Phigenics - Water Management Company

Home

Our Menu

Home

Markets Served

Products & Services

phiMetrics

Pilot Cooling Towers

Preventing Legionellosis

Phigenics Validation Tests (PVT)
Click Here to Order

Preventing Legionellosis

Get a copy of Phigenics founding partner, Dr. William McCoy's book

Preventing Legionellosis

Other Menu

Private Access

PVT Order

Phigenics PVT Field Sampler Order Form

Order Date:

Account or Company Name:

Contact Name:

Billing Address (fill out exactly as label should appear):

Check if shipping address is the same as billing address

Shipping Address (fill out exactly as label should appear):

Contact Phone #:

Contact Email (will be used to send confirmation and PVT info)

Box Quantity (1 box = 5 tests):

One Box of PVT Samplers (5 sample locations per box. Call 630-717-7546 for pricing.)

Special Instructions:

Terms and Conditions of Sale:

All products, whether tangible or intangible, included or embodied in the Phigenics Validation Test package or any package of like items (herein referred to collectively as the “Products”) produced by or on behalf of Phigenics, LLC (herein referred to as “Seller”), for sale to the purchaser thereof (herein referred to as “Purchaser”) are produced, delivered, and sold pursuant to the following terms and conditions of sale (herein referred to as the “Terms”).

1.  Agreement.  The binding agreement between Seller and Purchaser governing the sale and purchase of the Products (herein referred to as the “Agreement”) shall include and be composed of (i) these Terms; (ii) the pricing information provided by Seller and confirmed on the invoice (herein referred to as the “Pricing”); (iii) and the information entered by Purchaser or Purchaser’s agent during the order placement process on the Web Pages (herein referred to alternatively as the “Order” or the “Order Information”), provided, however, that any information so entered in the field labelled “Special Instructions” or with a like name (herein referred to as the “Special Instructions”) shall not be considered a part of the Agreement notwithstanding the fact that it remains considered a part of the Order Information.  Purchaser understands and agrees that Sellers’s review, interpretation, and acceptance of any or all of the Special Instructions shall occur, if at all, at the sole convenience and discretion of Seller.  Purchaser agrees and confirms that Purchaser’s purchase of the Products shall be through the means of and subject to the functionality and terms of that portion of the public internet website of Seller, currently www.phigenics.com, that furnishes Purchaser the means to input the Order Information and to place Purchaser’s order therefor (such portion of such website is herein referred to as the “Web Pages”).

2.  Acceptance.  Unless expressly provided otherwise in this Agreement or expressly agreed otherwise by Seller in writing, Seller hereby rejects any and all other terms in any other document or communication made by a party other than Seller in connection with this transaction.  Any attempted response or acknowledgement by Purchaser or Purchaser’s agent that contains terms inconsistent with or in addition to the terms of this Agreement shall not be binding upon Seller unless expressly and specifically accepted by Seller in writing.  Seller’s obligations under the Agreement shall be conditioned upon Purchaser’s acceptance of the terms and conditions of the Agreement.  Purchaser acknowledges and agrees that the clicking or triggering of the Web Page button labeled “Submit” or with a like name shall be deemed to constitute conclusive evidence of Purchaser’s acceptance of the terms and conditions of the Agreement. Purchaser acknowledges that Seller will not ship to locations outside the United States. and that Seller expressly rejects any Order specifying a shipping address outside the United States.

3.  Taxes and Other Costs.  Except as otherwise specifically provided in the Agreement, all prices are exclusive of federal, state, local and other excise, sales, use, property, transportation, occupational, customs, and other taxes relating to the sale now or hereafter imposed together with penalties and expenses, all of which shall be paid by Purchaser.  Purchaser shall be responsible for collecting and/or paying any and all such taxes whether or not they are stated in any invoice for Products shipped and shall indemnify Seller with respect thereto. 
 
4.  Payment.  Purchaser shall pay Seller for the Products by cash, or equivalent, in advance of shipment thereof.  Purchaser agrees to reimburse Seller for all costs and expenses incurred in the collection of overdue invoices, amounts otherwise due, pursuant to this Agreement, or enforcement of this Agreement, including Seller’s reasonable attorneys fees.

5.  Shipment.   Seller shall not be obligated to ship the Products to Purchaser until Seller shall have received payment in full therefor.  Upon receiving Purchaser’s payment in full, Seller will arrange for shipment of the Products, in a manner deemed reasonable in the sole discretion of Seller, to the shipping address as received by Seller in the Order Information.  Notwithstanding the foregoing, Seller shall have no obligation to ship products to any address outside of the United States.  Seller shall have no liability for loss or damage resulting from delayed shipment.

6.  Termination.  Purchaser shall have no right to cancel, revoke, reschedule, or otherwise modify this Agreement or the Order without express written consent from Seller.

7.  Warranty.  Seller warrants that the Products will conform to this Agreement, will conform to the specifications that Seller designates as pertaining to a given Product.  The foregoing warranties shall expire as to any Product sixty (60) days after such Product has been shipped to the address specified in the Order Information.  Purchaser acknowledges that the preceding affords Purchaser sufficient opportunity to adequately inspect the Products and initiate any claim under the warranty hereunder.
Purchaser shall be responsible for all costs associated with the return of any Products to Seller.  In the event Purchaser has returned any defective Product for which Seller has, in advance, authorized a return, Purchaser’s sole remedy, notwithstanding anything else contained in this Agreement, shall be, in Seller’s sole discretion, replacement Product or the refund of the monies actually received by Seller, from the manufacturer for such Product.  In no event shall Seller’s liability to Purchaser or any other party, including without limitation for any nonconforming Product, exceed the amount of monies actually received by Seller for such Product.  Purchaser acknowledges and confirms that upon such refund Seller shall have no further liability to Purchaser or any other party.

Purchaser acknowledges that any right of Purchaser to make a warranty claim hereunder is a right solely of Purchaser, and may not be assigned, pledged, delegated, or otherwise transferred to another party without Seller’s express written consent.  Purchaser acknowledges that Seller shall have no liability for any third party claims, by Purchaser’s customers or otherwise, against Purchaser that any person purports should result in liability of Seller.

Purchaser acknowledges that the warranties expressly provided by Seller in these Terms are Purchaser’s sole warranties under the Agreement and are in lieu of, not in addition to, any other warranties that Purchaser otherwise might have by operation of law, course of dealing, or usage of trade.  SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES, including without limitation warranties of merchantability and warranties of fitness for a particular purpose.  Purchaser acknowledges that Purchaser provides the Order Information through the public internet, that Seller makes no warranty as to the confidentiality or security of any transaction so conducted, and that Purchaser accepts the risks inherent therein.

8.  Limitation of Liability.  IN NO EVENT SHALL SELLER BE OBLIGATED OR LIABLE TO PURCHASER IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST TIME, DAMAGE TO PROPERTY, OR SUITS BY THIRD PARTIES, BE IT DUE TO ANY BREACH OF CONTRACT OR WARRANTY MADE IN CONNECTION WITH THESE TERMS OR THIS AGREEMENT, OR ANY OTHER CAUSE ARISING FROM THE USE, PERFORMANCE OR NONPERFORMANCE OF THE PRODUCTS SOLD HEREUNDER, INCLUDING A CLAIM FOR IMPLIED INDEMNITY.  IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CLAIM FOR PURCHASER’S EXPENSES SPENT IN ANTICIPATION OF EXECUTION OR PERFORMANCE OF THIS AGREEMENT.

9.  Representations and Covenants of Purchaser.  Purchaser represents and warrants that the Order Information is true, complete, and correct.  Purchaser acknowledges, understands, and agrees that Purchaser will use the Products only according to Seller’s instructions.  Purchaser acknowledges, understands, and agrees that any patents, trade secrets, know-how, trademarks, copyrights, or other intellectual property or rights included or embodied in the Products (the “Intellectual Property”) are and shall remain the proprietary property of Seller or Seller’s licensors, and Seller grants Purchaser a non-exclusive, non-sublicensable license therein solely to the extent necessary to use the Products in accordance with Seller’s instructions.  Purchaser agrees that it shall not otherwise assert any rights to the Intellectual Property.  Purchaser covenants and agrees that it shall not reverse engineer, misuse, or misappropriate the Products or the Intellectual Property including, without limitation, using the Products or the Intellectual Property in a manner detrimental to Seller or its licensors.  Purchaser acknowledges that the provisions contained herein are reasonable, and that any breach of its obligations hereunder will cause Seller irreparable harm for which Seller will have no adequate remedy at law.  As a result, Seller shall be entitled to seek and obtain injunctive relief against any breach or threatened breach hereof, in addition to the right to assert any other remedy it may have under this Agreement or otherwise at law or in equity.

10.  Indemnification.  Purchaser assumes all liability for any harm or damage to Purchaser’s or Seller’s employees, invitees, agents, licensees, representatives and any third party to whom it gives, sells or otherwise transfers any Product, or to the personnel, premises, or property of Purchaser or Seller.  Purchaser shall indemnify, release, and hold harmless Seller, its directors, officers, employees, agents, representatives, successors, and assigns from any and all claims, demands, losses, judgments, fines, penalties, damages, costs, expenses, or liabilities arising from the foregoing or from any act or omission of Purchaser or its directors, officers, employees, agents, or representatives, except to the extent solely attributable directly to the willful misconduct or gross negligence of Seller.

11.  Applicable law; jurisdiction and venue.
This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois, U.S.A., without regard to its conflict of laws principles and excluding application of the United Nations Convention on Contracts for the International Sale of Goods.  All rights available to Seller under the Uniform Commercial Code in force in Illinois, even though not specifically enumerated herein, are expressly reserved to Seller as remedies available to it in case of Purchaser’s breach.  Jurisdiction and venue are exclusively placed in the state courts of Cook County, Illinois, and the federal courts of the Northern District of Illinois.

I Agree to the Terms and Conditions:

Payment Options (Credit Card or PO):

PO Number

Card Type

Credit Card Number

Expiration

You will be charged at the time of shipping.

Need Help?

Contact Phigenics at 630-717-7546 with any concerns. Thank You!
Download Phigenics pH Adjust MSDS Sheet (PDF)

= Required