Terms & Conditions

 

Pricing and Payment Terms

 

Payment terms are T/T in advance for the first order and more flexible policy thereafter. With the increase of the credit of you, customer’s account, we shall accept more favorable terms of payment according to specific order. If you place an order and fail to fulfill the terms of payment, Healthgen may without prejudice to any other lawful remedy defer further shipments and/or cancel any order. You shall be liable to Healthgen for all costs and fees, including attorneys’ fees, which Healthgen may reasonably incur in any actions to collect on your overdue account. Healthgen does not agree to, and is not bound by, any other terms or conditions such as terms in a purchase order that have not been expressly agreed to in writing signed by a duly authorized officer of Healthgen. Quantity discounts is available. Please ask your customer service or sales representative for details. Certain exclusions may apply.

 

Shipping

Shipping and handling costs are prepaid and added to the invoice. Shipping and handling costs will be charged shipment by shipment respectively. Healthgen reserves the right to select the packaging and shipping method for your order, which will ensure the stability of the product and also efficient tracing. The indicated date is an estimate only, and Healthgen shall not be liable for a delay in shipping. Any damage during shipment is covered by the warranty provided in these terms and conditions. For all orders, the risk of loss of the goods passes when the goods are placed with the shipper.

 

Order Confirmation and Duplication

Written confirmation of a telephone, fax, e-mail or internet order is required. However, if confirmation of an order is sent, it should be prominently marked “CONFIRMING ORDER, DO NOT DUPLICATE”. Duplicate shipments due to incorrectly marked confirming orders will be subject to a returned products charge of 20% of the purchase price of the product(s) returned (“Returned Products Charge”) plus shipping charges. We do not issue full credits for returned products since our products are perishable and we cannot be assured of the quality of returned products.

 

Resale Prohibited

In the absence of an express written agreement to the contrary, all products are sold by Healthgen for the exclusive use of the purchaser and are not to be resold.

 

Claims and Returns

Any claim for credit or return goods request must be made within ten (10) days of receipt. A return authorization (“Return Authorization”) must be obtained from Healthgen’ Customer Service for all returns. Healthgen will not accept, and no credit will be issued, without a Return Authorization.
Upon receipt of authorized returned products, a credit invoice for the original purchase price less the Returned Products Charge and the original shipping and handling charge (“Partial Credit”) will be issued. To obtain a

 

Partial Credit, products must be returned within five (5) days of receiving a Return Authorization. 


If an error by Healthgen results in shipment of an incorrect order, Healthgen will, at its sole option, either ship a replacement order at no charge or credit your account for the purchase price of the original product shipped in error plus shipping charges. If an error by you results in the shipment of an incorrect order and is reported to Healthgen within ten (10) days, you may obtain a Return Authorization and return the product(s) for Partial Credit.

 

Limited Warranty

Some product information in the catalog may be abbreviated. Before ordering, we recommend that you review specifications of the product as published in the product insert available at our website or call and request a copy from your distributor. Product inserts on the website reflect, in general, the applications and conditions for use. Products should be used in accordance with the insert shipped with the product. Healthgen reserves the right to change product specifications without prior notification. All products supplied by Healthgen are warranted to meet our published specifications when used under normal conditions in your laboratory. 
HEALTHGEN DOES NOT MAKE ANY OTHER WARRANTY OR REPRESENTATION WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE PRODUCTS. IN PARTICULAR, HEALTHGEN DOES NOT MAKE ANY WARRANTY OF SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT.

 

Remedies and Limitations

SHOULD ANY PRODUCT FAIL TO PERFORM AS WARRANTED OR FOR ANY OTHER CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS FROM HEALTHGEN, HEALTHGEN’ LIABILITY AND YOUR REMEDY ARE STRICTLY LIMITED TO THE PURCHASE PRICE OR REPLACEMENT, AT HEALTHGEN’ SOLE OPTION, OF THE PRODUCT SOLD. UNLESS OTHERWISE STATED, THE PRODUCTS IN THIS CATALOG AND WEBSITE ARE SOLD FOR RESEARCH USE ONLY. 
YOUR REMEDY SET FORTH FOR BREACH OF ANY WARRANTY ARISING HEREBY, EXPRESS OR IMPLIED OR BY OPERATION OF LAW, SHALL BE THE EXCLUSIVE AND SOLE REMEDY TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF SUCH PARTY.

 

Indemnity

You agree to indemnify, defend and hold Healthgen, its directors, officers, shareholders, employees, representatives and assigns (collectively, “Affiliates”) harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against Healthgen or its Affiliates alleging or arising from or related to any breach of these Terms & Conditions by you. This paragraph survives expiration or termination of your account or these Terms & Conditions.

 

Choice of Law/Disputes

You hereby agree that the only proper jurisdiction and venue for any dispute with Healthgen or to products purchased from Healthgen, is in the People’s Republic of China and the China Council for the Promotion of International Trade - Foreign Trade Arbitration Commission in China. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Healthgen or its affiliates, employees, officers, directors, agents and providers. Any claims relating to the information, services or products available in this catalog will be governed by the laws of the People’s Republic of China, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms & Conditions will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of these Terms & Conditions.

 

Miscellaneous

If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent in such section. You may not sell, assign, or otherwise transfer your account. Healthgen may assign or transfer its rights with regard to your account and these Terms & Conditions. Healthgen’s failure to act with respect to any failure by you or others to comply with these Terms & Conditions does not waive Healthgen’ right to act with respect to subsequent or similar failures.These Terms & Conditions set forth the entire understanding and agreement between you and Healthgen with respect to the subject matter hereof. This paragraph survives expiration or termination of these Terms & Conditions.