There are three ways to order: (1) Online or by email www.HardyDiagnostics.com 24 hours/day and 7days/week; (2) By phone: 800-266-2222, press 1; and (3) By fax: 805-346-2760. Hardy Diagnostics generally does not ship out refrigerated items on Friday, unless Saturday delivery is required. The deadline for same day shipments is 1:30 p.m. for all U.S. time zones (except 11:30 a.m. for Hawaii and 12:30 p.m. for Alaska).

Have the following information ready when calling: Your Account Number, Your “Ship To” Address, Catalog Number, Description of Item, Quantity of Item.

Order all culture media by the package, not by the unit. For example, order ten packages of Blood Agar, Cat. No. A10, when 100 plates are needed.

Customer Service. To meet the ordering needs of you, the customer, customer service is available by Phone: 805-346-2766 or 800-266-2222; Fax: 805-346-2760; and Email: CustService@HardyDiagnostics.com.

Technical Support. To answer the technical questions of you, the customer, technical support is available by Phone: 805-346-2766 or 800-266-2222; Fax: 805-346-2760; and Email: TechService@HardyDiagnostics.com.

Business Hours. Hardy Diagnostics’ business hours are 5 a.m. to 5 p.m. Pacific Time, Monday through Friday.

Pricing and Made-To-Order. The price to be paid shall be that contained on the price list last published at www.HardyDiagnostics.com before the time of shipment of the goods. Pricing is subject to change without notice. Please ask us about volume discounts and special bid prices, standing orders and “ticklers,” and custom formulations.

Ordering Process. Where credit is extended, the ordering process follows these steps. First, you, the customer, place an order online or by email, phone, or fax. Electronic data interchange (EDI) is an option. Second, Hardy Diagnostics ships the goods and sends an invoice back to you, the customer. Third, you, the customer, receive the inventory and send a check or authorize an electronic funds transfer (EFT) to Hardy Diagnostics. Please pay from the invoice, because no statement will be sent.

Regulated Iodine. Launch the “iodine ordering” link on www.HardyDiagnostics.com for assistance in ordering iodine stains and reagents in compliance with regulatory controls.

Shipping and Handling Charges. The most current shipping and handling charges are as follows:

Delivery Zones. Hardy Diagnostics maintains 2 manufacturing plants and 8 distribution centers across the U.S.: (1) Santa Maria, California (manufacturing and distribution); (2) Centralia, Washington; (3) Salt Lake City, Utah; (4) Phoenix, Arizona; (5) Dallas, Texas; (6) Springboro, Ohio (manufacturing and distribution); (7) Lake City, Florida; and (8) Albany, New York. The 1 or 2 day ground delivery zones are indicated on our Locations map. Orders placed before 1:30 p.m. for all time zones (except Hawaii and Alaska) are usually processed and shipped out the same day. Most orders are received the next morning. By same day shipping, Hardy Diagnostics generally achieves one or two day ground delivery.

Terms of Agreement. Seller's (Hardy Diagnostics') acceptance of any offer by Buyer to purchase the products is expressly conditional upon Buyer's assent to all the terms and conditions herein, unless expressly agreed to in writing by Seller.

Time of Delivery. Seller shall have the right to specify date of delivery, but the deadline for placing orders for same day shipments is 1:30 p.m. for all U.S. time zones (except 11:30 a.m. for Hawaii and 12:30 p.m. for Alaska).

Delivery in Lots. Seller shall have the right to deliver all of the goods at one time or in portions from time to time.

Method of Transfer. By same day shipping, Seller generally achieves one or two day ground delivery. Seller will ship ground or best way.

Shipping Terms. Shipping terms are “F.O.B. Destination, freight prepay and add.” This means that Seller pays the freight and adds the freight charges to its invoice to Buyer. Seller retains title and risk of loss while the goods are in transit. Seller selects the carrier. Claims for loss or damage attributable to the carrier are Seller’s responsibility. Buyer must note visible loss or damage on the delivery receipt before signing for the shipment and report claims to Seller within five business days after delivery of shipment.

