Ordering, Payment Terms and Late Fees
Citagenix Regen LLC (“Citagenix”) sells products to Customers on an open book account basis, subject to Citagenix Regen LLC ‘s ongoing credit approval of Customers. All invoices are in US dollars, and prices are subject to change. All invoices are due at agreed payment terms. Interest shall accrue on all accounts remaining unpaid after terms from the date of the invoice at a lesser of (i) one and one-half percent (1 ½) per month (18 per annum) or (ii) the maximum lawful rate. In addition, a $5.00 monthly fee for all unpaid accounts. Payments can be made by check or credit card (Citagenix Regen LLC accepts VISA, Mastercard, ACH and wire transfers) at the time of sale. Citagenix Regen LLC reserves the right to withhold shipment of all subsequent deliveries in the event that Citagenix Regen LLC does not receive payment in full from Customer within the stated terms. Acceptance by Citagenix Regen LLC of less than full payment shall not act as a waiver of any of Citagenix Regen LLC ‘s rights. Customer shall not retain or withhold from Citagenix Regen LLC any sum stated on any invoice for any period. Any amount stated on an invoice from Citagenix Regen LLC shall be deemed correct and binding upon the Customer unless Citagenix Regen LLC receives notification of objection within 10 days of the date upon which such invoice is received. Notification of objection must be communicated to the Customer Service Department at 877-243-6724.
Taxes
Prices quoted do not include charges for shipping and handling and applicable federal and sales taxes. Separate charges for shipping and handling will be shown on the invoice. Unless Customer provides Citagenix Regen LLC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Citagenix Regen LLC ‘s acceptance of the order, the Customer is responsible for all sales, use, goods and services, harmonized sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Citagenix Regen LLC’s invoice.
Errors
Citagenix Regen LLC reserves the right to correct any clerical or stenographic errors that may be made to the Customer’s account.
Title/Risk of Loss
Title and risk of loss shall pass to the Customer upon delivery to his/her office. Shipping costs are F.O.B. Citagenix Regen LLC’s warehouse. Delivery or shipment dates are estimates only and Citagenix Regen LLC is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
Product Availability and Substitutions
Product availability may be limited, and orders may be shipped in stages, depending on availability. Citagenix Regen LLC reserves the right, without liability or prior notice, to revise or cease to make available any or all products. If there is any modification or discontinuation of a product that has been ordered, Citagenix Regen LLC may, with the Customer’s consent, ship products that are similar in function and specifications to the products originally ordered. The price for the substitute product may differ from the price of the original product.
Return Policy
Citagenix Regen LLC offers a conditional return option on all unused and unopened products, excluding shipping, restocking fee of 20%, and handling charges, provided that the procedures below are followed within 30 days of receiving the products. To invoke the conditional return option, the Citagenix Regen LLC Customer Care Hotline should be notified at 877-243-6724. The Citagenix Regen LLC Customer Care Hotline representative will assess the request and upon approval will dispatch a Return Authorization label (ATR#) sent via e-mail. Once received, the customer will be asked to attach the provided ATR# label to the return goods, such that the ATR# is prominently displayed. No return will be accepted without an 'Authorization Return Number' issued and clearly displayed on the box. Citagenix Regen LLC will not accept any product that is damaged or used and no refund will be made for the initial shipping costs. Price adjustments will be made to volume discounts affected by partial order returns. No credit will be given for items returned where the Citagenix Regen LLC’s Customer Care Hotline has not previously authorized the return. Defective products may be returned without contacting Citagenix Regen LLC and receiving the proper Return Authorization label. Defective returned products may be replaced with similar goods and in the same quantities if available, otherwise the account will be credited for the estimated value of the product returned at the time of initial purchase. All returns are subject to final approval by Citagenix Regen LLC.
Disclaimers of Warranties
Save and except for any specific warranties that Citagenix Regen LLC or the product manufacturer may provide to the Customer with the product ordered, Citagenix Regen LLC’s 30-day guarantee, as stated herein, shall be the Customer’s sole remedy for any damages that may result from the transactions to which these Terms and Conditions apply. In no event shall Citagenix Regen LLC or its affiliated and related entities or suppliers be liable for special, incidental, consequential, exemplary or punitive damages arising from any claim or action, incidental or collateral to, or directly or indirectly related to the purchase of the products hereunder, whether such claim is based on contract, statute, tort, implied duties or obligations or any other legal theory. Citagenix Regen LLC expressly disclaims any and all implied warranties with respect to the products, including: those implied under sale of goods legislation; implied warranties of merchantability, and implied warranties of fitness for a particular purpose.
Defective Product Claims
Authorized returns claiming product defect will be subject to inspection and testing by Citagenix Regen LLC’s Quality Control Department to substantiate the claim. The decision to issue credit will be solely Citagenix Regen LLC’s decision and will be based on these test results and consideration of any extenuating circumstances.
Waiver
A waiver by Citagenix Regen LLC of any of these Terms and Conditions in any one instance shall be deemed or construed to be (i) a general waiver of such term or condition, (ii) a waiver of any right that Citagenix Regen LLC may have with respect to any subsequent breach, or (iii) a waiver of the subsequent application of the Terms and Conditions contained herein.
Severability
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction will, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable such provision in any other jurisdiction.
Force Majeure
Citagenix Regen LLC shall not be under any liability to the Customer as a result of any delay or default in carrying out its obligations hereunder that is due in whole or in part to any cause that is beyond the reasonable control of Citagenix Regen LLC (“Force Majeure”). Citagenix Regen LLC will give the Customer prompt written notice specifying the force Majeure condition or event in which case both parties; obligations pursuant to this Agreement shall be suspended during such period. Upon cessation of such Force Majeure, Citagenix Regen LLC shall give like notice to the Customer and commence performance hereunder as promptly as reasonably practicable. If the condition or event constituting Force Majeure persists for more than 30 days after Citagenix Regen LLC provides notice thereof to the Customer, either Citagenix Regen LLC or the Customer may cancel any pending orders by written notice to the other.
Privacy of Personal Information
All orders are subject to Citagenix Regen LLC’s privacy policy. Customers may obtain a copy of Citagenix Regen LLC’s privacy policy at any time by contacting Citagenix Regen LLC at 877-243-6724, or by visiting Citagenix Regen LLC’s website, www.citagenix.com. By submitting personal information to Citagenix Regen LLC, the Customer agrees that Citagenix Regen LLC may collect, use and disclose the Customer’s personal information for the purposes of completing the sale of products to the Customer and as outlined in Citagenix Regen LLC’s Privacy Policy, as amended from time to time.
Terms and Conditions to Govern
These Terms and Conditions supersede any preprinted terms on Customer’s orders and any previous written or oral communications or representations by either party related to the products and shall not be amended without Citagenix Regen LLC’s express written approval.
Assignment
The Terms and Conditions Sale shall bind and endure to the benefit of both Citagenix Regen LLC and the Customer and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. The Customer may not assign its rights or obligations hereunder without Citagenix Regen LLC’s prior written consent.