Terms and conditions of sale

Definitions

Products: Products listed in Stago U.S.'s Product catalog in force at the time of order.
Stago U.S.: 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. 

Ordering information

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

Application. 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 Stago U.S.  The failure or delay of Stago U.S. to enforce any of these Terms shall not be deemed to be a waiver by Stago U.S. 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 Stago U.S., conflicting provisions in these Terms will be interpreted as per the contract between said GPO and Stago U.S. in effect at the time of purchase.

Payment. The prices for the Products are those indicated in Stago U.S.'s price lists in effect at the time the order is placed by Customer, unless otherwise expressly agreed in writing by Stago U.S.  A $50.00 minimum purchase per purchase order is required.  Unless otherwise expressly agreed in writing by Stago U.S., 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 Stago U.S. shall be net from date of invoice. Customer shall report any incorrect billing to Stago U.S. Sales Administration within 15 days after the delivery of invoice.  Customer agrees to reimburse Stago U.S. on demand for any taxes, fines or penalties paid by Stago U.S. on behalf of Customer. Stago U.S. will not bill third party providers for such payments. Payments shall be made either by check mailed to Stago U.S. at P.O. Box 416347, Boston, MA 02241-6347 or by ACH (Automated Clearing House), at Customer’s option. Should Customer request to pay by credit card, Stago U.S. shall have the right to invoice to Customer a processing fee equal to two percent (2%) of any amount paid by credit card, and Customer agrees to pay said processing fee.
In case Stago U.S. has granted any net payment term and Customer is late with its payment, Stago U.S. 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 Stago U.S. 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 Stago U.S. at all times until payment for said Products is made in full.  In case of any default of payment, Stago U.S. may, in addition to any other rights Stago U.S. may have, enter the premises where such Product is located during regular office hours and repossess the Product.

Delivery. 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 Stago U.S.’s shipping point.

Sequestering. Reagents to be sequestered (by storing a pre-established quantity of a single lot of reagent) are determined by Stago U.S. 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.

Returns. 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 Stago U.S., 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 thirty five percent (35%) restocking fee.
In order to receive replacement Product or credit, the following criteria must be met: The problem must be reported within thirty (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 thirty (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

Limited Warranty. When delivered by Stago U.S., each Product shall be free from defects in material and workmanship and shall conform to Stago U.S.’s specifications as specified in the package.
Subject to Stago U.S.’s acceptance of the non-conformity of the Product delivered, the warranty for defective Product is strictly limited, at Stago U.S.'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 Stago U.S.'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 Stago U.S., 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.

Equal Opportunity Clause. Stago U.S. is an equal opportunity employer and federal contractor. Consequently, Stago U.S. shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a), and the posting requirements of 29 CFR Part 471, appendix A to subpart A, if applicable. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin.  Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.

Governing Law – Venue. These Terms and any purchase order placed thereunder 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, without regard to any choice of law rules thereunder, other than New York General Obligations Law Sections 5-1401 and 5-1402.  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 May 2019

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