Our customers are always our highest priority
At Werfen, we take pride in offering the best quality support and customer resources to meet the highest standards.
Our Ordering Department handles purchase requests for instruments, reagents, supplies and service contracts.
To place an order:
- Call us at 800-955-9525, option 1; Monday-Friday, 8:00AM-6:00PM, ET.
- Fax us at 781-861-6135
- E-mail orders to email@example.com
- Enroll in our EDI program; e-mail us at firstname.lastname@example.org for information.
Orders received by 2:00PM ET are shipped the same day, via two-day delivery service, unless otherwise noted.
- Hazardous materials are shipped according to transportation guidelines and therefore, cannot be shipped via two-day service.
- Refrigerated and temperature-sensitive products are shipped Mondays–Wednesdays only, to avoid weekend delivery issues and ensure product integrity.
If you require emergency shipment, please contact us at 800-955-9525 for options.
Expiration Dating and Sequestering
- Reagents and supplies with shelf-life limitations are shipped with an expiration of 90 days or more.
- Controls and calibrators are shipped with an expiration of 30 days or more.
- Specific lots of controls and calibrators can be sequestered for up to 12 months, upon receipt of associated purchase order.
- If there is an error with your order, please notify us within 10 days of receipt. Werfen will issue a return-authorization number for free shipping return.
- Upon receipt of the returned item, Werfen will issue a credit (if applicable).
- Returned items must be unopened and in their original packaging. Any products with customer markings on packaging cannot be returned for credit.
- Hazardous material, refrigerated and date-sensitive products are not eligible for return.
Click here for IRS Identification Number and Certification: W-9 Form
All services provided by Werfen and/or its affiliates (collectively, “Werfen”) are subject to the following terms and conditions. Customer’s acceptance of the services (the “Services”) described in any Werfen service agreement, quotation, sales order acknowledgment, invoice or other contract documentation provided by Werfen to which these terms and conditions are attached or incorporated by reference (collectively, the “Quote”) shall constitute Customer’s agreement and acknowledgment that the Quote together with these terms and conditions constitute a binding agreement (this “Agreement”) between Customer and Werfen exclusively governing the terms of the provision of such Services. Except as expressly agreed by an authorized representative of Werfen in writing, no other terms and conditions, including any terms and conditions attached to, or contained within, Customer’s request for quotation, acknowledgment, purchase order or other contract documentation shall apply, and the terms of this Agreement shall supersede any such terms and conditions.
1. TERM, TERMINATION AND PAYMENT
The effective date, contract period, and annual contract price of the Agreement are as indicated on the Werfen Quote. Werfen shall issue an invoice within 30 days of the effective date indicated on the Quote and all payments are due in full within 30 days from the invoice date. Werfen may terminate this Agreement in the event Customer materially breaches this Agreement. Customer may terminate this Agreement at any time upon 30 days’ written notice. If Customer terminates before the end of the contract period, a prorated refund or credit, based on the last day of the month or partial month following notice, of the most recent prepaid annual fee will be returned to Customer, minus the cost of actual Services rendered at Werfen’s current service rates, including but not limited to any preventative maintenance performed.
2. SERVICE PLANS
FIELD SERVICE (Hemostasis, Autoimmune, ROTEM, GEM Premier Instruments (most locations))
TOTAL SERVICE AGREEMENT PLAN: If a Total Service Agreement Plan is specified for equipment in the Quote, Werfen will provide, at the installation site, all necessary labor and parts (new or remanufactured as determined by Werfen) necessary to restore the covered equipment to operation in accordance with its specifications during the term of the Total Service Agreement Plan. Parts which are considered by Werfen as expendables or consumables are not included. Any equipment parts replaced by Werfen will become property of Werfen. Werfen will respond to Customer (including by telephone) within 24 hours of Customer’s repair service request. All on-site service is provided during normal business hours, Monday through Friday excluding holidays, from 8am to 5pm unless otherwise agreed by Werfen. Depending on the model of equipment, Werfen will perform preventative maintenance calls, which include all necessary parts and labor. As part of the preventative maintenance, Werfen will evaluate performance of the equipment as compared to its specifications.
TOTAL SERVICE & ACCESSORIES PLAN: (Werfen Hemostasis instruments only) If a Total Service & Accessories Plan is specified in the Quote, this option shall be available and shall, in addition to the Services included in the Total Service Agreement Plan, include a maximum of one replacement per year for any uninterruptible power system (“UPS”) and printer that shipped with equipment covered by the Total Service Agreement Plan during the term of the Total Service Agreement Plan.
