Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Consumer Agreement
  • BioKix LLC Terms and Conditions

    Orders

    Shall be placed on www.BioKix.com  For orders to be accepted and processed, purchaser shall agree to these Terms and Conditions notwithstanding any contrary terms and/or agreements contained in any other document. 

    No modification or addition hereto shall be effected by acknowledgement or acceptance of purchase orders containing additional or differing terms. BioKix LLC may modify or amend these terms and conditions by giving Customer thirty (30) days written notice by mail, and such terms and conditions shall be effective 30 days after the date of such notice.

    Payment

    Customer shall print their invoice that is available from www.BioKix.com after an order is made from www.BioKix.com.  Invoices will not be mailed to customer. 

    Two Discount coupons are available that are in addition to volume discounts shown live on website. The two coupons can be combined.

    1. Repetitive customer discount.  Customer must make volume purchases multiple times in a year.
    2. Fast pay discount.  Taken at point of order and earned when payment is made within 10 days of receipt of goods.

    All payments are otherwise net 20 days. If payment is not made when due, a late payment charge on the past due balance will be assessed monthly at a rate of one percent (1%) (twelve percent (12%) per annum) or the maximum rate allowed by law.

    Preferred payment is credit card processed through this ecommerce website.

    Products can be purchased through this website without use of a credit card as individually approved.

    Credit Availability

    Completion of a Credit Application by Customer in no way obligates BioKix LLC to extend credit to Customer. If, however, credit is extended and Customer fails to make payment as agreed, or if BioKix LLC, in its sole discretion, has any doubt at any time as to Customer’s financial standing, BioKix LLC may  refuse  to  make further  deliveries  to  Customer,  and/or may  require  receipt  of  cash  or satisfactory security before releasing any shipment.

    General

    Until further notice, the products offered through this website are to be used in the United States only.

    Note: Some states require products that treat waste, where treated waste would travel into municipal waste water treatment facilities, to be pre-approved.  Customer agrees to not use or sell BioKix products where they would or could enter a municipality’s waste treatment plant or enter such treatment facilities through sewer lines.  

    Customer agrees to not make reference to BioKix in any label applied to repackaged product.

    Legal Notice

    All notices from BioKix LLC to Customer may be made by email and will be deemed delivered immediately after being sent. Notices from Customer to BioKix LLC  shall be made by e-mail (Fred@BioKix.com).

    Delivery shall be deemed to have been made by Customer to BioKix LLC five (5) days after the date sent.

    Copyright

    All content appearing on this Web site is the property of BioKix LLC.

    Use Of Site

    This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.  BioKix LLC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if.  BioKix LLC believes that customer conduct violates applicable law or is harmful to the interests of BioKix LLC and its subsidiaries.

    Privacy Policy

    BioKix LLC  only uses your name and address to send you the products you ordered and to let you re-order more easily. BioKix LLC does not store credit card information nor key credit card information into the shopping cart for you.

    Credit card information goes directly into the secure payment gateway according to Payment Card Industry standards. 

    Warranty:  

    BioKix LLC warrants that the microbes in this product thrive in proper conditions such as lagoon temperatures staying between 45oF and 120oF and pH staying between 5 and 9.5 and results can vary based on conditions. 

    BioKix LLC warrants that the manufacturing of products has third party certification for Hazard Analysis Critical Control Points (HACCP) that meet customer needs for GMP and FSMA requirements. The scope of the certification covers all products including the Bacillus fermentation and processing and provides assurance that all products are manufactured in appropriate conditions to support the highest standard of safety.

    BiioKix LLC warrants that a Certificate of Analysis will be provided on every shipment that reports bacteria plate counts and verifies that products shipped are salmonella and coliform (e coli) free. The analysis is done after manufacturing and before shipping.

    An implied warranty does not exist on products where BioKix LLC cannot control conditions. The product has to be stored in a cool dry location and the strength and bacteria counts can be affected by storage conditions. Best results are achieved if first treatment is equal to four (4) times the monthly treatment and if a lagoon has not been treated for three (3) months, the next treatment should be as if it were the first treatment.  Treatment should be every four weeks (28 days). Lagoon temperatures need to be between 45oF and 120oF and pH staying between 5 and 9.5 and results can vary based on conditions.

    Government Approvals:

    BioKix LLC is not aware of requirements to register its products or have its products approved by state or local governments if in their application, they do not enter municipal sewer systems or waste water treatment plants. BioKix LLC believes Florida, Washington, and Massachusetts are three states that do have such regulations and others could also have them or add them. It shall be the Customer’s responsibility to register product as needed in each state. It shall be the end user’s responsibility to use BioKix products in a manner that does not infringe on local laws, regulations, and third party rights.

    Required safety warnings are included on labels.

    Limited Liability:  Customer and BioKix LLC shall not be liable for any penalties, incidental or consequential damages.  The product treats waste stored in lagoons and is not connected with production or other revenue generating equipment. It does not contain corrosive elements such as acid or alkali. It does not add anything to a lagoon that would increase damage to a pump or tractor that might be used remove waste from a lagoon. Therefore, except in the event of gross negligence or willful misconduct, or in the event of its failure to comply with OSHA, BioKix LLC liability for any loss or damage arising out of or in connection with or resulting from this Agreement or from the performance or breach thereof shall in no case exceed two (2) times the price of the particular goods, or unit thereof, giving rise to the claim.  

    Shipping Delays:  Neither Party shall be held responsible or liable for any loss, detention, or delay caused by fire, strike, flood, insurrection, riot, or other cause which is unavoidable or beyond reasonable control that prevents from shipping product.

    Default:  If Customer’s account is placed with an attorney for collection, Customer agrees to pay all late charges, reasonable attorney’s fees and all costs and expenses of collection, to the extent permitted by law.

    Jury Waiver:   Customer hereby waives the right to trial by jury of any matters arising out of this agreement or the transactions contemplated hereby.

    Severability: If any terms and conditions contained herein are determined by a court of competent jurisdiction to be in conflict with applicable law, that term and condition shall be considered changed or omitted to conform with said law and all other terms and conditions remain in full force and effect.

    Enforcement: Failure of BioKix LLC to require strict performance of any term or condition herein, or to exercise any right or remedy shall not be deemed a waiver of any right or remedy or of any existing or subsequent breach or default, the election by BioKix LLC of any particular right or remedy shall not be deemed exclusive of any other, and all rights and remedies of BioKix LLC shall be cumulative.

    Choice Of Law: The parties hereby agree that this Agreement shall be governed by the internal laws of the State of New Hampshire, including without limitation, its conflicts laws.

    Governing Law: In the event of litigation both parties agree that the Law of the State of New Hampshire shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury. 

    Shipping & Delivery

    BioKix LLC provides free shipping within the 48 contiguous states within the United States.

    Sales Tax

    Currently BioKix LLC does not charge Customer tax for any purchase made on this website. However, E-commerce laws change often and at some point products ordered on this Web site may be taxed at the rate applicable to state sales tax rate and the location to which the order is being shipped or whatever tax rates new laws on Internet purchases may require. BioKix LLC does not sell to end users and customers must declare themselves as an end user if that is the case.

    Miscellaneous

    VOID WHERE PROHIBITED. Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. BioKix LLC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.