Mushroom Culture Sale Agreement
1. Product Standard. Fungi Perfecti, LLC selected pure mushroom cultures are constantly screened and maintained to ensure vigorous and high yields. Mushroom quality is a reflection of the environment in which they are grown, and many of these selected cultures originate from the verdant wild woodlands of the Pacific Northwest. The book Growing Gourmet and Medicinal Mushrooms by Paul Stamets, founder of Fungi Perfecti, LLC—a comprehensive and inspirational source of information covering every aspect of mushroom cultivation—addresses many of your questions and concerns regarding the expansion of these cultures. Fungi Perfecti, LLC's pure mushroom cultures are grown and stored under tightly controlled laboratory conditions. Our laboratories achieve the category of Class 100 Clean Rooms: meaning they contain fewer than 100 airborne particles per cubic foot of air. Upon request, Fungi Perfecti, LLC can provide a Manufacturer's Declaration to suport the import of our products.
2. Mushroom Culture Use. Your mushroom culture will arrive in an insulated test tube slant labeled with Phytosanitary documentation. Culture(s) are packaged in a 125 mm x 20 mm test tube containing antibiotic malt extract agar ("MEA"). The attached mushroom culture is growing on the MEA. Upon receipt, place your culture(s) at room temperature (approximately 70° F, 21° C) for approximately 24 hours. After this recovery period, you should expand the culture(s) and make backups, then store your backups appropriately. After making your backups, you must conduct mini-trials from your culture(s) by growing out samples on suitable substrate. You are cautioned not to rely on the suitability or vigorousness of the strains until you have completed your mini-trials. Upon successful completion of mini-trials, you may grow out the cultures on suitable substrate. For questions about storage, backups, substrate compatibility, mini-trials or other practical aspects of working with this mycelial culture, you may contact a Fungi Perfecti, LLC Customer Service Representative or refer to Growing Gourmet and Medicinal Mushrooms. Additionally, we offer we offer intensive hands-on in vitro tissue culture workshops. Contact us for more details.
3. Terms of Sale. All mushroom cultures must be paid in full prior to shipping. Customers are responsible for all shipping, handling, duty and tariff charges. There may be restrictions on importation of live mushroom cultures to certain destinations, so check with your local customs agents. Mushroom culture prices and shipping options are updated at www.fungi.com. Please check for current pricing and availability, which may vary from time to time.
It is the responsibility of the foreign customer to research and fulfill the requirements for importation of live mushroom mycelium into his or her country. Fungi Perfecti, LLC shall bear no responsibility for the loss or damage of live cultures seized or detained because of improper or missing documentation. International orders returned to Fungi Perfecti, LLC, due to any circumstances, will not be refunded except at the sole discretion of Fungi Perfecti, LLC.
To assist Fungi Perfecti, LLC in its continuing research and with customer warranty or other questions about mushroom cultures, customer agrees to provide information about Fungi Perfecti, LLC's cultures when requested. The information you provide will allow us to improve our cultures and customer services.
4. Limited Warranty. Fungi Perfecti, LLC guarantees to our customer that the mushroom culture will be viable for one year. We will replace any culture stored and used according to this Mushroom Culture Sale Agreement if the mushroom culture does not demonstrate vitality and purity during the one-year period. If you wish to return your culture, please provide written explanation of the problem you are having and forward your culture together with shipping costs to us, and we will promptly replace your culture at no additional charge, subject only to availability. If your culture is no longer available, we will talk with you about providing a suitable replacement culture. Please remember to make backups, store them appropriately, and conduct mini-trials, before using your culture(s). These cultures are being provided as an educational service, and we make no guarantee as to their productivity, usefulness, fitness for a particular purpose or otherwise unless stated in this Agreement. Fungi Perfecti, LLC shall not be responsible for consequential damages or other damages except as specified, this is the sole and exclusive limited warranty provided by Fungi Perfect, LLC, and customer agrees that the limit of Fungi Perfecti, LLC's liability to customer shall be the purchase price.
5. Limitation of Use. Your Fungi Perfecti, LLC mushroom culture(s) is conditionally delivered subject to your agreement to comply with the following limitation of culture(s) use:
You may not sell, transfer, market or assign Fungi Perfecti, LLC's spawn or cultures—or any spawn or cultures subsequently derived therefrom—in any way, shape or form without our written consent.
You may not represent these cultures as being connected with Fungi Perfecti, LLC without our written consent.
You may only use these cultures for fresh and dried fruit body products, and for your personal use to grow spawn for fresh and dried fruit body products.
6. Mushroom Culture Species. Documentation included with your order will indicate which species you have purchased. Please verify the markings on each test tube slant. Remember, all the information you are likely to need concerning the use, propagation, and production of mushrooms from these cultures is in Growing Gourmet and Medicinal Mushrooms.