Products: Products listed in DSI's Product catalog in force at the time of order.
DSI: Diagnostica Stago, Inc., a Delaware corporation with its principal place of business at Five Century Drive, Parsippany, NJ 07054, the seller of the Products in the United States of America.
Customer: The person or entity purchasing the Products.
Please reference your Customer number when placing all orders.
Orders are accepted by telephone or fax:
Attn: Sales Administration Department
Phone: (800) 222-COAG Menu option 3
Fax: (973) 426-9460
Monday through Friday: 8:30 am to 5:00 pm (Eastern Time)
By mail, please refer all orders to:
Diagnostica Stago, Inc.
Attn: Sales Administration Department
330 Waterloo Valley Road
Mount Olive, NJ 07828
These Terms and Conditions of Sale (the "Terms") supersede any terms specified in the purchase order placed by Customer or related correspondence. Any additions, modifications or deletions made to these Terms shall be null and void unless approved in writing by DSI. The failure or delay of DSI to enforce any of these Terms shall not be deemed to be a waiver by DSI of any such Terms. If, at the time of purchase, Customer is a qualified member of a Group Purchasing Organization (GPO) having a contract with DSI, conflicting provisions in these Terms will be interpreted as per the contract between said GPO and DSI in effect at the time of purchase.
The prices for the Products are those indicated in DSI's price lists in effect at the time the order is placed by Customer, unless otherwise expressly agreed in writing by DSI. A $50.00 minimum purchase per purchase order is required. Unless otherwise expressly agreed in writing by DSI, payment term shall be "prepayment", meaning that shipment of ordered Products shall only take place after full payment by Customer. Any other payment term which may be agreed in writing by DSI shall be net from date of invoice. Customer shall report any incorrect billing to DSI Sales Administration within 15 days after the delivery of invoice. Customer agrees to reimburse DSI on demand for any taxes, fines or penalties paid by DSI on behalf of Customer. DSI will not bill third party providers for such payments.
In case DSI has granted any net payment term and Customer is late with its payment, DSI reserves the right, in addition to all other remedies available, at its sole discretion and without prior notice (i) to suspend deliveries of Products and to reject any new orders made unless and until payment in full is made by Customer of all outstanding amounts due to DSI and/or (ii) to charge interest on past due amounts at the rate of one and one half percent (1 ½%) per month until paid or the lesser maximum amount permitted by law and/or (iii) to place Customer on prepayment status for any and all new orders. Title to Products sold shall remain with DSI at all times until payment for said Products is made in full. In case of any default of payment, DSI may, in addition to any other rights DSI may have, enter the premises where such Product is located during regular office hours and repossess the Product.
Products shall be delivered FOB Origin, freight prepaid and added to the invoice. Delivery of the Products shall be deemed to have occurred at the earlier of: (i) the date the Products are handed over to the first carrier, or (ii) in case of an unsuccessful attempt at shipment, two business days following the sending of notice to Customer stating that Products are at Customer’s disposal at DSI’s shipping point.
Reagents to be sequestered (by storing a pre-established quantity of a single lot of reagent) are determined by DSI based on Customer’s sequestering request. Sequestering will require a hard copy Purchase Order indicating line item quantity and a specified delivery schedule including beginning and end dates. First delivery of sequestered reagents cannot be less than 30 days from the date of the sequestering request.
Customer may not return Reagents ordered in error. Returns will not be accepted or a credit issued without prior approval and a Return Authorization Number assigned by a Sales Administration Representative. Please call (800) 222-COAG Menu option 3. Two categories of returns will be accepted: 1) Products shipped in error by DSI, and 2) Analyzer parts, disposables, or accessories, ordered in error by Customer may be returned provided a Return Authorization Number is assigned by a Sales Administration Representative, the item is returned in the original unopened packaging, and received undamaged. However, in category 2), Customer will be charged a 35% restocking fee.
In order to receive replacement Product or credit, the following criteria must be met: The problem must be reported within 30 working days from the date stated on the Product invoice; Returned Product must be in the same condition as it was received; No returns will be accepted after 30 days from the date on the Product invoice. Please send all returns indicating the Return Authorization Number on the outside of the package to:
Diagnostica Stago, Inc.
Return’s Department
Distribution Warehouse
330 Waterloo Valley Road
Mount Olive, NJ 07828
When delivered by DSI, each Product shall be free from defects in material and workmanship and shall conform to DSI’s specifications as specified in the package.
Subject to DSI’s acceptance of the non-conformity of the Product delivered, the warranty for defective Product is strictly limited, at DSI's option, either to (a) repair the Product or (b) in case the Product cannot be repaired, upon the return of the Product in accordance with DSI's policy for return of goods, to the replacement free of charge of the corresponding Product.
EXCEPT TO THE EXTENT OF THE LIMITED WARRANTY SPECIFICALLY SET FORTH IN THIS ARTICLE, AND NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN OR IN ANY OTHER DOCUMENT, NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, IS MADE.
In no event shall DSI, its employees or its suppliers be liable for lost profits or any special, indirect, incidental, consequential or exemplary damages, irrespective of whether attributable to contract, warranty, negligence, strict liability or otherwise.
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York applicable to contracts made and wholly performed in New York. All disputes arising out of or in connection with the order made under these Terms must be settled by one Arbitrator sitting in New York City, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator may be entered in any Court having jurisdiction over the parties.
Updated January 2012