend and indemnify Seller.

Delivery and Title

Delivery dates are estimates only and subject to change. Lebrun Labs shall not be in default or liable for any expense, loss, or damage caused by delay due to causes beyond its reasonable control, including but not limited to labor disputes, floods, fire, transportation delays, inability to obtain materials, or equipment breakdown. Unless otherwise agreed, items are shipped F.O.B. Seller's location. Seller retains a lien and security interest in products until the purchase price is fully paid.

Prices for testing services and kits are subject to change without notice. Published pricing on this website is provided for informational purposes and is not a binding offer. Final pricing is confirmed in a written quote or purchase order acknowledgment. Unless otherwise agreed, all orders are subject to 100% prepayment. The invoiced amount shall not be subject to offsets for any claims by Buyer against Seller. Payment terms are net 30 days from invoice date unless otherwise agreed in writing. Lebrun Labs reserves the right to require prepayment for new customers or international orders. Prices do not include any federal, state, county, local, or other taxes, or costs of special packaging and insurance; these charges, when applicable, shall be paid by Buyer.

All content on this website, including text, graphics, logos, images, data, and software, is the property of Lebrun Labs or its licensors and is protected by U.S. and international intellectual property laws. The Lebrun Labs name, OptiSafe™, IVD EIT™, DermaSafe™, and In Chemico™ are trademarks of Lebrun Labs Nothing on this site grants any license to use our trademarks, patents, or proprietary methods without express written permission. Lebrun Labs holds five issued U.S. patents covering its core testing technologies. Unauthorized use, reproduction, or commercialization of patented methods is prohibited and may result in legal action.

Buyer acknowledges that as part of its relationship with Seller, Seller may disclose confidential or proprietary information, including but not limited to specifications, drawings, directional inserts, software, designs, reports, manuals, direction sheets, samples, models, process information, and business methods. Buyer agrees to keep all such information in strict confidence and shall not duplicate, disclose, or use it without the express written permission of Seller. These obligations do not apply to information that enters the public domain lawfully and without violation of this agreement, or which Buyer receives lawfully from a third party, or is developed by Buyer independently and without benefit of information received from Seller. Any proprietary formulations, test samples, or confidential business information submitted to Lebrun Labs for testing purposes will be treated as confidential and used solely for the purpose of performing the requested services.

Seller warrants to the original Buyer that new products will be free from defects in material and workmanship for a period within their expiration date or one (1) year, whichever is shorter. This limited warranty entitles Buyer to a refund of the purchase price or a repeat of the service in question. There shall be no other remedy. The warranty does not apply to defects attributed to accident, neglect, abuse, or misuse; improper or unauthorized maintenance, installation, storage, operation, or use; any alteration or repair by anyone other than Seller or its authorized representatives; or products past their expiration date. A Return Material Authorization (RMA) must be obtained from Seller prior to the return of any defective products. Buyer is responsible for all preparation, shipping, and insurance charges. Buyer will be invoiced for replacement parts at full value if defective products are not returned within forty-five (45) days of RMA issuance.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING LIMITED WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY LAW, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES. NO OTHER WARRANTY FROM SELLER TO BUYER IS EXPRESS OR IMPLIED.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEBRUN LABS DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TESTING RESULTS ARE PROVIDED BASED ON VALIDATED SCIENTIFIC METHODS; LEBRUN LABS MAKES NO GUARANTEE REGARDING REGULATORY ACCEPTANCE OF RESULTS IN ANY SPECIFIC JURISDICTION.

SELLER SHALL NOT BE LIABLE, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, COST OF MONEY, LOSS OF USE OF EQUIPMENT, CAPITAL OR REVENUE, OR FOR ANY ECONOMIC, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE LOSS OR DAMAGES WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER'S MAXIMUM LIABILITY, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

In the event the sale of products to Buyer is subject to the United Nations Convention on Contracts for the International Sale of Goods ("CISG"), the CISG will apply; however, these Terms and Conditions of Sale will prevail over any conflicting provisions of the CISG. In the event the CISG does not apply, the contract shall be construed under and governed by the laws of the State of California. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in California.

These Terms contain the complete, final, and only agreement between Buyer and Seller. Any prior or contemporaneous agreements, understandings, and representations, whether oral or written, are merged herein. These Terms shall not be varied, supplemented, qualified, or interpreted by any prior course of dealings between the parties or by custom or usage of trade. No modifications or additions to this agreement will be binding upon Seller unless in writing and signed by an authorized representative of Seller.

Lebrun Labs reserves the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of this website following any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

Questions regarding these Terms may be directed to: