Phoenix Scientific, Unipessoal LDA
Last Updated: July 2025
STANDARD TERMS AND CONDITIONS
The standard terms and conditions shall be deemed to have been accepted for any order placed with Phoenix Scientific, Unipessoal LDA (“Phoenix Scientific”). In the event of dispute, our terms cancel any conflicting clauses and terms printed on the orders or correspondence from buyers. Amendments of the initial agreement or any secondary agreement shall be valid only if they have been entered into in writing.
1. Products
The specifications mentioned in our catalogs are given for information and without commitment. Phoenix Scientific reserves the right to change its products without notice and to change test methods, specifications, and/or cell lines used in growth promotion tests without providing advance notice.
2. Orders
Orders may be sent by letter to the address on our website or by e-mail to orders@phoenix-scientific.com. Orders shall be final only when Phoenix Scientific has confirmed receipt. All orders must include a valid intra-community VAT number, delivery address, contact person and phone number as well as the invoicing physical address and email address.
3. Deliveries
Delivery time shall be confirmed upon receipt of your order. If the products are not in stock, a delivery time shall be proposed for information, subject to accidental cases and force majeure. No penalty for late performance or damage may be claimed in the event said deliver times are not respected. Phoenix Scientific shall choose the method of dispatch that it considers to be the most suitable if the customer has not expressed a specific delivery method.
Accidental cases and force majeure Phoenix Scientific shall be released from its obligation to deliver in the event of any accidental case or force majeure event that impedes either the manufacturing, dispatch or import. A force majeure event means any event beyond our control, which results in delaying or preventing the performance that could not be reasonably controlled or avoided.
If customer does not take receipt of product that is available for delivery, unless otherwise agreed to in writing, within 7 business days, they will be automatically enrolled in our Freezer Storage Program. Customer must pay invoice in full by payment due date for free storage. If not paid, they will be charged for storage at the rates in the Storage Program as if 12 months have elapsed.
Customer accepts all responsibility for lost, delayed, misdelivered or damaged packages by the shipping carrier when requesting shipment on their freight account. Any replacement of product can be provided at the buyer’s expense. Customer must specify before shipment whether to include any carrier insurance.
4. Prices
Unless otherwise agreed, prices shall be quoted and invoices shall be paid in Euro currency.
Unless otherwise stated in writing by Phoenix Scientific, all prices quoted shall be exclusive of transportation, insurance, value-added taxes, customs fees, duties and other related charges, and Customer shall pay any and all charges and hold Phoenix Scientific harmless. Prices quoted relate only to the goods referenced herein and do not include intellectual property, industrial property, or patent rights of any kind.
5. Payment
Customer shall pay the invoiced amount within thirty (30) days from the date of Phoenix Scientific’s invoice date, unless payment terms are otherwise indicated in writing or on the order acknowledgment. Phoenix Scientific reserves the right to request prepayment prior to product shipment.
By express agreement between the Parties, and without prejudice to any other rights or remedies available to [Your Company Name] under this Agreement or applicable law, the non-payment of an invoice by its due date shall automatically, and regardless of the method of payment, give rise to:
• Late Payment Interest: The application of late payment interest at the commercial legal interest rate, which is currently 8 percentage points above the European Central Bank’s main refinancing operations rate for commercial transactions, as established by Decree-Law No. 62/2013 of 10 May (transposing Directive 2011/7/EU of the European Parliament and of the Council, of 16 February 2011). This rate is published semi-annually by the Portuguese Treasury and Debt Management Agency (IGCP, E.P.E.) in the Official Gazette (Diário da República). Interest shall accrue from the day following the due date until full payment of the outstanding amount.
• Immediate Payability (Acceleration Clause): The immediate enforceability and payability of all outstanding amounts due by the Customer to Phoenix Scientific, even if not yet due, without the need for prior notice or judicial intervention.
• Fixed Compensation for Recovery Costs: The Customer shall be liable for a fixed compensation amount of EUR 40 (forty Euros) for recovery costs, as provided for in Article 7 of Decree-Law No. 62/2013, of 10 May. This amount is due without the need for prior notice and is independent of any other reasonable costs incurred by Phoenix Scientific to recover the debt.
• Additional Recovery Costs: All costs, outlays, and expenses reasonably incurred by Phoenix Scientific to obtain the payment of goods or services, including but not limited to legal fees, court costs, and other collection expenses, shall be borne by the Customer.
• Suspension of Deliveries: Furthermore, pending the full regularisation of all outstanding payments, Phoenix Scientific reserves the right to suspend any subsequent deliveries of goods or provision of services to the Customer, without incurring any liability for such suspension. This right shall remain in effect until all overdue amounts, including interest and recovery costs, are fully settled.
6. Taxes
Any tax or related charge that Phoenix Scientific shall be required to pay to or collect for any government in connection with this Agreement, including, without limitation VAT, sales tax or use tax (though excluding tax incurred based on the net income of Phoenix Scientific) will be billed to Customer and paid by Customer.
7. Product Warranty
Phoenix Scientific warrants that the products listed are for the described purposes only. No return shall be accepted without the prior and written agreement of our sales department, which shall specify the terms and conditions of return.
Any product which does not meet its catalog specification, and which is returned to Phoenix Scientific at the Customer’s expense and within 30 days of its initial receipt, will either be replaced with like material or, at Phoenix Scientific’s option, the purchase price of the product will be refunded minus a minimum 15% restocking fee.
In connection with this limited warranty, Phoenix Scientific reserves the right to conduct whatever tests it deems appropriate to evaluate whether or not the product meets the catalog specification. Phoenix Scientific reserves the right not to replace the product or provide a refund pursuant to this limited warranty if we reasonably believe that the product has been modified due to improper storage, alteration, or processing.
Phoenix Scientific does not accept claims if any serum is delivered partially thawed, and we will not replace it free of charge, as tests show a very good stability of the product even in these conditions.
8. Limitation of Liability
The Customer must decide if the purchased product is suitable for its specific application. The products in our catalogue are used for in-vitro scientific purposes only. They may not be used as drugs, annex therapeutical products, pharmaceutical or cosmetic preparations, farm product and human or veterinary use products. The Customer shall be solely responsible for their use.
In no event will Phoenix Scientific be liable to Customer or any other party, under any circumstances, for any special, consequential, indirect or punitive damages such as loss of capital, loss of use, substitute performance, loss of production, loss of profits, loss of business opportunity, or any other claims for damages, even if such losses or damages are reasonably foreseeable.
9. Order Termination or Change
Customer may not terminate, suspend performance, reschedule or cancel delivery or issue a hold order under this Agreement in whole or in part, without Phoenix Scientific’s prior written consent and upon terms that will compensate Phoenix Scientific for any loss or damage resulting from such action. Customer liability shall include, but not be limited to, the price of product delivered or held for disposition, the price of services already performed, and for work in process, incurred costs and a reasonable allocation of general and administrative expenses and loss of profits. If delivery of the goods referenced is delayed by Customer, Phoenix Scientific may invoice Customer for the goods as per regular delivery schedule and Customer will reimburse Phoenix Scientific for any storage costs incurred.
10. Choice of Law
These terms and transactions contemplated hereunder shall be governed by the laws of the Country of Portugal, without regard to its conflicts of laws principles.