- +1 858 909 0079
- +1 858 909 0057
- [email protected]
- +1 858 909 0079
- [email protected]
Terms and Conditions
This Agreement is made between Bioclone Inc (“Seller”) and any other party (“buyer” or “purchaser”). Unless otherwise agreed in writing, these conditions shall be the only ones applying to any contract for the supply of products and services by us to the Customer. No substitution for these Terms and Conditions shall be binding on the Seller. The Agreement between us was formed when we accepted your order. Your purchase of products is subject to the following terms and conditions unless otherwise expressly agreed in writing:
1. Product Warranty
This Agreement is made between Bioclone Inc (“Seller”) and any other party (“buyer” or “purchaser”). Unless otherwise agreed in writing, these conditions shall be the only ones applying to any contract for the supply of products and services by us to the Customer. No substitution for these Terms and Conditions shall be binding on the Seller. The Agreement between us was formed when we accepted your order. Your purchase of products is subject to the following terms and conditions unless otherwise expressly agreed in writing:
2. Price
Determining Price. All prices are in U.S. Dollars and do not include insurance, shipping, and handling charges. Seller reserve the right to change our prices at any time and without notice. Unless otherwise stated in writing, the prices we quote you are valid for 30 days. If no price has been specified or quoted to you, the price will be the product price
on our website that is in effect when we accept your order.
Taxes and Fees. Our product prices do not include any applicable taxes (including VAT), duties, levies, or other government fees. If they apply, you will be responsible for paying them. If we pay them, we will credit your account. You must provide a valid, signed certificate or letter of exemption for each jurisdiction if you claim an exemption.
Delivery Fees; Freight Policy. Buyers are also responsible for standard delivery and handling charges, which are not included in our product prices unless expressly stated. If we pay such fees, we will include them in your bill.
3. Cancellation and Changes
Buyers cannot cancel or change their order once it has been placed without our written consent. The seller reserve the right to charge for any additional costs resulting from such alterations and for any expense incurred before cancellation and for especially adapting products to the Buyer’s requirements
4. Payment
Payment Terms. When we ship you the products, we will bill you for the product price and any additional charges. Unless we have agreed otherwise in writing, you will pay us within 30 days of receipt of the invoice. Each order is a separate transaction, and you may not offset payments from one order against another. We reserve the right to require full or partial payment in advance or to provide other satisfactory security if we believe in good faith that your financial situation does not justify the payment terms otherwise specified. You will make all payments in the currency specified in our invoice. Payments can be made via ACH or another electronic interface that directly transfers funds between your bank account and ours, checks mailed to our remittance address, or credit card at the time of purchase. We do not accept credit card payments made after your purchase.
Late payment. If you are late in making a payment, you will pay us a late-payment charge upon our demand without affecting our other rights. The late payment charge will be calculated as 1.5% per month interest on the sums due from the payment due date until you make full payment, or the maximum amount allowed by law, plus our reasonable collection costs (including collection agency fees and attorneys’ fees). We also reserve the right to cancel or suspend delivery of products in transit and withhold shipments in whole or in part if you do not pay us when due or otherwise fail to perform your obligations under this Agreement.
5. Delivery
We will ship products to the address you specify in your order, FCA Incoterms 2010. By agreeing to these Terms, you (i) consent to us arranging carriage on your behalf for all products supplied hereunder; and (ii) waive your right to arrange carriage or to provide us with any specific carriage instructions. We may make partial shipments and invoice each shipment separately at our discretion. Our shipping dates are only estimates, and we will not be liable for any loss or damage caused by a delay in delivery. You may not refuse delivery or be released from any obligations due to the delay. If we cannot deliver a product to you due to circumstances beyond your control, we will store the products at your risk and expense.
6. Returns and Shortages
Returns. All product returns must be pre-approved by Customer Service. Customer Services will accept the return of any product that is damaged or defective upon receipt if you contact them within five days of receiving the product and if the damage or defect was not caused by your or the carrier’s failure to handle or store the product with reasonable care or as otherwise indicated on the label. If you do not contact us within five days, we will consider the product to have been accepted, but you will retain your warranty rights.
Product-Credit Eligibility. If we authorize a return, the product must arrive in a resaleable condition at our facilities. Any return not due to our error will be subject to a 25% restocking fee. We do not credit shipping charges. You will not receive credit for any product returned without our prior approval
7. Technical Assistance
At Buyer’s request, the Seller may provide technical assistance and information about the Seller’s products at its sole discretion. Seller makes no express or implied warranties of any kind with regard to technical assistance or information provided by Seller or Seller’s personnel. Any recommendations made by Seller regarding the products’ use, selection, application, or suitability are not to be interpreted as an implied or express warranty.
8. Intellectual property rights – Selling on the Products
Bioclone, as well as all distinguishing signs and names on the Products, are registered trademarks, the use of which is not granted to the Customer hereunder. These agreements do not imply that Bioclone will grant the Customer any patent or other industrial property rights. The Customer must follow all applicable regulations and/or directives when using the Goods.
9. Submissions of Information
Any communications or materials you submit to our site by electronic mail or other means will be treated as non-confidential and non-proprietary information. Bioclone Inc. reserves the right to use such communications or materials for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting.
10. Governing Law
These Terms and Conditions will be construed and enforced in accordance with California law, without regard to conflict of law principles. Solely to the extent that the arbitration provisions in Section 12 are found to be unenforceable, or the parties otherwise agree, the exclusive jurisdiction of, and venue for, any dispute arising from these Terms & Conditions shall be in the state and federal courts of San Diego County, California, and Buyer hereby expressly and irrevocably consents to, and waives any objections to, such jurisdiction and venue, including any claim that the arbitration provisions in Section 12 are unenforceable.