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 be emailed an order confirmation and an invoice.

Two Discount coupons are available for orders of at least $2500. The two coupons can be combined.

  1. Volume discount.  Customer must make the minimum $2500 purchase.
  2. Fast pay discount.  Taken at point of order and earned when payment is processed 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 may be assessed monthly at a rate of one percent (1%) (twelve percent (12%) per annum) or the maximum rate allowed by law.

There are two payment options:

  1. Direct deposit transfer.
  2. By check.

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.

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 or to re-sellers. However, E-commerce laws change often and at some point products ordered by end-users 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.

Government Approvals:

BioKix LLC products have 3rd party certification for Hazard Analysis Critical Control Points and comply with requirements for risk-based preventive controls mandated by FDA Food Safety Modernization Act’s (FSMA) modernized Current Good Manufacturing Practices (CGMPs).

  • Typically, regulatory agencies look to compare the safety of the species name on the label to regulatory-approved lists such as AAFCO-approved (sometimes referred to as GRAS) or EFSA QPS lists.
  • BioKix products exceed those requirements.
    • Each strain in a BioKix product is carefully analyzed to detect the presence of potential toxin genes.
    • The genomes of strains are sequenced to make sure they don’t have any problem genes.
    • Each and every lot of product is cultured to insure purity from known pathogens.

This is done for the safety of customers and the safety of employees who have to handle these strains at a level 1000 times higher than that found in the final BioKix products.

A Certificate of Analysis will be available 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.

Required safety warnings are included on labels.

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 directly enter municipal sewer systems or waste water treatment plants.

 

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.

Warranty:

The products available from BioKix have been used successfully for many years to treat difficult wastewater challenges. 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.  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 maintenance treatment and if a lagoon has not been treated for three (3) three maintenance periods, the next treatment should be as if it were the first treatment.

BioKix LLC warrants products be be salmonella and coliform (e coli) free and to have stated strength as measured in CFU per gram.  Because lagoon or pit temperatures, pH, storage conditions, and consistency of application cannot be controlled by the quality of the product itself, BioKix LLC makes no additional express or implied warranty.

Limited Liability:  Customer and BioKix LLC shall not be liable for any penalties, incidental or consequential damages.  The product treats waste stored in lagoons or pits.  It does not contain corrosive elements such as acid or alkali. It does not add anything to a lagoon that would increase risk of damage to a pump or tractor that might be used to remove waste from a lagoon. Therefore, except in the event of gross negligence or willful misconduct, 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 the equivalent cost of product used by end-user in a 6 month period immediately prior to incident 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.

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.