Terms of Sale
These Terms of Sale (“Terms of Sale”) govern your purchase of Products through this website (the “Website”) operated by Access Bio, Inc. and its affiliates (collectively, “Access Bio,” “we,” “us,” or “our”). These Terms of Sale are incorporated into and form a part of our Terms & Conditions (the “Terms & Conditions”) and Privacy Policy (the “Privacy Policy”), available on the Website. Capitalized terms used but not defined in these Terms of Sale have the meanings given to them in the Terms & Conditions.
By placing an order for Products through the Website, you agree to be bound by these Terms of Sale and the Terms & Conditions in their entirety. If you do not accept these Terms of Sale, you must not purchase Products through the Website. In the event of any conflict between these Terms of Sale and the Terms & Conditions, these Terms of Sale shall control with respect to the purchase, sale, and fulfillment of Products.
1. Eligibility
You must be at least eighteen (18) years old to purchase the Products through the Website. By placing an order, you represent and warrant that you are at least 18 years old and are legally capable of entering into a binding agreement. Products sold through this Website are intended to be sold and used only within the United States and its Territories.
2. Medical Disclaimer
Products must be used only in accordance with their applicable labeling, instructions for use, and any FDA authorization or clearance applicable to the Product. Information provided on the Website regarding Products is for general informational purposes only and does not constitute medical advice. If you have questions regarding the appropriate use of the Product or the meaning of a test result, you should consult a qualified healthcare professional. Any and all disclaimers set forth in the Terms & Conditions applies fully to your purchase and use of Products.
3. Order Acceptance
All orders placed through the Website are subject to acceptance by Access Bio. Receipt of an order confirmation does not constitute our acceptance of your order; it constitutes only confirmation that we received your order. We reserve the right to cancel or refuse any order due to product unavailability, suspected fraud or unauthorized transactions, inaccurate pricing, typographical errors, or other errors in product or order information. We further reserve the right to correct inadvertent typographical errors, inaccuracies, or omissions related to pricing or availability at any time, including after an order has been submitted. If your payment has already been processed for a canceled order, we will issue a refund in the amount charged. Requests to modify order details must be submitted promptly after the order is placed. Once an order has entered fulfillment or has been shipped, changes are not possible.
4. Pricing and Payment
All prices are listed in U.S. dollars. Applicable sales tax will be calculated and added to your order where required by law, based on the delivery address. Payment must be completed at the time of purchase through the payment methods available on the Website. Payments are processed through secure third-party payment providers. Access Bio does not store full payment card information on its systems. Access Bio is not responsible for the independent acts, omissions, outages, or security practices of third-party payment providers, except to the extent required by applicable law.
By submitting an order, you represent and warrant that: (i) the payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such payment instrument for the purchase; (iii) charges incurred by you will be honored by your credit card company or financial institution; and (iv) you will pay all charges incurred by you, including applicable shipping and handling charges and all applicable taxes, at the time of your order.
5. Shipping
5.1 Shipping Destination. Access Bio currently ships order within the 48 contiguous U.S. states and Washington, D.C. We do not ship to Alaska, Hawaii, Puerto Rico, other U.S. territories or protectorates, PO Boxes, APO/FPO addresses, or international destinations.
5.2 Order Processing. Orders are typically processed within one (1) to three (3) business days after the order is placed, depending on product availability and order volume. Orders placed before 3:00 PM Eastern Time may, in some cases, be processed on the same business day if items are in stock; orders placed after this time will generally be processed within the following one-to-three business days. Business days do not include Saturdays, Sundays, or U.S. federal holidays. While we strive to process orders promptly, shipment is not guaranteed within one-to-three business days. Any processing or delivery time stated on the Website is an estimate only and is not guaranteed. If we expect a material delay in shipment beyond the timeframe stated at checkout or otherwise communicated to you, we may contact you using the contact information provided with your order to notify you of the revised shipping timeline, as required by applicable law.
5.3 Shipping Methods and Carriers. Subject to Access Bio’s discretion, all orders are shipped via FedEx or other carriers at Access Bio’s discretion. Available shipping methods include, but may not be limited to, FedEx Ground, with delivery typically within approximately four (4) to seven (7) business days from the date of shipment. Delivery times are estimates and may vary depending on the shipping address, weather conditions, carrier operations, and other circumstances beyond our control; and is also contingent upon product availability.
5.4 Shipping Costs. Shipping charges are calculated based on order weight, quantity of products ordered, and the delivery address. Shipping costs will be displayed during checkout prior to order confirmation. Access Bio generally offers free shipping on orders of $25.00 or more; however, the minimum order amount required to qualify for free shipping may vary from time to time in Access Bio’s discretion. Any applicable free shipping offer and qualifying minimum order amount will be displayed at checkout at the time of purchase.
5.5 Incorrect Shipping Address. Customers are responsible for providing an accurate shipping address at checkout. Once an order has been released for shipment, address changes, rerouting, or carrier intercept requests may not be possible and are not guaranteed. If an incorrect address was provided, the customer may contact the carrier directly to request assistance. Access Bio is not responsible for replacement of orders shipped to an address provided incorrectly by the customer.
5.6 Risk of Loss. Once Access Bio transfers Products to the carrier, risk of loss passes to the customer to the extent permitted by applicable law. If a package is marked as delivered by the carrier but cannot be located, the customer should contact the carrier promptly to initiate a trace or investigation. Upon request, Access Bio may provide reasonable assistance by supplying order or shipment information.
