Terms and Conditions of Sale
These terms and conditions are subject to change by Alistagen without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this Site, and you should review these terms and conditions prior purchasing any Product available through this Site. These terms and conditions are an integral part of the Site. You confirm your acceptance of the modifications or updates by continuing to use the Site.
About the information posted in the Site
This information is not a substitute for medical advice. It is for reference only and should not be used to determine treatment for specific medical conditions - only a health care provider can do this. You should seek prompt medical care for any specific health issues and consult your physician. Please do not delay seeking medical advice if needed.
Please understand that in no event shall Alistagen be liable for any incidental, consequential, punitive or special damages, direct or indirect in connection with the information posted on this site.
Grant of Use
Permission is granted to use the content and software (the "Services") on the Site as a shopping resource for the purchase of Caliwel™ with Bi-Neutralizing Agent (BNA™) (“Product”), but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted in the text of this agreement, or any modification, distribution or republication, without the prior written permission of Alistagen, is strictly prohibited.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason.
We reserve the right at any time after receipt of your order, without prior notice to you, to put your order on back order until your order is ready to be shipped.
We make every effort to maintain the availability of our Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
Upon placing your order on the Site, you will get an electronic receipt via e-mail, with your confirmation number.
Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept credit cards for all purchases. You represent and warrant that (a) the credit card information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay charges incurred by you at the posted prices, including all shipping charges and applicable taxes, if any.
All payments must be in United States dollars. Your current billing address, phone number and e-mail address must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the Product and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. Charges for shipping and handling will be made in accordance with the shipping policies of our distributor.
In addition to all other rights and remedies hereunder at law or equity, Alistagen reserves the right to suspend delivery upon your failure to make any payment pursuant to the terms and conditions contained herein.
Orders for ground delivery will be shipped within 48 hours of order entry. Minimum orders for shipment will be one (1) gallon. Orders for overnight or two-day delivery will be shipped the same day of order entry if such order is placed before 12:00 p.m., or the next day if order is placed after 12:00 p.m.
Orders for two hundred (200) gallons or more will be treated as special orders with a minimum two-week delivery. Custom color formulations are available in minimum quantities of fifty (50) gallons. Custom color formulations are also treated as special orders with a minimum two-week delivery. All special orders will be shipped in full upon completion. No credit shall be given for the return of a special order.
All orders are subject to Product availability on the date of acceptance of your order. We reserve the right to delay shipping due to this factor.
The Product shall be shipped in types and sizes of packaging or other shipping containers in conformance with the appropriate shipping regulations.
No credit shall be given for the return of any Product. All Claims for damaged, defective or shortage of Product must be made in accordance with the Claims provision set forth in this Agreement.
Changes in Product and Pricing
We are constantly updating and revising our offerings of Product, and we may discontinue Product at any time without notice. To the extent that we provide information on availability of Product, you should not rely on such information, and we will not be liable for any lack of availability of Product that you may order through our Site.
All pricing for the Product available on our Site is subject to change. For all of our prices and Product, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Alistagen, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of Alistagen or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other applicable laws and treaties.
All trademarks, service marks and trade names used on the Site (collectively the "Marks") are solely owned by Alistagen. The Marks may not be used in connection with any product or service that is not a product or service of Alistagen or that is likely to cause confusion among customers, or that in any manner disparages or discredits Alistagen.
We are not responsible for the accuracy of product descriptions, nor are we responsible for typographical, pricing, Product information, advertising or shipping errors. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information, we shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is cancelled prior to shipment, we will issue a credit within a reasonable amount of time to your account in the amount of the charge less a $20.00 cancellation fee.
Your receipt at destination of Product delivered hereunder shall be an unqualified acceptance of and a waiver by you of any and all claims with respect to such Product unless Site receives written notice of claim of any defect, damage or shortage of Product within thirty (30) days after your receipt. You assume all risks and liabilities resulting from your use of such Product or the combination with other substances. Claims for shortages of less than 2% of the gross weight will not be accepted. The weights taken at the shipping point shall govern, unless proven to be in error. BUYER'S EXCLUSIVE REMEDY AND ALISTAGEN’S EXCLUSIVE LIABILITY FOR ANY AND ALL CLAIMS (INCLUDING ANY CLAIMS FOR INDEMNIFICATION) ARISING OUT OF ALISTAGEN’S PERFORMANCE HEREUNDER, OR FOR DELAYED DELIVERY OR NON-DELIVERY OF PRODUCT, WHETHER OR NOT SUCH LIABILITY IS BASED ON NEGLIGENCE, BREACH OF WARRANTY, BREACH OF CONTRACT, OR ANY OTHER LEGAL BASIS, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE (LESS TRANSPORTATION COSTS, IF ANY, PAID BY BUYER FOR SUCH PRODUCT) OR, AT ALISTAGEN’S OPTION IN THE CASE OF PRODUCT DELIVERED HEREUNDER, THE REPLACEMENT OF SUCH PRODUCT AT BUYER'S DESTINATION.
