USA Terms & Conditions

1. Order Acceptance

The Contract between BI and the BUYER is created when an order is accepted, either through receipt of written confirmation, or by submission of a purchase order, or by shipping product, or by initiating an action to provide with the products or services that have been ordered, or BUYER is deemed to have accepted these terms. All sales are subject to and expressly conditioned upon the terms and conditions contained herein. No variation of these terms and conditions will be binding upon BI unless agreed to in writing and signed by an authorized representative of BI.

2. Standard Orders

No minimum order quantity is required, unless specifically noted in the catalog. Orders cannot be revised or cancelled once a delivery note has been created. Additions to orders once a delivery note has been created must be entered on a separate order and may therefore be subject to additional shipping charges.

3. Pricing

List prices can be obtained by visiting the BI website www.bioind.com or by contacting Customer Service toll-free at 1-860-316-2702. BI reserves the right to change pricing without notice.

4. Shipping

Typically orders are shipped Monday through Thursday for next day delivery. A Saturday delivery may be accepted upon request and may result in additional charges. BI reserves the right to choose the shipper and the method of shipping. Freight or shipping and handling charges will be prepaid and added to the invoice. All shipments are freight on board (FOB) shipping point. Title to and responsibility for the Products passes to the BUYER when the Products are physically passed to the commercial carrier Delivery dates and times are estimates only. BI will make all reasonable attempt(s) to ship Products in a timely manner. Depending on Product availability, Product(s) may be delivered in installments. Installments will be invoiced on a per shipment basis and are due according to the terms of each individual invoice, without regard to subsequent deliveries.

5. BI is not liable for any loss, expenses, claims, or damages during the course of shipment. This includes accidents, theft, vandalism, labor difficulties, or disputes, weather extremes, other acts of nature, or other circumstances causing a delay in delivery.

6. Changes and Cancellations

Orders may only be changed or cancelled through written agreement between the BUYER and BI. BI reserves the right to charge the BUYER a cancellation fee. BUYER agrees to pay the change or cancellation fees, which shall include, but not exceed, expenses and costs incurred by BI because of the change or cancellation. Such charges shall include, but are not limited to, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, cancellation costs imposed on BI by its suppliers, and any other cost resulting from change or cancellation of the order.

7. Shortages and Damages

Immediately upon receipt of any Products, BUYER must inspect the Products and notify BI in writing (at orders-usa@bioind.com) within five (5) working days of any claims for shortages, damages or Product defects or defects in packaging. If such shortages, defects or damages are discovered, BUYER should hold the goods for written instructions from BI concerning disposition. Failure to notify BI within five working days after the receipt of the Products shall constitute acceptance of the Products as having been delivered without shortage, or shipping-related damage or any defects of any kind.

8. Not all requests for returns will be granted and will be assessed on a case-by-case basis. Please contact the Customer Service team at 1-860-316-2702 to request authorization to return, information, or clarification of our policies.

9. Standing and Blanket Orders

BI provides both “Standing” and “Blanket” orders. Standing Orders are prearranged shipments of Product at a specified price on a recurring basis. A Blanket Order is an agreement to provide Products at a specified price on a “per-order” basis.

10. Allocation of Goods

If BI is unable for any reason to supply the total amount of Products specified in a processed order, BI reserves the right to allow its manufacturer BI to allocate the Products to customers without liability for any failure of performance which may result.

11. Payment Terms

Payment terms are net 30 days from invoice date.  Payments by the BUYER in international territories shall be in US dollars. BI reserves the right to conduct a credit check and may delay or postpone the delivery of the Products based on the BUYERS ability to pay the invoice within the payment terms.  In the case that the BUYER defaults on their obligations to pay BI in compliance with the payment terms, BI may change the payment terms for any undelivered Product, defer delivery of undelivered Product, sell any undelivered Products, or cancel the Contract altogether.  BUYER agrees to pay all costs, including but not limited to, reasonable attorney, accounting fees, and other expenses of collection resulting from any default by BUYER in any of the terms. If the BUYER is a tax-exempt agency, a copy of the tax exemption certificate must be presented with purchase order by faxing a copy to BI Attention: Accounting at: 860-269-0596.

12. Payment Options

Product may be reserved through a purchase order agreement between the BUYER and BI. Reserving Product requires a purchase order (PO) outlining the Separate Terms of the purchase (PO number, product type, quantity, price, ship date, etc.). A NON-REFUNDABLE storage fee may be charged for Product on reserve. Credit Cards are also accepted in the form of Visa, Mastercard, and American Express.

13. Compliance with Labor Laws and Regulations

BI certifies that to the best of their knowledge that the Products are produced in compliance with applicable requirements of the Fair Labor Standards Act, as amended, and the Occupational Safety and Health Standards Act of 1970 and regulations, rules and orders issued pursuant thereto.

14. Research Use Only

All Products are for RESEARCH USE ONLY, AND are not approved for use in human, therapeutic, or diagnostic applications. All products must be used according to our instructions. BI does not submit the Products for regulatory review or approval by any government or other regulatory organization for any particular use, including clinical use. BUYER must use the Products in compliance with all applicable laws and government regulations and obtain all necessary approvals and permission needed. BUYER represents and warrants that their particular use of products will not violate any law or regulation.

15. 14. Indemnification

BUYER agrees to indemnify and hold harmless BI, its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that BI may sustain or incur as a result of any claim against BI based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by customer, their officers, agents, employees, successors or assigns, or by customer's customers, by any end users, by auxiliary personnel (such as freight handlers, etc.) or by other third parties, arising out of, directly or indirectly, the use of the Products, or by reason of customer's failure to perform their obligations contained herein. BUYER shall notify BI in writing within fifteen (15) days of BUYER’S receipt of knowledge of any accident, or incident involving the Products which results in personal injury or damage to property, and customer shall fully cooperate with BI in the investigation and determination of the cause of such accident and shall make available all statements, reports and tests made by customer or made available to customer by others. The furnishing of such information or any investigation by BI of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by BI.

16. Limited Time Use

Unless otherwise provided in applicable Separate Terms, our sale of Products grants a limited, non-transferable right to use Products for internal research purposes. Additional use may require a license from BI or a third party.

17. Resale and Commercial Use

The act of purchasing BI Products does not convey to the BUYER, expressly, by implication, or by estoppel, a right to resell Products or any component or derivative of that Product. Unless BI expressly states otherwise in Separate Terms, BI provides no rights to use Products in commercial applications of any kind, including manufacturing, quality control or commercial services. If you require commercial use rights to our products (including the right to perform fee-for-services), please contact our Customer Service Team. To the extent that the BUYER’S use of Products is outside the research use rights granted herein, it is solely the BUYER’s responsibility to acquire additional intellectual property rights related to such use.

18. Governing Law

All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of the State of Connecticut including its conflict of laws principles.

19. Trademarks

BI, BI logo and all other trademarks mentioned herein are the property of Biological Industries or their respective owners. Biological Industries trademarks include: NutriStem®, CryoStem™, BIOAMF™, BIOPB™, BIOMarrow™, Pharmacidal™, Aquaguard™, MSCgo™, EndoGo™