Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "user," or "customer") and Surge Scientific LLC, doing business as Surge Scientific ("Company," "we," "us," or "our"), located at 2401 Fountain View Drive, Ste 464-1430, Houston, TX 77057, United States. By accessing or using our website, products, or services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

2. Scope of Services

Surge Scientific provides laboratory equipment, consumables, reagents, and related scientific products. All Services, product offerings, specifications, and availability are subject to change, modification, or discontinuation without prior notice. We reserve the right to refuse service, limit quantities, or restrict access to any user or geographic region at our sole discretion.

3. Eligibility and User Responsibilities

You must be at least eighteen (18) years of age and legally capable of entering into a binding agreement. You agree to provide accurate, complete, and current information and to update such information as necessary. You are responsible for maintaining the confidentiality of any account credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized access or use of your account.

4. Orders, Pricing, and Payment

All prices are listed in U.S. dollars unless otherwise stated and are subject to change without notice. Prices do not include applicable taxes, duties, customs fees, or shipping charges, which will be added at checkout or invoiced separately where required. We reserve the right to correct pricing or product errors and to cancel orders arising from such errors, even after an order has been confirmed.

By placing an order, you authorize us to charge your selected payment method for all applicable fees, taxes, and shipping costs. All orders are subject to acceptance by Surge Scientific. We may refuse, limit, or cancel any order suspected of fraud, misuse, or violation of these Terms.

5. Shipping, Delivery, and Risk of Loss

Shipping timelines are estimates and are not guaranteed. Surge Scientific is not responsible for delays caused by carriers, customs, weather, or other external factors beyond our reasonable control. Unless otherwise agreed in writing, risk of loss and title to products transfer to you upon delivery to the carrier (FOB Origin). You are responsible for ensuring accurate shipping details, providing access for delivery, and inspecting goods promptly upon receipt.

Claims for damage, shortage, or non-conforming products must be reported to Surge Scientific within seven (7) days of delivery, accompanied by supporting documentation and photographs where applicable.

6. Returns, Refunds, and Cancellations

Returns may be accepted at our sole discretion and must generally be requested within thirty (30) days of delivery. Products must be unused, properly stored, and returned in their original packaging. A Return Merchandise Authorization (RMA) is required prior to any return shipment; returns received without an RMA may be refused or subject to additional fees.

The following items are generally non-returnable:

• Sterile, opened, or used products
• Temperature-sensitive materials, including reagents and chemicals requiring cold-chain storage
• Hazardous, flammable, or controlled substances
• Custom-manufactured, special-order, or made-to-order items
• Products purchased more than thirty (30) days prior to the return request

Approved refunds are typically issued to the original payment method within a reasonable processing period. A restocking fee may apply at our discretion.

7. Scientific Use and Regulatory Compliance

All products are intended solely for laboratory, research, industrial, or professional use by qualified individuals with appropriate training. Unless explicitly stated, products are not intended for human or animal consumption, clinical diagnostic use, in vivo applications, or therapeutic purposes.

You are solely responsible for ensuring compliance with all applicable federal, state, local, and international laws and regulations governing your purchase, use, storage, transport, and disposal of products, including, where applicable, those enforced by the U.S. Food and Drug Administration (FDA), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Drug Enforcement Administration (DEA), and Department of Transportation (DOT).

8. FDA and Regulatory Disclaimer

Unless explicitly stated otherwise, products sold by Surge Scientific have not been evaluated or approved by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Product descriptions, specifications, and informational content are provided for general reference only and do not constitute medical, regulatory, scientific, or safety advice. It is your responsibility to determine the regulatory requirements applicable to your specific use case.

9. Hazardous Materials and Safety

Certain products may be hazardous, flammable, corrosive, toxic, biohazardous, or otherwise dangerous. By purchasing such products, you represent and warrant that you possess the necessary expertise, training, equipment, and facilities to safely receive, handle, store, use, and dispose of them in accordance with applicable laws and best laboratory practices.

You agree to review and comply with all Safety Data Sheets (SDS), product labels, manufacturer instructions, and applicable safety standards. Surge Scientific shall not be liable for any injury, damage, loss, or regulatory violation arising from misuse, improper handling, inadequate training, or non-compliance with safety requirements.

