Mushroom Spawn Sale Agreement
1. Product Standard. Fungi Perfecti, LLC selected pure mushroom spawn is 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. Paul Stamets, founder of Fungi Perfecti, LLC is the author of Growing Gourmet and Medicinal Mushrooms—a comprehensive and inspirational source of information covering every aspect of mushroom cultivation—addresses many of your questions and concerns regarding the expansion of this spawn. Fungi Perfecti, LLC's pure mushroom spawn is 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 Spawn Use. Your ready to inoculate pure mushroom spawn will arrive either in a 1-gallon grain jar or an eight-pound grain bag (weights are approximate), both with microporus filters for sufficient gas exchange. Upon receipt, place your spawn at room temperature (approx. 70° F, 21° C) for approximately 24 hours. After this recovery period, you can utilize the pure mushroom spawn for production or experimental trials. After the resting period we insist you conduct mini-trials from your spawn 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 spawn on suitable substrate. For questions about storage, substrate compatibility, mini-trials or other practical aspects of working with this mycelial spawn, you may contact a Fungi Perfecti, LLC Customer Service Representative or refer to Growing Gourmet and Medicinal Mushrooms by Paul Stamets (Ten Speed Press, Berkley). Additionally, we offer intensive hands-on in vitro tissue culture workshops. Contact us for more details.
3. Terms of Sale. All mushroom spawn 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. FP's ready to inoculate pure mushroom spawn 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/ spawn, 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 upon receiving. We will replace any spawn stored and used according to this Mushroom Spawn Sale Agreement if the mushroom culture does not demonstrate vitality and purity during the expansion stage. If you wish to request replacement spawn, please provide a written explanation of the problem/s you are having and forward your inquiry to either our mailing address or our email, firstname.lastname@example.org. We will promptly replace your spawn 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 species. This spawn is 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 ready to inoculate mushroom spawn 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 Spawn Species. Documentation included with your order will indicate which species you have purchased. A checkmark indicates 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 this spawn is in Growing Gourmet and Medicinal Mushrooms.