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    Terms & Conditions

    Standard Terms and Conditions of Sale

    STANDARD Terms & Conditions

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

    Time of Delivery. Seller shall have the right to specify the date of delivery.  The deadline for placing orders for same day shipments (when available) is 12:00 p.m. for all U.S. time zones.

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

    Place of Delivery. The goods shall be shipped to Buyer’s address last known to Seller.

    Shipping Terms.   Goods are shipped either FOT (Free on Truck) or FCA (Free Carrier Aboard) (Incoterms 2020).  This means that title and risk of loss to the Goods pass to Buyer upon Seller’s delivery of the Goods to the carrier at Seller’s facility and that Seller will invoice Buyer for the shipping and insurance costs.  Unless specified by Buyer, Seller will select the carrier.  Seller shall not be responsible for delays or damages during shipment, and any carrier shall be solely the agent of Buyer. Claims for loss or damage attributable to the carrier are Buyer’s responsibility.

    Price of Goods. 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 products. The prices for Goods do not include sales or use taxes, tariffs, customs’ duties, excise or other governmental charges or fees (including hazmat fees, as applicable) of any nature imposed upon the Goods, their sale, transportation or use 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. Where credit is extended, payment is net 30 days from the date of invoice. Unless Buyer is extended credit terms by Seller, Buyer shall pay for the goods prior to shipment. Buyer is responsible for a 1.5% finance charge per month on past due accounts and all expenses of collections, including reasonable attorney’s fees.

    Right of Inspection. Buyer shall accept the merchandise if the merchandise conforms in all material respect to the specifications last published at www.HardyDiagnostics.com before the time of shipment of the goods. If the merchandise fails to meet these specifications, Buyer shall notify Seller in writing during an inspection period, which shall be five business days following receipt by Buyer of such merchandise. 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.

    Cancellation. A purchase order once placed by Buyer with and accepted by Seller can be cancelled only with Seller’s consent and upon terms that will indemnify Seller against loss.

    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, labor unrest, riot, war, fire, accident, disease, pandemic, weather or other natural disasters, acts of any government or any agency or subdivision thereof, including tariffs or other fees not contemplated as of date of acceptance of a purchase order, or shortage or inability to secure labor, fuel, energy, raw materials, supplies or machinery at reasonable prices from regular sources, failure to obtain all necessary licenses, permits or approvals after reasonable efforts, and any delays resulting from any such cause shall extend the time for delivery correspondingly.

    Shelf Life. For most culture media products that are received with fewer than 28 days’ remaining shelf life and are 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.  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 material authorization (RMA) 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, other Regulated Limited Quantity (LQ) items, and iodine stains and reagents. Most refrigerated or frozen items will be deemed non-returnable. If a RMA 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 technical staff is available to the trade, but Seller, since it is not controlling or supervising the subsequent management of its products or their use after sale, does not warrant or guarantee such advice.

    Applicable Law. Sale of goods by Seller shall be governed by the laws of the State of Wyoming.

    Privacy Policy. Please view our privacy policy in full.

    Limited Product Warranty

    What Is Covered. All products shipped by Seller to Buyer, as of the date of such shipment, shall conform in all material respect to the specifications last published at www.HardyDiagnostics.com before the time of shipment of the products. SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS TO BUYER OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO A PRODUCT WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER MATTER. NO EMPLOYEE, REPRESENTATIVE OR AGENT OF SELLER HAS ANY AUTHORITY TO BIND SELLER TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY EXCEPT AS STATED IN SUCH LIMITED WARRANTY.

    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.

    Limitation of Liability & User Responsibility

    By interacting with this chatbot, you agree that any suggestions, information, or data provided are "as-is" and do not constitute professional advice. Product suggestions provided by this chatbot are based on automated algorithms and do not constitute a guarantee of suitability for your specific application. Hardy Diagnostics is not responsible for purchases made based on these suggestions. All sales are subject to our standard Return and Refund Policy. Chatbot suggestions do not override official Product Specifications or Instructions for Use (IFU); please consult Customer Service or Technical Services (not sure which one we should list or if we should list both) for definitive guidance prior to purchase.