Freight Collect and Third Party Orders. Shipping terms for freight collect and third party orders are “F.O.B. Origin, freight collect.” This means that Buyer pays and bears freight charges. Buyer assumes title and risk of loss while the goods are in transit. Buyer is entitled to route the shipment. Claims for loss or damage attributable to the carrier are Buyer’s responsibility.

Force Majeure. Shipping dates are estimated, and Seller shall not be liable for loss or damage due to delay in manufacture or delivery resulting from any cause beyond its reasonable control including, but not limited to, act of nature (e.g., earthquakes, extreme weather conditions, such as floods), war or threat of war, terrorist act, blockade, revolution, riot, civil commotion, fire, industrial action/strike, government action, embargo, unavailability of goods, default of suppliers, loss or breakdown of carrying vessel, and any delays resulting from any such cause shall extend the time for delivery correspondingly.

Amount of Price. The price to be paid by Buyer shall be that contained on Seller's quotation to Buyer (until the expiration date) or on the price list last published at www.HardyDiagnostics.com before the time of shipment of the goods. The prices set forth there do not include sales or use taxes, duties or fees, or shipping or handling charges. Buyer shall be invoiced those amounts, where the shipping and handling charges shall apply that are last posted on Seller’s website before the time of shipment of the goods.

Time of Payment. Unless Buyer is extended credit terms by Seller, Buyer shall pay for the goods prior to shipment. Where credit is extended, payment is net 30 days from the date of invoice. Buyer is responsible for a 1.5% finance charge per month on past due accounts and all expenses of collections, including reasonable attorneys’ fees.

Right of Inspection. Buyer shall accept the merchandise if the merchandise meets the written specifications last published at www.HardyDiagnostics.com before the time of shipment of the goods. If the merchandise fails to meet these written specifications, Buyer shall notify Seller in writing during an inspection period, which shall be five business days following receipt by Buyer of such merchandise. The parties agree that Seller will either replace the merchandise upon its return or, alternatively, credit Buyer’s purchase price for the merchandise upon its return, at Seller’s option, and that this remedy is intended to be the sole and exclusive remedy of Buyer.

Limitation of Liability. The liability of Seller under this Agreement, whether in contract, tort, or otherwise, shall not, except as expressly provided herein, exceed Buyer’s purchase price on which such liability is based.

Exclusion of Damages. SELLER HEREBY EXCLUDES AND IN NO EVENT SHALL BE LIABLE TO BUYER FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS.

Warranty Grant. Seller grants to Buyer the warranty last published at www.HardyDiagnostics.com before the time of shipment of the goods. SELLER MAKES NO OTHER WARRANTIES TO BUYER, EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Shelf Life. For most culture media products received with less than 28 days shelf life remaining and unable to be used within that time, upon notification at time of expiration Seller will issue credit or replacement for the unused portion.

Product Returns. Except as otherwise provided with respect to the provisions to meet written specifications during the inspection period and during the warranty period, Buyer shall not be permitted to return any products without obtaining (i) the written prior approval of Seller to return such products; and (ii) a returned-goods authorization (RGA) number issued by Seller. All returned products will be credited at Buyer’s purchase price. Returns must be received by Seller in original condition. Seller cannot accept returns of US Pharmacopeia- (USP-) designated products, biological materials that incur a hazmat fee, and iodine stains and reagents. Most refrigerated or frozen items will be deemed non-returnable. If a RGA number is issued by Seller, Buyer shall have 14 business days from the date of delivery to return non-refrigerated items and seven business days from the date of delivery to return refrigerated items. Refrigerated and frozen returns must be shipped by overnight delivery. The returns are subject to a 25% restocking fee.

Customer and Technical Advice. The advice of Seller's customer and technical staff is available to the trade, but Seller, not controlling or supervising the subsequent management of its products or their use after sale, does not warrant or guarantee such advice.

Applicable Law. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Wyoming.

What Is Covered. Hardy Diagnostics (Seller) represents and warrants to Buyer that all products shipped by Seller to Buyer, as of the date of such shipment, shall meet the written specifications last published at www.HardyDiagnostics.com before the time of shipment of the products. SELLER MAKES NO OTHER WARRANTIES TO BUYER, EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

How Long Coverage Lasts. This warranty lasts for a period of six months from the time of shipment, except for products that have an expiration date, in which case the warranty lasts until the expiration date.

