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Terms and Conditions of Sale - Corporate and Public Sector Customers

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. 

This Agreement contains the terms and conditions that apply to your purchase from the Phenomenex entity named on the invoice ("Phenomenex") that will be provided to you ("Customer") on orders for chromatography and/or electrophoresis columns/media, related products and/or services and support sold in the United States. By accepting delivery of the chromatography and/or electrophoresis columns/media, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH PHENOMENEX, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER PHENOMENEX STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Phenomenex's sole discretion. 

1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Phenomenex. 

2. Governing Law. THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 

3. Terms and Conditions of Sale. Terms are net 30 days from invoice date with approved credit. If your credit has not been established with Phenomenex, terms may be payment in advance or C.O.D. All shipments are F.O.B. factory. Items are shipped by a fast/standard method unless otherwise specified, with shipping charges and insurance prepaid and added as a separate charge on your invoice. A 1.5% per month service charge is added to delinquent accounts. In the event that it becomes necessary for Phenomenex to incur collection costs or institute a suit to collect any amount due and payable, the customer (Buyer) agrees to pay such additional collection costs, charges, and expenses, including attorney's fees if the account is placed in the hands of an attorney or an agency for collection. Prices are subject to change without notice. 

4. Conditions. The products offered on this Web site are for laboratory or manufacturing use only. They are not intended for medicinal or food use. Phenomenex assumes no responsibility if these products are used for medicinal or food purposes, or are misused in any way.

5. The information published on this Web site is, to the best of our knowledge, correct and accurate but is not guaranteed to be so. Phenomenex assumes no responsibility with respect thereto and has not verified the values or specifications stated experimentally and does not guarantee their accuracy. The sale of any product by Phenomenex does not waive any patent restrictions connected with those products.

6. Changes. Phenomenex reserves the right to change product specifications, quantities, designs or prices without notice and without liability for such changes.

7. Checking Your Order Status. If you need to check on the status of your order, simply provide the following information to your Technical Representative : Order or confirmation number (beginning with "E"), the part numbers you wish to check on, and the expected delivery date. If you do not have a confirmation number, your purchase order number, an approximate date of purchase and the billing or shipping name and address will allow us to locate your order. You may relay this information to us by phone, fax or E-mail for rapid response.

8. Changing Your Order. If you wish to change your order, simply provide the following information to your Technical Representative : Order or confirmation number (beginning with "E"), along with the information to be changed, i.e., quantity and part numbers you wish to add and/or delete, billing or shipping address, purchase order, etc. If you do not have a confirmation order, your purchase order number, an approximate date of purchase and the billing or shipping name and address will allow us to locate your order. If items ordered have been manufactured or are already in transit, changes will be regarded as an "Order Cancellation". 

9. Order Cancellation. Cancellation of orders is subject to approval by Phenomenex. A minimum of 20% restocking/service charge will be applied.

10. Damage Claims. Should you receive damaged goods, it is imperative that you save all packing materials for inspection by the carrier. Once the goods are turned over to the carrier by us, they become your responsibility. While we will assist you, all claims should be reported to the carrier immediately. This is essential. Failure to do so makes you, the customer, liable for payments of those goods should damage claims be rejected by the carrier. All claims must be made within 7 days of receipt of goods. 

11. Returns. No returns will be accepted without prior authorization, and are subject to approval by Phenomenex. If, for any reason, it is necessary to return goods to us, please contact your Technical Representative  for forwarding instructions. This procedure will prevent delays and enable us to resolve the situation to your satisfaction. Phenomenex is not liable for goods returned without authorization. Returns must be sent through a traceable carrier. 

12. Duplication of Orders. Goods ordered in error or duplicated because mailed-in order is not clearly marked "CONFIRMING" will be subject to a 20% restocking charge, if approved by Phenomenex. 

13. Not for Clinical Use. Phenomenex products are not intended for clinical use. While clinical applications may be shown, these products are not tested for clinical applications. 

14. Warranty. Phenomenex products are warranted to meet the stated performance and quality and to be free of defects in material and workmanship. They are not warranted, nor does Phenomenex assume liability, if misused. No other warranty or representation is implied or expressed by Phenomenex for its products with respect to merchantability, fitness for a particular purpose or any other matter. Phenomenex shall not, under any circumstances, be liable for any incidental, consequential or compensatory damage arising from the use of, or in conjunction with, its products. The maximum liability which can be assumed by Phenomenex for breach of warranty shall be the invoice price of the product. 

15. Specific Warranties on HPLC Columns. Specific Warranties on HPLC Columns Phenomenex warrants its quality columns in accordance with the following terms and conditions. Phenomenex will repack, replace, or refund charges on any column (at our discretion), at no cost if a column fails to perform satisfactorily. Columns being returned must have prior return authorization granted by Phenomenex. Defective products must be accompanied by a written explanation of failure. Approval is subject to the following exclusions: 

    • All columns must be tested upon receipt and all deficiencies must be reported to Phenomenex no later than 15 days after the date of receipt of the column. 

    • Maximum warranty period is limited to 90 days on HPLC columns unless previously agreed upon. However, COLUMNS MAY NOT BE RETURNED FOR REFUND OR CREDIT AFTER 30 DAYS OR WITHOUT PRIOR AUTHORIZATION. 

    • Removal of column end-fittings automatically voids column warranty. 

    • Column performance warranty is limited to the conditions of the original test chromatogram. 

    • Physical damage to the column due to misuse, abuse, or mishap, including mechanical shock. 

    • Chemical damage to the packing material due to operation at incorrect chemical conditions, temperatures, or pressures. 

    • Failure due to high backpressures caused by improper solvent or sample filtration practices causing particulate build-up or precipitation or sample fouling in the column or end-fitting. 

    • Incorrect selection of packing material made by customer for their particular use or incompatibility of equipment, etc. 

    • For products supplied by, but not manufactured by Phenomenex, the warranty is limited by the terms of the original manufacturer's warranty. 

16. Cost Saving Volume Discounts. Phenomenex believes in rewarding its regular customers with discount pricing. We have devised the Phenomenex Frequent Buyer Program to help our regular customers get the most for their money. Discounts from list prices are based on total yearly purchase volumes. For information about our Frequent Buyer plan, please contact a customer service representative. 

17. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own end use only, and not for resale.

18. Service and Support. Phenomenex endeavors to provide the best customer and technical telephone support in the chromatography and separation science industry. For end-user Customers, Phenomenex promises that its support people will attempt to handle over the telephone any problem involving Phenomenex products. However, Phenomenex's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Phenomenex has no obligation to provide service or support until Phenomenex has received full payment for the product or service/support contract for which service or support is requested. Phenomenex will provide service and support to Customer in the United States in accordance with the terms and conditions of the services and support policies and conditions in effect on the date purchased. 

19. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefore.