Terms and Conditions

General Terms

  1. The outlined terms and conditions below regarding sale and delivery of products from HemaCare BioResearch Products (“HemaCare”) apply to all contracts between HemaCare and its Customers.
  1. By accepting or using goods and services supplied by HemaCare, Customer agrees to the terms and conditions of sale and delivery.  If HemaCare and Customer entered into a formal agreement containing specific terms covering the sale of such products and services, the terms and conditions of the written agreement shall govern.
  1. Any amendment to the terms and conditions of sale and delivery must be confirmed in writing by HemaCare.

 

Ordering Information

  1. Orders will be accepted by:
  1. When placing an order, Customer must submit our BioResearch Product Order Form – includes information such as shipping address, phone number, name of whom the shipment should be addressed to, a billing address, and a method of payment.
  1. For fresh products from random healthy donors, HemaCare will recruit and schedule a donor for collection upon Customer’s order confirmation.  Standard collections are scheduled Monday through Thursday for next day delivery.  The following lead times are requested:
  • Fresh Normal Peripheral Blood products – 1 week lead time
  • Fresh Mobilized Peripheral Blood products – 4 week lead time
  • Fresh Bone Marrow products – 2 week lead time
  • Fresh Cord Blood products – 2 week lead time
  1. For cryopreserved products already in inventory, HemaCare will ship the product within one to two days of receiving all required forms – signed Product Order Form (POF) and PO or Credit Card information.
  1. For custom products, HemaCare may require additional lead time to recruit donors that meet Customer’s specifications.  Lead time period will be discussed upon order request.
  1. Any fresh or custom product ordered with less than one week notice may be charged a STAT fee.
  1. Cancellation/Change orders must be made in writing and signed off by both, HemaCare and Customer.
  1. Orders may not be cancelled or changed within 48 hours of the scheduled collection time.  If order is cancelled or changed within 48 hours, full payment of order will be required.
  1. Donor screening tests are performed with each donation.  Fresh products are shipped pending test results.  Cryopreserved products are shipped tested. Serological and infectious disease testing is performed with every healthy donor collection and infectious disease testing for HIV, HBV and HCV is performed on most disease state collections.  Bone marrow donors are tested within 30 days of collection.
  • Serological Testing:
    • ABO/Rh
    • Syphilis
    • Antibody Screen
    • Anti-CMV (if requested)
  • Infectious Disease:
    • Hepatitis B Core Antibody (Anti-HBc EIA)
    • Hepatitis B Surface Antigen (HBsAg EIA)
    • Hepatitis C Virus Antibody (Anti-HCV EIA)
    • Human Immunodeficiency Virus Antibody (HIV 1/2 plus O)
    • Human T-Lymphotropic Virus Antibody (HTLV-I/II)
    • HIV-1/HCV/HBV Nucleic Acid Testing
    • WNV Nucleic Acid
    • Trypanasoma cruzi Antibody (Selective Chagas disease testing, a single lifetime test per donor)

 

Delivery Conditions

  1. All orders are shipped FedEx Priority Overnight unless otherwise specified.
  1. Same day delivery is available in Los Angeles County, Orange County, Ventura County, San Bernardino County, and Riverside County with prior arrangements with HemaCare.
  1. Scheduling, shipping, and delivery are arranged based on Customer’s request.  Title and risk of loss shall pass to Customer upon delivery to the carrier. Freight collect, FOB origin. HemaCare is not responsible for product degradation resulting from delivery delays attributed to carrier.
  1. HemaCare is not responsible for delivery delays due to reasons outside of our control, including acts of God, war (declared or undeclared), action of any governmental authority, riots, revolutions, fire, floods, explosions, sabotage, nuclear incidents, lightning, weather, earthquakes, storms, sinkholes, epidemics, strikes, or courier related delivery failures for whatever reason.
  1. HemaCare is not responsible for international delivery delays due to customs.
  1. International Customers will be responsible for complying with applicable import regulations related to the receipt of shipments of biological products.
  1. Delivery times for domestic and international shipments can be estimated, however, they are not guaranteed or legally binding.

 

Acceptance

  1. For CRYOPRESERVED products, customer shall inspect the delivered products and notify HemaCare of any claims for shortages, overshipment, defects, or damages within 14 days; please supply pictures and/or type of evidence.  Any product not rejected within the 14 days period will be deemed to be accepted by Customer. Customer must ship defective or damaged product back to HemaCare – please contact HemaCare to arrange shipment.
  1. For FRESH products, customer shall inspect the delivered products and notify HemaCare of any claims for shortages, overshipment, defects, or damages within 24 hours; please supply pictures and/or type of evidence.  Any product not rejected within the 24 hour period will be deemed to be accepted by Customer. Customer must ship defective or damaged product back to HemaCare – please contact HemaCare to arrange shipment.

 

Price Policy

  1. HemaCare’s prices are subject to change any time without prior notification to Customer.  Please contact HemaCare to confirm current pricing or receive a quote with customized pricing.
  1. All shipping and handling charges will be indicated on the invoice (Prepay and Add).  Shipping and handling charges vary according to the weight and size of the package and delivery service options selected.  If using Customer’s account for shipping charges, a handling fee will be added to the invoice.  Please contact HemaCare for shipping and handling prices.
  1. Customer will be charged a late return fee for Cryoport Express Shipper® not returned within 3 business days of receipt; fee will escalate every 10 days shipper has not been returned to Cryoport.  Lost shipper or accessories/other equipment will be charged a replacement cost.   If the shipper and/or accessories/other equipment is not returned within 45 calendar days, the shipper and/or accessories/other equipment shall be deemed lost and Customer shall pay the replacement cost.
  1. All prices quoted are net prices.  Sales tax, duty, or other fee imposed by a government authority will be added where applicable and paid by Customer.

