BD Biosciences Product Terms and Conditions
Conditions of Sale: Conditions of sale vary by region and country. Please contact your local BD Biosciences office for details.
Return and Replacement Policy: Upon receipt of any product from BD Biosciences, the buyer should inspect the packaging and products. Damages can occur during shipping and handling. The Customer Service department should be notified immediately by phone, followed by written documentation of any claims for shortages, defects or damages. To confirm receipt of noticeably damaged goods, the buyer should immediately notify the delivery service office and save the packing/packaging materials for inspection by the delivery service. BD Biosciences is not liable for any loss or damage to the product beyond our reasonable control during the course of shipment. This includes accidents, theft, vandalism, labor difficulties or disputes, weather extremes, other acts of nature, or any other circumstances causing a delay in delivery. A return authorization is required for all returns. Please contact the Customer Service department of your local BD office to receive authorization for returns or any additional information or clarification of our policy.
Special Orders, Bulk Packaging, and Custom Configuration: BD Biosciences strives to provide a wide variety of formats and sizes of its broad selection of reagents. If you cannot locate a reagent that meets your needs, BD Biosciences will try to accommodate you through our Special Order and Custom Services program. Each product is custom-tailored to meet your requirements, and handled on a case-by-case basis. Special orders refer to products that are in active inventory, but require bulk or special packaging. GMPgrade special orders are typically processed within four to six weeks, depending on existing inventory levels, and these products carry our standard warranty when used in standard applications.
If you’ve ever found yourself wishing for a clone in a different format that we don’t offer—here’s a solution for you. Our custom order program gives the freedom and flexibility to get antibodies in the exact format you’re looking for, be it a conjugate or dialyzed bulk such as no azide, low endotoxin (BD NA/LE™) formulations.
With our uniquely broad range of clones and specificities, there are thousands of custom-product possibilities for you to choose from. Research Use Only (RUO) custom products may be released without testing. Testing, where possible, is available for an additional fee.
Custom orders are typically processed within six to eight weeks, and carry no warranty. Note that all sales are to direct-end users only and are not for resale.
Please contact your local BD Biosciences office to inquire about availability and pricing of the following Special Orders and Custom Services:- Bulk packaging
- Dialyzed bulk such as no azide/low endotoxin (BD NA/LE) formats
- Specific antibody concentration
- Custom conjugation of an antibody with a fluorochrome or enzyme
- Conjugation of customer’s antibody with a fluorochrome or enzyme
- Protein expression and purification
Certain user-defined packaging limitations may render warranty void. Please note that all sales are to direct end users only, and are not for resale. If you are interested in commercial usage please contact your local BD Biosciences office.
Reagents Warranties: BD Biosciences products are warranted only to conform to the quantity and contents stated on the label at the time of delivery to the customer, or, with respect to custom products, the specifications agreed with the customer at the time the order is taken.
Software Warranties: BD Biosciences warrants only to the original purchaser of the software or upgrade, and warranties apply only to products purchased and installed in Europe, Middle East and Africa by an authorized BD service representative or another party approved by BD. Software is covered by a one-year warranty policy under which revisions released during the twelve-month period from original installation will be provided at no charge.
Instruments, Options, Accessories Warranties: BD Biosciences warrants that its flow cytometry instruments will perform in accordance with the specifications described on this website or, in the case of a custom instrument, the specification agreed at the time the order is taken.
Only the original purchaser of the instrument may enforce this warranty and this warranty applies only to products purchased and installed in Europe, Middle East and Africa by an authorized BD Biosciences service representative or another party approved by BD Biosciences. BD will install its instrument after shipment at the discretion of the customer.
BD will then replace or repair, at its option free of charge, any instrument or part, excluding consumable items, as listed in the current BD Consumable Price List (as the same may be modified from time to time), which fails within 12 months after the date of installation (as certified by the authorized BD service representative) or 13 months after the date of shipment, whichever first occurs, due to defects in materials or workmanship, provided that the instrument has been operated at all times in accordance with the instruction manual and user’s guide by, or under the direct supervision of, a certified operator who has attended the BD Training Course for the instrument or completed the self-training prior to operating the instrument. Only the unexpired original warranty period on the instrument shall be in effect on any replacement parts, which may be new or reconditioned at the discretion of BD.