10. Export Controls and International Sales

Products sold by Surge Scientific may be subject to U.S. export control laws, including the Export Administration Regulations (EAR) and, in some cases, the International Traffic in Arms Regulations (ITAR), as well as economic sanctions administered by the U.S. Office of Foreign Assets Control (OFAC). You agree not to export, re-export, transfer, or divert any product, directly or indirectly, to any country, entity, or end-user prohibited under U.S. law.

You represent and warrant that you are not located in, under the control of, or a national or resident of any sanctioned country, and that you are not on any U.S. government list of prohibited or restricted parties. You are responsible for obtaining any required export licenses or permits for international shipments.

11. B2B Resale and Distribution

Resale or distribution of Surge Scientific products is permitted only with prior written authorization. Authorized resellers must comply with all applicable laws and may not repackage, relabel, modify, alter, or misrepresent products in any way. Products restricted to qualified professional users may only be sold to such users where required by law.

Surge Scientific reserves the right to restrict or revoke reseller authorization, impose distribution conditions, set minimum advertised pricing, and limit authorized sales channels or geographic territories at its sole discretion.

12. Warranty Disclaimer — Instruments

Laboratory instruments and equipment are covered solely by the applicable manufacturer's warranty, if any. Surge Scientific does not provide independent warranties for such products and expressly disclaims all warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

You are responsible for proper installation, calibration, operation, and routine maintenance of all instruments. Warranty claims must follow the manufacturer's procedures and timelines unless otherwise stated in writing by Surge Scientific.

13. Warranty Disclaimer — Consumables

Consumables, reagents, chemicals, and laboratory supplies are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. Due to the variable nature of scientific applications, product performance may differ based on handling, storage conditions, technique, and experimental parameters. You are solely responsible for validating product suitability and performance for your intended application prior to use.

14. Limitation of Liability

To the fullest extent permitted by law, Surge Scientific, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, research results, business opportunities, or goodwill, arising out of or in connection with the Services or any product, whether based in contract, tort, strict liability, or any other legal theory, even if advised of the possibility of such damages.

In no event shall our total aggregate liability arising out of or relating to these Terms or any product exceed the amount actually paid by you for the specific product or service giving rise to the claim. Your sole and exclusive remedy shall be limited to replacement or refund of the affected product, at our discretion.

15. Indemnification

You agree to defend, indemnify, and hold harmless Surge Scientific, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services or products; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party right, including intellectual property, privacy, or contractual rights.

16. Intellectual Property Rights

All content, materials, software, designs, trademarks, logos, product images, descriptions, and other intellectual property on our website and in our materials are owned by or licensed to Surge Scientific and are protected under U.S. and international intellectual property laws. You may not reproduce, distribute, modify, publicly display, or create derivative works from any such content without our prior written consent. Unauthorized use is strictly prohibited and may result in legal action.

17. Prohibited Activities

You agree not to use the Services to:

• Engage in any unlawful, fraudulent, deceptive, or harmful activity
• Violate any applicable federal, state, local, or international law or regulation
• Interfere with, disrupt, or compromise the security or integrity of our systems
• Attempt to gain unauthorized access to any account, system, or data
• Use automated tools (bots, scrapers, crawlers) to access the Services without permission
• Misrepresent your identity, affiliation, or qualifications
• Resell or redistribute products in violation of these Terms

We reserve the right to suspend or terminate access for any violation.

18. Privacy and Communications

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. By using our Services, you consent to receive communications from us electronically, including transactional emails, order updates, and other notices. You may opt out of marketing communications at any time via the unsubscribe link or by contacting us. For privacy inquiries, please contact Info@surgescientific.com.

19. Termination

We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, if we believe in good faith that you have violated these Terms, applicable laws, or that your actions may harm our business, our customers, or other users. Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination — including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law — shall survive.

20. Force Majeure

Surge Scientific shall not be liable for any failure or delay in performance arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, war, terrorism, civil unrest, government actions, embargoes, labor disputes, supply chain disruptions, carrier delays, or interruptions in utilities, internet, or third-party services.

21. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiation between the parties. If unresolved, such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and you consent to personal jurisdiction and venue therein.

22. Modifications to Terms

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. The most current version will always be posted on our website with an updated "Last Updated" date. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

23. General Provisions

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Surge Scientific regarding the Services and supersede any prior agreements or understandings. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms without restriction.

24. Contact Information

For questions, concerns, or notices regarding these Terms, please contact:

• Company: Surge Scientific LLC
• Address: 2401 Fountain View Drive, Ste 464-1430, Houston, TX 77057, United States
• Email: Info@surgescientific.com