What Is Not Covered. This warranty does not cover any claims, actions, losses, damages, demands, liabilities, costs or expenses, including attorney's fees or expenses, whether a suit or other proceeding is initiated or not, which may arise from, but not limited to, the following events: (i) misrepresentations made by Buyer, (ii) any neglect by Buyer or end-users, (iii) Buyer's or end-users' use of products not in compliance with published specifications thereto or not for their intended purposes, (iv) Buyer's or end-users' modifications or alterations of products, (v) damage from Buyer or end-user misuse, or operation outside of the environmental specifications for the products, or (vi) any other act, or failure to act, not in accordance with the terms and conditions of this warranty by Buyer. SELLER HEREBY EXCLUDES AND IN NO EVENT SHALL BE LIABLE TO BUYER FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS.

What Hardy Diagnostics Will Do. This warranty provides that Seller will either replace the merchandise upon its return or, alternatively, credit Buyer’s purchase price for the merchandise upon its return, at Seller’s option, and that this remedy is intended to be the sole and exclusive remedy of Buyer.

The liability of Seller under this warranty, whether in contract, tort, or otherwise, shall not, except as expressly provided herein, exceed Buyer’s purchase price on which such liability is based.

How to Get Service. In order to be eligible for service under this warranty, the problem must be reported to Seller in writing within five business days after it becomes apparent while the warranty lasts, provided an opportunity is afforded for examination of the purchase by Seller.

Governing Law. This warranty shall be governed by the laws of the State of Wyoming.

Technical Assistance. Our team of microbiologists and Medical Technologists are happy to serve you in any way possible. Please call our friendly support staff at (800) 266-2222, ext. 5598, or email our Technical Services Department.

CLIA and CLSI Requirements. Currently, Clinical Laboratory Improvement Amendments (CLIA) regulations make an exception for laboratories using commercially prepared culture media that is quality controlled by the manufacturer in accordance with the CLSI M22-A3 standard. Laboratories need not perform quality control checks for sterility, growth, selectivity and/or inhibition and biochemical responses provided that: the laboratory has documentation on the media label or brochure that the quality control practices used by the manufacturer conform to the CLSI M22-A3 specifications. According to CLIA regulations, the laboratory must also document the receipt and condition of each batch of media, and notify the media manufacturer of certain visual deficiencies. Refer to 42 C.F.R. Sec. 493.1 et seq. (2004); see Quality Control for Commercially Prepared Microbiological Culture Media; Approved Standard—Third Edition, NCCLS document M22-A3, NCCLS, Wayne, PA, 2004, published by the Clinical and Laboratory Standards Institute (CLSI), formerly NCCLS.

QC Voucher. To assist the laboratory in meeting its Quality Control needs, Hardy Diagnostics provides such documentation on its media label and on a QC Voucher accompanying every shipment of media certifying that its quality control practices conform to the CLSI M22-A3 specifications. Additionally, the laboratory is relieved of having to keep separate records by virtue of Hardy’s QC Voucher indicating the lot number and expiration date of each batch of media. The QC Voucher also provides a place to sign and date, verifying that the shipment has been inspected for visual deficiencies and found to be acceptable (or not acceptable, in which case a Hardy Diagnostics Representative must be notified).

HUGO™ Technical Information. Pursuant to the CLSI M22-A3 standard, the end-user laboratory should retain the most current version of the technical information provided by the manufacturer, indicating the manufacturer’s basic specifications and controls for each medium type. Technical information indicating Hardy Diagnostics’ basic specifications and controls for each medium type (e.g., Instructions for Use (IFU), formerly “product insert”) is published in our technical manual in the form of a software program titled HUGO™ (Hardy User Group Observer), which is available at no charge to all Hardy customers, and online at our website www.HardyDiagnostics.com in the catalog section.

Certificates of Analysis and MSDS. Certificates of Analysis are available online at www.HardyDiagnostics.com for media batches certifying that representative samples from a particular lot have been analyzed and found to meet the specifications published in our technical manual in the form of HUGO™ and online at our website. Material Safety Data Sheets (MSDS) can also be accessed through the Hardy online catalog.