The sole responsibility of BD under this warranty shall be to repair or replace parts found to be defective. The warranty does not apply if the instrument has been damaged by accident, abuse, misuse, acts of God, misapplication, the elements, failure of electrical power, the use of unauthorized parts or reagents, repairs by any person not authorized by BD, or unauthorized modification of the instrument, or if the BD serial number has been removed or defaced. Products not manufactured by BD are not covered by this warranty, but instead will carry any warranty direct from the specified manufacturer or supplier. BD may, at its sole discretion, determine if an on-site service is required. For example, in many cases, the defect can be fixed by the use of a customer self repair part that you are required to replace yourself based on instructions and documentation provided by BD. BD will pay all shipping and part return costs and determine the courier/carrier to be used. You are also required to co-operate with BD in attempting to resolve the problem over the telephone. This may involve performing routine diagnostic procedures, installing software updates or patches, removing third party options and/or substituting options. The above warranty information is applicable to all BD instruments unless differently specified in the BD instrument quotations. The number of preventive maintenance visits covered is set forth in BD instrument quotations.
Installation by an Authorized BD Biosciences Service Representative
Repairable Parts – Time and Material parts are warranted for 90 days after installation or 120 days after shipment, whichever is shorter. If a repairable part fails within the warranty period it will be replaced at no charge. Labor and travel associated with the service visit is covered and is not considered billable. When a field engineer is dispatched to a Time and Material account, all material shipped to effect the repair will be charged to his/her consignment.
Consumable Parts – These parts are warranted to be good at time of shipment. They should be stocked in sufficient quantities by the customer to preclude the necessity of a service visit in advent of their failure.
Installation by Other Personnel: BD does not warrant parts that are not installed by an authorized BD service representative. No returns will be accepted or credits issued for material ordered by customers via the Technical Support Center or Order Processing Department.
Disclaimer Applicable to All Warranties
THE FOREGOING ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BD BIOSCIENCES IS NOT RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, OR BUSINESS DAMAGES, (INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT OR USE), WHICH MAY BE SUFFERED AS A RESULT OF PURCHASER’S PURCHASE OR USE OF THE ITEMS COVERED HEREUNDER. BD’S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT OF THE PRODUCT OR REFUND OF THE PURCHASE PRICE. ADDITIONAL DISCLAIMERS MAY APPLY TO CUSTOM PRODUCTS AND SUCH DISCLAIMERS WILL APPEAR IN THE QUOTATION OR OTHER DOCUMENTATION PROVIDED WITH A CUSTOM ORDER. NO WARRANTIES APPLY TO PRODUCTS THAT HAVE BEEN MISUSED OR IMPROPERLY MAINTAINED.
BD PAS Product Terms and Conditions
Applies ONLY to BD PAS Blood Collection products purchased on www.bdbiosciences.com
- Order Acceptance: The following outlines the terms and conditions upon which BD Life Sciences (Preanalytical Systems (“BD PAS”) accepts orders for goods and services and constitutes the entire agreement between the parties. By issuing a purchase order, BUYER is deemed to have accepted these terms.
- Pricing: List prices can be obtained by visiting the www.bdbiosciences.com or contacting Customer Service toll-free at (877) 232-8995. BD PAS reserves the right to change pricing without notice.
- Payment Terms: Preanalytical Systems payment terms are Net 30 days.
- Standard Orders: No minimum order quantity is required, unless specifically noted in the catalog. Orders cannot be revised or cancelled once an order has been sent to BD’s distribution center for processing. Additions to orders once an order is created must be entered on a separate order and may therefore be subject to additional shipping charges. BD PAS reserves the right to alter orders where quantities are significantly higher than historical norms, or in times of scarce supply. BD will notify customer of any change to order quantity prior to shipment.
- Shipping: Orders will be shipped same day or next day. If received after 1:30 PM EST Orders are shipped Monday through Friday (Holidays excluded) for next working day delivery in the U.S. All shipments are freight on board (FOB) shipping point. BD PAS is not liable for any loss or damage 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. Freight or shipping and handling charges will be prepaid and added to your invoice.
