Terms and Conditions


The standard terms and conditions shall be deemed to have been accepted for any order placed with 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 mail or e-mail. Orders shall be final only when Phoenix Scientific has confirmed receipt. 

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 for its customer, if the customer has not expressed special requirements.

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 stated in writing by Phoenix Scientific, all prices quoted shall be exclusive of transportation, insurance, 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, unless otherwise indicated in writing or on the order acknowledgment, 

Unless otherwise agreed, prices shall be quoted and invoices shall be paid in US currency. 

A 3% convenience fee will be assessed on all Credit Card transactions. This fee shall not exceed merchant service provider fees

A finance charge of 2% per month will be added to all past due accounts.

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. Any product which does not meet its catalog specification, and which is returned to Phoenix Scientific 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 any 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.

8. Limitation of Liability

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 State of California, without regard to its conflicts of laws principles.