6. No Returns or Refunds
Due to the nature of diagnostic products, all sales are final. Access Bio does not accept returns for purchased Products and does not provide refunds, except as otherwise required by applicable law or expressly provided in Section 7 (Replacement Policy) below.
7. Replacement Policy
Replacement Products may be provided for items that are confirmed to be damaged or defective upon delivery, subject to the terms of this Section.
7.1 Reporting Damaged or Defective Products. If a Product arrives damaged or defective, you must contact Access Bio customer service within fourteen (14) days of the date of delivery. Reports submitted after this fourteen-day period may not be eligible for replacement.
7.2 Required Documentation. To process a replacement request, you may be asked to provide: (a) photographs of the damaged or defective Product; (b) photographs of the product packaging; (c) other relevant proof of damage or defect, and (d) order confirmation information.
7.3 Eligibility Determination. Access Bio reserves the right to determine eligibility for replacement after reviewing the submitted information. Approved replacements will be shipped using the standard shipping method available at the time of processing; but Access Bio may select a different shipping method at its discretion. Access Bio reserves the right to limit or deny replacement requests in cases of suspected misuse, abuse, or fraudulent claims.
8. Product Use and Prohibition of Resale
You agree to use all Products in accordance with the instructions provided with the product labeling and packaging and in accordance with any applicable FDA authorization or clearance. Resale of the Product is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party). Access Bio reserves any and all rights to take any and all required actions in connection any purchase, including any notification to the FDA, if Access Bio reasonably determines that any Product purchased is intended to or has been be resold. In addition, Access Bio is not responsible for the customer’s misuse of the Products, improper storage, or use inconsistent with product labeling or applicable instructions for use.
9. Force Majeure
Access Bio shall not be liable or responsible, or be deemed to have breached these Terms of Sale, for any failure or delay in fulfilling or performing any obligation under these Terms of Sale when and to the extent such failure or delay is caused by or results from circumstances beyond Access Bio’s reasonable control, including without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades; (f) strikes, labor stoppages or slowdowns, or other industrial disturbances; (g) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (h) other similar events beyond Access Bio’s reasonable control. Access Bio will use diligent efforts to end the failure or delay, minimize its effects, and resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
10. General Provisions
10.1 Indemnity. You agree to defend, indemnify, and hold harmless Access Bio, our officers, DIRECTORS, members, managers, employees, partners, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (a) your violation of thE TERMS OF SALE OR TERMS & CONDITIONS, (B) your violation of any law or the rights of any third party, and (C) your negligence or willful misconduct WITH RESPECT TO THE USE OF THE products. Access Bio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Access Bio in asserting any available defenses.
10.2 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ACCESS BIO BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEPT FOR ACCESS BIO’S NEGLIGENCE, RECKLESSESS, OR INTENTIONAL MISCONDUCT OR AS OTHERWISE REQUIRED BY LAW, OR AS OTHERWISE EXPRESS STATED IN thE TERMS OF SALE, TERMS & CONDITIONS, OR PRODUCT LABELING. OTHERWISE, IF YOU ARE DISSATISFIED WITH THE PRODUCT, thE TERMS OF SALE OR TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCESS BIO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OR USE OF THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCESS BIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SUBJECT TO THE APPLICABLE LAWS, PRODUCT LABELING, AND AS OTHERWISE EXPRESSED IN THE TERMS OF SALE, OR TERMS & CONDITIONS, IF YOU ARE DISSATISFIED WITH THE PRODUCT, thE TERMS OF SALE, OR TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE PRODUCTS.
10.3 For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST ACCESS BIO.
10.4 Governing Law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the New Jersey without reference to its conflicts or choice of law principles. Any arbitration or state court proceeding in connection with this Agreement will take place in Somerset County, New Jersey, and you otherwise hereby consent to the exclusive jurisdiction and venue of the state or federal courts in New Jersey. You irrevocably submit and consent to the personal jurisdiction of such courts.
10.5 Dispute Resolution. To the extent feasible, the parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access to the Services, the purchase or use of the Products, Access Bio Materials, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If we are not able to resolve any Dispute ourselves, you and Access Bio agree to resolve such Dispute through confidential binding arbitration as set forth below.
10.6 Binding Arbitration. If you and Access Bio are unable to resolve a Dispute through informal negotiations, either you or Access Bio may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Access Bio may litigate in a court of competent jurisdiction to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
10.7 Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury and any right that you may have under Article 13 of the State Bar Act of California to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
10.8 Relationship to Terms & Conditions. These Terms of Sale are incorporated into and subject to the Terms & Conditions as though fully set forth herein.
10.9 Changes to These Terms of Sale. Access Bio reserves the right to update or modify these Terms of Sale at any time. Changes will become effective immediately upon posting on the Website. Your continued purchase of Products after any changes are posted constitutes your acceptance of the revised Terms of Sale.
11. Contact Us.
If you have questions regarding shipping or replacements of Products, please contact:
Access Bio, Inc.
7 Fitzgerald Ave
Monroe Township, NJ 08831
Tel: (732) 873-4040
Email: TShelp@accessbio.net
12. Last Updated
April 15, 2026
No representations or claims regarding Access Bio products are intended to substitute for professional medical advice. Access Bio recommends that you always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical question or condition.