- Packaging: In an effort to be environmentally friendly, BD PAS consistently seeks ways to reduce solid waste and ships products when possible using environmentally compatible and recyclable containers without ice pack. Shipping experiments have been performed that show most products are stable when shipped at ambient temperature. Products shipped with dry ice or ice packs are shipped according to their appropriate shipping conditions. Upon receipt, product should be stored under the conditions indicated by the technical data sheet.
- Reporting of discrepancies: Customer should accept deliveries made by carrier by counting and inspecting prior to acceptance of delivery from the carrier. Discrepancies should be noted on the freight document and countersigned by driver. Discrepancies not noted on packing slip or documents signed subject to count or with a pallet count may not be credited. Any discrepancies (pricing, billing charges, shortages, overages, wrong Product, missing documents, damages, etc.) must be reported within 15 calendar days of invoice date via email, phone and/or reconciled debit memo notification. Failure to provide timely notification within 15 days of invoice date may be grounds for denial of the claim, and unsubstantiated invoice deductions will not be allowed.
7.2 When reporting claims, have available the following:
- Purchase information (purchase order and invoice number)
- Type of discrepancy and requested action
- Product information (BD catalog number, lot and/or batch number, and serial #s if applicable)
- Quantity of material per the packing list unit of measure terms
- Contact information (contact name, email, telephone and fax number)
- Copy of carriers bill of lading or delivery receipt signed by customer receiving personnel which includes # of pallets received, any visible damage noted, and the seal # - if a full truckload shipment
- Returns: — BD will accept product returns only to the extent that such products were purchased directly from BD, subject to the following terms and conditions:
8.1.1. Returns will not be accepted for full credit without an RMA (Return Material Authorization; previously called Return Goods Authorization) issued by BD, including returns which are the result of a BD error.
8.1.2. All product returns must have an RMA attached with return paperwork.
8.1.3. To obtain an RMA, email/fax/phone request to: E-mail: email@example.com Fax: 800-228-8303 Phone: 888-237-2762
8.1.4. In order for BD to issue an RMA include the following information:
- Purchase information (purchase order and invoice number)
- Reason for return including type of damage, if applicable
- Product Information (material number, lot number, UOM, pallet condition, expiration date & quantity)
- Contact Information (contact name, phone and fax number)
- Requested pricing must reference previous order pricing. Otherwise, BD will price returns at the published Distributor Price
8.1.5. An RMA will not be issued, nor will credit be given for the following:
- Product returned WITHOUT authorization
- Product not purchased from BD or through an Authorized Distributor
- Products that contain drugs
- Products that are temperature controlled
- Products returned with conditions that prevent resale. Examples include, but are not limited to:
- Special Ordered or Custom Made Products
- Obsolete or discontinued products
- Opened products
- Expired product or product outside minimum dating requirements
- Units of measure less than BD’s original unit of issue
8.1.6. An RMA will only be issued to the original ship-to location and to the business entity that originally purchased BD product. If any other business entity (i.e. hospital) ships off of an RMA issued to the original purchaser, any subsequent denial of credit due to a violation of the terms and conditions noted above will be absorbed by the Distributor who requested the RMA. Product returns MUST be completed within 30 days of the issuance of the RMA to be eligible for full credit. If returned product is shipped after the 30 day expiration of the RMA and the product is received in saleable condition and within shelf life guidelines, BD reserves the right to refuse the return or charge additional restocking fees. Returns are to be shipped to the address indicated on the authorized RMA form. The Distributor pays the freight charges for all returns except as otherwise noted. Product received by the Distributor damaged or defective, as well as any product shipped in error by BD will be accepted for return freight collect by a BD preferred carrier. Restocking fee will not apply. All product returned with expiration dating must meet acceptable BD shelf-life guidelines and must be in its original, full shipment container. (Example for original, full shipment container: If product was originally bought as a case, then a case should be returned.) Contact BD to identify expiration or container requirements for a specific material number
8.1.7. BD will not issue credit for products returned in a condition that prevents resale. Examples include, but are not limited to the following:
- Product not in original shipment container
- Product with customer labels and/or tape on container
- Product with pen/marker marks on original packaging container
- Damaged product (including damaged product not communicated to BD prior to return)
- Product container contaminated with foreign matter (oil, grease, etc.)
