Metagenics' Policies

Internet Policy

Dear Valued Customer,

A large and growing number of people currently use the Internet on a regular basis to research questions regarding healthcare, and surveys indicate their healthcare decisions are influenced by what they find. Because of this, many practitioners have begun using the Internet as a marketing and communication tool.

While Metagenics is always interested in supporting our customers in their efforts to market themselves, their practice and their services, this support must be consistent with our long-standing commitment to all licensed healthcare professionals to guarantee only professional sale and distribution of our products.

Metagenics products are sold exclusively to healthcare practitioners, for use with their patients. The Metagenics brand is not sold to exclusively retail outlets, nor do we allow our existing healthcare practitioners to set up retail stores for the sale of Metagenics products to the consumer at large. It is very important to us to honor our commitment to our current customers and ensure that Metagenics’ brand products are not offered through the retail-like structure of the Internet for sale to the general public, but rather are sold to patients by their health care providers after appropriate consultation. For this reason we have found it necessary to carefully describe how our customers may use Metagenics trademarks, copyrights and other intellectual property on Internet Web sites.

If you currently have a Web site, or are planning to launch one in the future, the enclosed Notice outlines our policy to ensure that Metagenics brand products are only distributed for sale to patients by their health care practitioners. Please read this Notice carefully. Key points include:

Sincerely,
Metagenics, Inc.

Metagenics' Copyright Policy & Disclaimer

Thank you for visiting Metagenics’ Web site. The content, arrangement and layout of this site, including, but not limited to, the trademarks and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.

The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any health care questions you may have.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Metagenics' Customer Policy

To ensure proper use of Metagenics' high quality nutriceuticals, we only sell to licensed health care professionals. If you would like to become part of our family of customers, the applications in this section can be printed, filled out and faxed to our Customer Service Department. If you are in the territory of one of our three United States regional distributors, your information will be forwarded to your distributor.

If you are not a health care professional, we would be happy to provide you with the names and contact information of several practitioners in your area. If you are a practitioner and would like to be added to our referral list, please contact our office or that of your distributor.

Metagenics' Vendor Policy

Terms and Conditions
1. Acceptance.

This order is Metagenics’ offer to purchase from vendor the goods and/or services described on the reverse hereof. This order is conditioned upon Vendor’s acceptance of all terms and conditions contained in or attached to this order. Any changes or additions to the terms or conditions in any oral or written communication shall not be effective or binding, nor shall it change the terms or conditions of the Purchase Order, unless agreed to in writing and signed by Metagenics.

2. Shipping.

Unless otherwise stated in writing on this Purchase Order, goods shall be shipped F.O.B. Destination via the cheapest common carrier, prepaid and uninsured. Vendor shall bear all risk of loss, injury, or destruction of goods, until acceptance thereof by Metagenics, except loss or injury caused by Metagenics’ own actions.

3. Price and Payment.

Price shall be the amount stated on this Purchase Order, or in the event that none is stated, the last written quote, or the last amount billed for identical goods, whichever is lower, or if none, the prevailing market price. Determination of cash discounts shall be based upon the date of acceptance of goods, or receipt of a correct invoice, whichever is later. Payment shall be remitted by Metagenics by the U.S. Mail. Vendor shall be responsible to pay all taxes arising out of the sale of goods and services to Metagenics, except that Metagenics shall pay any sales and use taxes from which it is not exempt, which are typically charged to a buyer under the circumstances.

4. Quality Standards.

Metagenics requires the highest standards of quality and performance for its products. The goods being purchased must meet standards required by Metagenics.

5. Warranties.

The goods shipped shall be subject to the following warranties in addition to any and all other warranties provided by law, or otherwise made by vendor.

5.1 Title.

Vendor shall deliver goods free and clear of all liens, encumbrances, or claims of others.

5.2 Fitness for Use.

Vendor is aware of the use to be made of the goods, and the goods are fit for particular use.

5.3 Merchantability.

The goods are of merchantable quality.

5.4 Specification.

The goods shall be manufactured or were manufactured pursuant to specifications and under strict quality control standards of Vendor in accordance with CGMP.

5.5 Patent and Trademark.

Actions by the Vendor in performance of this Purchase Order do not infringe upon patents of trademarks.

5.6 Non-Limitations.

Nothing herein is intended to limit Metagenics’ right to damages, as a result of any defect or breach or warranty.

6. Rejection and Cancellation.

All goods shall be subject to Metagenics’ Inspection and acceptance. Goods rejected by Metagenics shall be held, transported, or stored at Vendor’s expense which shall be promptly reimbursed by Vendor. Metagenics may cancel the remainder of any order after a partial nonconforming shipment has been received. Metagenics may also cancel any order at any time before partial completion is made by Vendor. Seventy-two (72) hours shall be a reasonable time to inspect for patent defects. Latent defects shall be determined after reasonable time for inspection and testing.

7. Privacy.

No publicity or advertising shall contain reference to Metagenics, unless Metagenics has consented in writing.

8. Disclosure and Ownership.

All product specifications supplied to Vendor shall be the property of Metagenics, Vendor shall not release data, specifications, formulations, or other information to any third party, shall treat the same as a trade secret, and shall take necessary steps to protect the trade secrets of Metagenics.

9. Time is of the Essence.

Delivery time is of the essence of this contract. Failure to deliver in a timely manner shall be grounds for cancellation and may entitle Metagenics to such damages as are incurred as a result thereof.

10. Default.

In the event of default, the Parties shall have all rights and remedies set forth by the Uniform Commercial Code as adopted by the State of California, which shall not be deemed to limit the rights to cancel, in whole or part, and procure goods from an alternate source, seek damages therefore, and the default shall not excuse delivery of the remainder of any part of this Purchase Order, without notice by non-defaulting Party.

11. Waiver.

Metagenics’ waiver of any breach or failure of terms of this Purchase Order shall not in any way, effect, limit, or waive Metagenics’ right thereafter to enforce and compel strict compliance with every term, condition and specification for the remainder of this Purchase Order or other purchase orders.

12. Governing Law and Attorneys’ Fees.

The laws of the State of California shall govern this Purchase Order. Venue for any action brought hereunder shall be in the County of Orange. In the event of action to enforce any term, condition or covenant or to recover damages arising from breach, the prevailing party shall be entitled to recover reasonable attorney’ fees.

13. Compliance with Law.

Unless excepted by law, Vendor certifies that it has complied with all governmental regulations, with Equal Pay Act, Age Discrimination Employment Act, all Executive Orders, Equal Employment Opportunity provisions, non-segregated facilities and affirmative action. Vendor has also complied with all applicable FDA regulations, if any. Certification of conformance shall be given upon request by Metagenics.

14. Entire Agreement.

The terms of this Purchase Order constitutes the entire agreement of the Parties. It is not assignable and may not be changed or amended without written consent of Metagenics.