All notices of claim must be made in writing to:
Customer Service Department
Ten Park Avenue
New York, NY 10016
Warranties and Limitation of Liability
Our responsibility for defects relating to the Product available on our Site is limited to the procedures described in our claim policy set forth above.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALISTAGEN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALISTAGEN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALISTAGEN SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCT AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCT WILL MEET YOUR EXPECTATIONS.
IN NO EVENT SHALL ALISTAGEN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT YOU PAID TO ALISTAGEN FOR THE PRODUCT(S) AT ISSUE, WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL ALISTAGEN CORPORATION, ITS AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST ALISTAGEN WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF ALISTAGEN IS AUTHORIZED TO MODIFY THIS LIMITATION OR ANY OTHER PROVISION CONTAINED IN THIS AGRREMENT.
ALL MATERIALS AND INFORMATION PRESENTED BY ALISTAGEN ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MIGHT NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE BY ALISTAGEN.
Safety and Health Information
You acknowledge that you have received Site’s Product label containing safety information concerning the Product deliverable hereunder, that you have read and understand such information, and you agree to comply with all applicable recommendations and warnings and use the Product delivered hereunder only in a manner consistent with all information included in such documents and to incorporate such information into your personal safety and personnel safety programs. You shall inform your employees, contractors, agents, carriers, customers and any third party who may become exposed to the Product after delivery of such Product of any hazards associated with the Product, and of the proper storage, handling and use procedures for the Product, disclosed in such documents or in additional documents which are transmitted to you. You shall indemnify the Site from and against any claims, damages, liabilities and expenses (including attorney's fees) arising from your breach of the foregoing obligations.
Security and Privacy of Customer Information
Active Information Collection
In general, when you visit our Site and purchase the Product we request from you certain information by asking you specific questions in order to provide you with services that we believe may be valuable to you. Before we ask you for any such information, we will generally explain how this information will be used. We will not provide any of your personal information to other companies or individuals without your permission. We may, however, provide such information to contractors providing services to us in relation to this Site or to our operations.
Passive Information Collection
As you navigate through a Web Site, some information may be passively collected which you did not actively provide using various technologies and means, such as Internet Protocol Address, cookies, Internet Tags and navigational data collection. This Site may use Internet Protocol (IP) Address.
Access and Correction: To keep your personally identifiable information accurate, current, and complete, please contact us as specified at the end of this agreement. We will take responsible steps to update or correct personally identifiable information in our possession that you have previously submitted via this Site.
Orders on our Site are encrypted with SSL technology on both the client and server end. Your information sent via the Internet can be trusted to arrive privately and unaltered, to our server only. In order for SSL security to work, you must use an SSL-enabled browser. (Please note that email is not encrypted, and is not considered a secure means of transmitting credit card numbers.) You should keep in mind that no Internet transmission is ever 100% secure error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send us via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them.
If you're still concerned about ordering electronically, you can place your order by telephone. Call us at 212-317-0100. No matter how you place your order with us, we want you to have a comfortable buying experience.
Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). Alistagen is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
Alistagen permits certain third party links to the home page of its Site, provided that Alistagen is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the Site home page without the prior written consent of Alistagen and it reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Product and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
On Line Conduct
Any conduct by a person that in Alistagen’s sole discretion restricts or inhibits any other person from using or enjoying the Site, is prohibited. You agree to use the Site only for lawful purposes and in accordance with that prohibition. You agree that you will not post on the Site or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Alistagen’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Alistagen of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, Alistagen will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Alistagen is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any customer Comments.
Termination of Usage
Alistagen may, without incurring any liability to the you, terminate access by you or suspend any access to all or part of Alistagen, without notice, for any conduct that Alistagen, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or the Site.
Governing Law/New York Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws principles or rules. The Buyer agrees that the federal and state courts of the State of New York shall have personal jurisdiction over the Buyer in all actions relating to or arising out of this Agreement and you hereby waive any defense you may have of personal jurisdiction in any such actions filed in any federal or state courts included within the State of New York.
Any cause of action brought by you against us must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Alistagen and you with respect to the subject matter hereof. It supercedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by you shall be deemed rejected by Alistagen without need of further notice and shall not be part of this Agreement or in any way binding upon Alistagen.
Service and Support Contact Information
All requests for service and support with respect to the Product available through our Site, and any other questions or concerns, should be directed to us by e-mail to the following address:
Or in writing at the following address:
Customer Service Department
Ten Park Avenue
New York, NY 10016
We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
Due to the rapidly evolving technologies on the Internet, we may occasionally update this policy. All revisions will be posted to this Site.