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Terms and Conditions
Delivery
US orders placed to FenicsBIO by 3 pm Eastern Standard Time will be shipped the same day provided the items are in stock. FenicsBIO reserves the right to choose the carrier. Title and risk of loss in all products shall pass to customer upon FenicsBIO's delivery of such Products to the carrier. Delivery term should be FOB, shipping and handling cost will be added to the invoice. Products may be shipped in a single shipment or in installments. Shipment in installments will be invoiced separately and paid for when due, regardless of the subsequent deliveries. FenicsBIO shall not be liable for any direct or indirect costs or damages incurred by customer or any third party, including, without limitation, incidental or consequential damages, resulting from late deliveries.
Cancellation
Customer may not cancel or modify an order without the prior written consent of FenicsBIO, and any changes may be subject to price adjustment and/or cancellation fees. Custom products are not cancellable. In the event FenicsBIO consents to the cancellation of custom products, customer shall reimburse FenicsBIO for any and all goods or services that were procured by FenicsBIO for the custom products, any works-in-progress for custom products, and any charges incurred by FenicsBIO for the receipt or return of goods used to build custom product. No alteration or cancellation can be made once shipment of products has been made by FenicsBIO.
Return
Upon receipt of product, customer shall notify FenicsBIO's Customer Service Department of any shortage or damage within 72 hours of receipt. All product returns must be authorized by FenicsBIO, and FenicsBIO reserves the right to reject any returns requested more than thirty (30) days after the delivery date. Custom products and temperature sensitive products are not returnable. A restocking fee of 15% will be charged on authorized returns that are not due to FenicsBIO's error. Customer is responsible for all transportation fees related to returned product unless otherwise authorized in advance by FenicsBIO. Products authorized for return must arrive at FenicsBIO's facilities in a satisfactory condition for resale unless the damage or defect was caused by FenicsBIO. Shipping charges will not be refunded.
Product Warranties
FenicsBIO warrants all products meet the specifications as provided on our website and literature accompanying the products for the stated shelf life of the product. For custom products, FenicsBIO warrants that the custom product conforms to the specifications set forth in the Certificate of Analysis accompanying the shipment of such custom product for the shelf life stated therein. If we manufacture custom goods based on instructions, specifications, or directions customer provides to us, we shall not be liable for the lack of sufficiency, fitness for purpose or quality of the goods to the extent attributable to such instructions, specifications, or directions. Our warranty will not be effective if we determine that the products were not used or stored in accordance with our instructions, or if the defects to the products result from neglect or accident caused by customer. For timely and valid warranty claims, FenicsBIO, at its sole discretion and expense, will replace the non-conforming product or provide a credit or refund.
Product Use and Restrictions
Unless otherwise expressly stated on the products or in the documentation accompanying the products, all the products are intended for research only and are not to be used for any other purpose, including, without limitation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of consumption by or application to humans or animals, and FenicsBIO does not assume any warranty or liability for such uses unless stated on the product or in the product documentation.
It is solely your responsibility to make sure the products are suitable for your particular use and to conduct any research necessary to learn the hazards involved. You also have responsibility of instructing and warning your employees and all other persons who may come into contact with the products regarding such hazards. You agree to comply with instructions for use of the products furnished by us, if any, and not to misuse the products. You acknowledge that we provide material Safety Data Sheets (SDSs) for our products, and that they are available electronically on our web site at www.FenicsBIO.com.
You may not perform compositional, structural, functional or other analysis of our products, or undertake deconvolution or reverse engineering with respect to our products.
Limited Rights
Except as otherwise agreed to by FenicsBIO in writing, your purchase of the products only conveys you a limited, non-transferable right to use the products purchased for your internal research purposes only, no right to transfer, resell, or modify our products for resale to any third party. Unless otherwise expressly agreed in writing by FenicsBIO, we provide no rights to use our products in commercial applications of any kind, including, without limitation, manufacturing, quality control or to perform fee-for-services. It is solely your responsibility to determine whether you may be required to obtain any additional or third party intellectual property rights depending upon the particular application in which you use the product. If you need commercial use rights to our products (including the right to perform fee-for-services), please contact FenicsBIO at info@FenicsBIO.com.
Export Control
You acknowledge that products received from us are subject to U.S. export control laws and regulations. You represent and warrant to us that you will not, directly or indirectly, (a) sell, export, reexport, transfer, divert, or otherwise dispose of any products received from us to any destination, entity, or person prohibited by the laws or regulations of the U.S., or (b) use the product for any use prohibited by the laws or regulations of the U.S. and/or your local jurisdiction, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
Limitations of Liability
FenicsBIO shall not be liable for any indirect, special, incidental, punitive, multiple, exemplary or consequential damages (including but not limited to costs of cover, loss of profits, revenue, data, business, goodwill) that might incur under the contract, or that may arise from or in connection with our products or services, even if FenicsBIO has been advised of the possibility thereof. This exclusion applies to any liability that may arise out of third-party claims against buyer. The total maximum liability of FenicsBIO, if any, for damages relating to the contract, or any product or service, shall not exceed the amount paid by customer for such products or services.
Prices and Taxes
All quoted prices are valid for the period stated in the Quote. All other prices are as set forth on the relevant FenicsBIO website and are subject to change with or without notification. Prices are exclusive of: i) any duties, levies, or other governmental fees which may apply; and ii) value added tax, any similar sales tax or any tax that replaces such sales taxes. Any such tax or duty payable in relation to products will be added to the invoice and paid by customer. If you are tax-exempt, please contact FenicsBIO at order@FenicsBIO.com and send us a tax-exempt certificate copy. Customer is also responsible for standard delivery and handling charges which will be added to the invoice and paid by customer.
Payment Terms
Terms of payment are net thirty days from the date of invoice. Credit card must be authorized prior to shipment of product. Payments are to be made in US dollars. Delinquent accounts will be subject to interest charge on past due amounts of 1.5% per month, plus Taxes, reasonable attorneys’ fees, and other collections costs, if any, incurred by FenicBIO. FenicBIO reserves the right to impose more stringent payment requirements (including, without limitation, payment in advance) on customer if customer’s account is overdue or if customer has an unsatisfactory credit or payment record, as determined by FenicsBIO in its sole discretion, and to refuse to sell to customer or otherwise perform hereunder until all overdue amounts are paid in full.
Disclaimer
The materials provided at this site are provided "as is". FenicsBIO does not warrant the accuracy, currency, and completeness of the materials at this Site. FenicsBIO may make changes to the materials at this site at any time without notice. The materials at this site may be out of date, and FenicsBIO makes no commitment to update the materials at this site. This website may contain links to other sites as a convenience. The linked sites are outside the control of the FenicsBIO and FenicsBIO is not responsible for the contents of any linked sites, and the inclusion of any links does not imply endorsement by FenicsBIO. This website may also mention the third party’s products or trademarks which are properties of their respective owners.
Copyright
All contents on FenicsBIO’s website, including all text, images and database is copyright of FenicsBIO Corp.
Privacy Policy
Use of the site is subject to FenicsBIO’s Privacy Policy. Your use of the site constitutes your confirmation that you have read and accepted the Privacy Policy. FenicsBIO Corp. is committed to protect your privacy. We use appropriate security measures to protect the information we gather about you when you set up an account on FenicsBIO.com site. Your credit card information was processed via a service from a secured third party at the time of your ordering and we do not store your credit card information. We will never share, sell, or rent your information with anyone for their promotional use. Information submitted to us is only used for the purposes of servicing and contacting you to provide you with our products or services.