- Temperature sensitive/controlled product
- Units of measure less than BD’s original unit of issue
- When returning small items, BD highly recommends utilizing over-pack boxes to reduce the probability of product damage. Also, the application of carrier labels to the original carton may invalidate your credit.
NOTE: If such non-resale product is returned credit will not be issued and the product will be destroyed.
Applicable Restocking Fees : Returns requested within 0-180 Days from original shipment date are subject to a 25% Restocking Fee. Returns requested 181 days and over from original shipment date will be denied. The Product is not returnable nor will credit be issued.
Product Use Limitations: BD PAS sells products for research and clinical use. Research products are labeled for Research Use Only (RUO) and are not for use in diagnostic or therapeutic procedures. Products for clinical use are labeled as for In Vitro Diagnostic Use (IVD). BD PAS is not liable for misuse of any product. All products, and many RUO products, are manufactured in accordance with Good Manufacturing Practices (GMP) for devices under 21 CFR Part 820. The catalog includes a parenthetical notation indicating which RUO products are GMP manufactured.” Information Provided to Third Party Suppliers: BD PAS may provide your information to suppliers included in its products, or to integrators or other subcontractors whom BD PAS uses to manufacture or ship product to you. This information would be limited to product, purchase date, customer name and address and would be used for warranty claim or recall purposes. Warranties: BD PAS represents and warrants that the Products shall be free from material defects in materials and workmanship. The foregoing warranty shall be void if the product has been misused, neglected, improperly handled, altered, abused or used for any purpose other than the one for which it was manufactured or if the product’s failure to conform to the foregoing warranty was due in whole or in part to other conditions beyond the control of BD. BD’s liability for failure of the product to conform with the foregoing warranty shall be limited to the replacement of such product. THE WARRANTY SET FORTH IN THIS PARAGRAPH ARE EXCLUSIVE REGARDING THE PRODUCTS AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY STATUTES OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED. YOU AGREE THAT BD IS NOT RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, OR BUSINESS DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT OR USE), WHICH MAY BE SUFFERED AS A RESULT OF YOUR SALE OR THE USE OF THE PRODUCTS. Indemnification: You shall indemnify and hold harmless BD, its affiliates, directors, officers, employees and agents from and against any suits, claims, losses, demands, liabilities, damages, costs and expenses (including costs, reasonable attorney’s fees and reasonable investigative costs) in connection with any suit, demand or action by any third party to the extent such suit, demand, or action arises out of or results from its use or sale of the products purchased by you from BD, except to the extent that such suit, demand or action arises out of the failure of such products to meet the warranty set forth above. Governing Law: This agreement and all disputes arising hereunder and/or related to the BD products purchased by buyer will be governed by and interpreted in accordance with the internal laws of the State of New Jersey. The parties also shall submit all such disputes to the exclusive jurisdiction of the courts of the State of New Jersey. Modifications: BD PAS reserves the right to modify these Terms and Conditions without prior notice, including the addition of a surcharge to all invoices. Export Law Compliance: U.S. law regulates the export, re-export or other transfer of the products that are sold by BD and purchased under the terms set forth herein. Any required U.S. and non-U.S government authorization must be obtained prior to shipment, and diversion contrary to U.S. and non-U.S. law is prohibited. By ordering these products from BD, the recipient agrees to comply fully with all applicable export control laws and regulations of the United States and applicable foreign governments, and expressly assumes responsibility for determining whether a subsequent transaction requires U.S. and non-U.S. government authorization and, if so, for obtaining such authorization before shipping or otherwise transferring the products to another party. Buyer shall not knowingly use, resell or distribute any BD product directly or indirectly for the development, production or proliferation of weapons of mass destruction (nuclear, chemical, or biological) or missile delivery systems, and/or for terrorist activities. BD Key Contact List:
Activity BD Business Unit Fax Phone Order Placement Preanalytical Systems; firstname.lastname@example.org 800-847-2220 888-237-2762 Report Shipment & Pricing
Preanalytical Systems; email@example.com 888-237-2762 Credit & Collections Department firstname.lastname@example.org 201-847-5334 800-365-0867 Return Material Authorization Preanalytical Systems email@example.com 800-228-8303 888-237-2762