 

Payment Terms

  1. Payment is to be made in full to HemaCare within 30 days of date of invoice.
  1. HemaCare only accepts payment in US currency.  Payments in the form of company checks, cashier checks, money orders, and credit cards (American Express, Master Card, Visa) are accepted.  Please make checks payable to HemaCare Corporation.
  1. International orders must be prepaid with wire transfer, ACH, or credit card before shipment. Foreign currency will not be accepted.
  1. A late charge equal to the lesser of 1.5% per month or the maximum amount permitted under applicable law will be added to outstanding balances which remain unpaid 30 days from date of invoice.
  1. In the event Customer’s account balance at any time is 90 or more days past due, HemaCare will not process any new orders until all sums past due and fees are paid in full.  HemaCare will use all equitable means to resolve any billing discrepancies.  Please make your payments on time.
  1. After all efforts to achieve resolution have been exhausted, HemaCare may pursue legal avenues to collect unremitted debt and Customer shall pay all actual costs, including reasonable attorney’s fees, incurred to enforce this term.
  1. If HemaCare’s Payment Terms are not complied with or if HemaCare has justifiable concerns regarding customers willingness or ability to pay, HemaCare is authorized to consider any contract with Customer null and void and demand for the return of delivered goods in the same condition they were shipped.  Customer will be responsible for the cost of the shipment back to HemaCare.  In addition, all other outstanding claims will become due.  Justifiable concerns include, but are not restricted to, initiation of insolvency or bankruptcy proceedings, deterioration of financial circumstances, and default of payment for any other reason.

 

Use of Goods

  1. All biological products received from HemaCare are for Research Purposes Only; not for use in diagnostic or therapeutic procedures, or on human beings or animals, or for private use.  Any misuse of HemaCare products for any purpose other than intended may have legal ramifications.  Customers requiring products for clinical or in vitro diagnostic applications should contact HemaCare to arrange ordering from HemaCare’s Clinical Products Program.
  1. HemaCare will not be liable for the improper use of any biological product provided.  HemaCare delivers products to academic teaching and research institutions, commercial enterprises, and scientific researchers for research use only.  Any sign of improper use of biological products will result in the refusal of future delivery and the immediate termination of contractual relationship.
  1. HemaCare does not support and will not be liable for any research in violation of any ethical, legal, or governmental standards by our customers within the US or internationally.
  1. Customer will comply with all laws, rules and regulations applicable to the handling, use and disposal of biological products received hereunder, including, as appropriate, obtaining Institutional Review Board approval to use biological products received hereunder.  Customer also agrees to comply with such policies as HemaCare may proscribe from time to time in connection with Customer’s use of HemaCare products.
  1. Customer will allow use of HemaCare’s products only by members of Customer’s research team under direct supervision of the supervisor in charge, and only after such members have been informed of and agree to the provisions and restrictions stated herein.
  1. Customer will not contact or make any effort to identify individuals who are or may be the sources of biological products, without specific written approval from HemaCare.
  1. HemaCare’s products are not intended for re-sale in the United States or foreign countries under any circumstance.
  1. Any transfer of HemaCare’s products to any third party other than Customer requires prior written authorization from HemaCare.

 

Representations and Warranties

  1. HemaCare represents and warrants that it has:
  • Obtained ownership rights to biological products and that all biological products were provided to HemaCare with donor’s informed consent, in accordance with IRB-approved specifications, and in compliance will all applicable laws and regulations.
  • Obtained all necessary and appropriate releases from the donor indicating there are no restrictions prohibiting Customer from using the biological products for “Research Use.”
  • Complied with all applicable US and International regulatory, state, and federal rules and regulations relating to handling, exporting, importing, and use of biological products.
  1. HemaCare warrants that the biological products will meet the claimed product specifications, such as viability, quality, number of viable cells, sterility, and purity.
  1. HemaCare maintains a customer satisfaction guarantee and will replace all products free of charge that do not meet the specifications claimed on the certificate of analysis provided to Customer.  Products that have been misused or be considered unusable due to improper storage or handling will not be covered under our warranty. HemaCare is not responsible for product degradation resulting from delivery delays attributed to carrier.

 

Indemnification

  1. Customer assumes all liability for damages that may arise from Customer’s use of the products provided by HemaCare, including any handling, storage, transfer, or disposal thereof. HemaCare will not be liable for any loss, liability, claim or action Customer may incur due to or arising from any such use. Customer shall defend, indemnify and hold harmless HemaCare, its officers, directors, employees, agents, successors and assigns from and against any and all loss, liability, claim or action arising out of or resulting from any third party claim, suit, action or proceeding that arises out of or results from Customer’s breach of any covenant or obligation of Customer, or Customer’s use of the products provided by HemaCare.

 

Intellectual Property

  1. Customer agrees to reference HemaCare in accordance with customary scientific practice and customer’s standard practice as the source of the biological products and/or services in any scholarly or industry publication arising from Customer’s use of the biological products and/or services, unless requested otherwise by HemaCare.