FairJourney Biologics: FJ BIOLOGICS is a company headquartered in Rua do Campo Alegre, 823, 4150-180, Porto
(Portugal) VAT number 510183026 and its affiliated companies (hereinafter referred to as the “FJ BIOLOGICS”).
Under its new brand: Flow Eighteen38, FJ BIOLOGICS offers a high-spec cold storage and logistics service
Client: any person, persons or organisation receiving cold storage and logistics services from FJ BIOLOGICS
Client Material: any material sent to FJ BIOLOGICS for storage or logistics by or on behalf of the Client
Service Exclusions
FJ BIOLOGICS does not accept any material classified as Biological Safety Level (BSL) 2 or above
Storage
Quantity units defined as 1 (one) 135mm x 135mm x 45mm (width, length, height) storage slot, as stored
Storage period begins on the day materials are received by FJ BIOLOGICS’ Cold Storage and Logistics Team
Extensions of storage period are available upon request and pending approval by FJ BIOLOGICS
Storage can be terminated before end of storage period provided that the Client submits written notice
At termination of storage, the Client must inform FJ BIOLOGICS whether materials are to be disposed of or shipped
to an onward location no less than 2 (two) weeks in advance of termination date
All rights to storage end with termination or end of storage period. Early termination of storage does not entail a
refund or future storage rights, storage is offered in continuous half-year increments
Shipping & Logistics
Unless otherwise agreed, shipping to FJ BIOLOGICS is the sole responsibility of the Client. The Client Material must
be delivered to FJ BIOLOGICS in good condition, and in a well-packaged condition
Client Material must be delivered to FJ BIOLOGICS from: 09:00 to 18:00 (Porto, Portugal time)
The Client must notify FJ BIOLOGICS of upcoming deliveries to FJ BIOLOGICS before Client Materials are dispatched
to FJ BIOLOGICS and a date must be agreed by the Parties. The Client must provide FJ BIOLOGICS with all relevant
details including but not limited to: Courier company, tracking #s and a copy of relevant shipping documentation
The Client must provide FJ BIOLOGICS with all required information for shipping of material from FJ BIOLOGICS to
another location at least 3 (three) working days in advance of the intended shipping date
Where delivery to or from FJ BIOLOGICS fails, unless in the case that failure to deliver is the exclusive consequence
of gross negligence, willful misconduct and/or breach of warranty by FJ BIOLOGICS, the Client is responsible for any
costs incurred from missed delivery including but not limited to cost of redelivery, even if the failure to deliver is not
the fault of the Client
Warranties
FJ BIOLOGICS warrants and represents that, in performing these services:
It shall comply with all applicable laws and regulations
It shall use all its commercially reasonable efforts to carry out the services
It shall handle, store and where applicable dispose of the Client Material with the highest degree of care;
proper procedures are in place and shall be observed in order to ensure such proper handling of the Client
Material; Client Material shall be made available only to officers, employees or agents of FJ BIOLOGICS
which are adequately trained in such procedures; this provision requires that the Client properly notify FJ
BIOLOGICS of all such dangers and special care requirements in writing
The Client warrants and represents that, in approving and returning a signed Quote for these services:
It will classify any material submitted in accordance with all relevant and applicable regulatory standards,
and disclosures and notify FJ BIOLOGICS in writing
It will provide FJ BIOLOGICS with all other relevant information in writing regarding the material submitted
for storage, including but not limited to biological hazard risks, handling and or storage requirements,
pathogenic class, and GMO classification. All such information being complete and accurate to the best of
the Client’s knowledge and belief at the time in which it is provided, the Client will inform FJ BIOLOGICS of
any changes to this information as and when the Client becomes aware of them
The Client acknowledges that the appropriate commercial value and or the cost of replacement of the
Client Material is known solely by the Client, and as a result it will seek insurance for the Client Material at
its own expense and discretion without the expectation of liability of FJ BIOLOGICS for any losses or
damages incurred in the provision of these services
Each Party agrees to indemnify the other Party and its shareholders, directors, employees, and agents and assigns
against, and to hold the same harmless from, any action, claim or liability arising out of the performance by the first
mentioned Party of its obligations under this Agreement or arising out of the exercise by the first mentioned Party
of any of its rights under this Agreement. This Article shall not apply in case of gross negligence, wilful misconduct
and/or breach of warranty by the other Party, in which case the other Party shall indemnify the first mentioned
Party and its shareholders, directors, employees, agents and assigns, and shall hold the same harmless from, any
action, claim or liability arising therefrom
Liability
The liability of FJ BIOLOGICS for damages to the Client is in any case limited to direct damages up to a maximum of
one hundred percent (100%) of the price of services rendered
FJ BIOLOGICS is not liable towards the Client for damages caused to the Client Material in the form of, including but
not limited to, loss of function or other properties leading to poor reproducibility, resulting from the natural
degradation of the Client Material including due to the passage of time
FJ BIOLOGICS is not liable towards the Client for damages caused to the Client Material resulting from misleading,
incorrect or incomplete information about the Client Material, defects of the Client Material or its packaging,
delivery in poor condition, or damages resulting from the storage temperatures and conditions agreed
The Client is liable towards FJ BIOLOGICS and/or third parties for damage resulting from any misleading or
incomplete information about the Client Material or from defects of the Client Material or its packaging and
delivery. FJ BIOLOGICS is not liable towards the Client and/or third parties for such damages
FJ BIOLOGICS shall in no case be liable for any indirect, incidental, or consequential damages
Without prejudice to the above, the Client will indemnify FJ BIOLOGICS against claims from third parties, or
indemnify FJ BIOLOGICS for damage paid or owed by third parties or paid or owed to third parties, including but not
limited to subordinates of FJ BIOLOGICS and the Client who and that are related with the nature or condition of the
stored goods