DEPOT SERVICE (applicable to GEM Premier (remote locations only), HemoChron, VerifyNow and Avoximeter Instruments only (collectively “Depot Instruments”)) Customer shall return the instruments covered by Depot Service to Werfen and Werfen will provide all necessary labor and parts to restore the covered equipment to operation in accordance with its specifications during the term of the Depot Service Agreement. Any parts replaced by Werfen will become property of Werfen. Werfen will verify performance of the equipment to its specifications before returning the equipment to Customer. Werfen will issue a Return Goods Authorization (RGA) number before shipment of the equipment to Werfen and provide a prepaid label for the return of the equipment. Werfen is not responsible for damages or losses that may occur during shipment to Werfen. Where applicable and subject to signing a Loaner Agreement, a loaner instrument may be provided for Customer’s use while the covered equipment is under repair at Werfen’s facilities.
3. SOFTWARE SERVICE PLANS (GEMWeb Live, GEMWeb Plus, Synapse Link, HemoHub, QUANTA Link, ROTEM Live)
- Remote delivery preventative maintenance (includes operating system patching/updating; application software updates (not upgrades); third party application patching; and server health check) (each service may be completed no more than once per contract period as indicated in the Quote)
- Interconnecting additional Werfen devices
- Remote troubleshooting (24/7 Basic and Advanced support; 8x5 Complex support; and remote password recovery)
- IT Workflow configuration changes
- Remote delivery preventative maintenance (includes operating system patching/updating; application software updates (not upgrades); third party application patching; and server health check) (each service may be completed no more than four times per contract period as indicated in the Quote)
- Interconnecting additional Werfen devices
- Remote troubleshooting (24/7 Basic and Advanced support; 8x5 Complex support; and remote password recovery)
- IT Workflow configuration changes
- On-site technical support (limited to twice per contract period as indicated in the Quote)
- Custom reporting and data extraction
- Data recovery
4. CUSTOMER’S REPRESENTATIONS, WARRANTIES AND OBLIGATIONS
If applicable, Customer must make the equipment and/or software covered under this Agreement available for servicing at the time of each scheduled preventative maintenance or emergency service call for onsite service. Werfen will contact Customer to set a mutually agreeable date and time for each service visit.
Customer must, and expressly agrees to, perform routine maintenance recommended in Werfen instruction manuals for the equipment covered by an Instrument Service Plan, and use only the expendables, consumables and reagents with the equipment that are set forth in the manuals for the covered equipment. Customer understands that failure to comply with these requirements may result in a voiding of the equipment’s warranty and a termination of the Services. Customer warrants that any equipment covered under this Agreement that is not under its original equipment warranty is in normal operating condition performing in accordance with its specifications and not in need of overhaul or immediate repair prior to acceptance of this Agreement by Customer.
Customer further agrees to furnish (or reimburse Werfen for) parts and services, which are required as a result of the following in connection with equipment or software covered by the Services (collectively, the “Excluded Causes”):
- Customer neglect, misuse, or improper operation of the covered equipment;
- Accident, fire, water, vandalism, electrical power failure or other casualty;
- Service delays caused exclusively by Customer;
- The action of any persons other than a Werfen authorized Service Representative;
- Customer’s failure to perform routine maintenance;
- Modification of the equipment covered by this Agreement without the prior written approval of Werfen;
- Unsuitable environmental conditions as detailed in Werfen documentation;
- The use of expendables, consumables or reagents that are not included in the equipment manuals;
- The installation of third-party software or updates without the prior written approval of Werfen; or
- Customer’s failure to implement any software updates, patches, or other preventative maintenance measures recommended by Werfen.
Customer agrees that Werfen shall not be responsible for any costs incurred by Customer as a result of any Excluded Causes, including, without limitation, costs associated with remedial measures or work performed by third parties.
Customer agrees that it will, to the extent possible, avoid disclosing or providing access to any protected health information (“PHI”), as that term is defined in 45 CFR Part 160, to Werfen in connection with Werfen’s provision of any Services under this Agreement. To the extent the provision of Services does require Werfen’s access or use of Customer PHI, the parties will abide by the terms of any applicable Business Associate Agreement.
Customer acknowledges and agrees that any software covered by a Software Service Plan is being licensed, not sold and all rights, title and interest therein shall remain with Werfen and/or its third-party licensors. Use of the software shall be in accordance with the applicable software license delivered with the product.
Werfen may require Customers to update software in order to perform Services under this Agreement. Werfen reserves the right to provide Customer an end-of-life announcement with respect to its software. In the event the Customer does not update the software in accordance with Werfen request, Werfen may, at its option, (i) cancel this Agreement or (ii) remove any affected software from coverage under this Agreement, with a corresponding pro-rated adjustment of the annual Agreement price. Werfen will use commercially reasonable efforts to provide Service or parts on a time and materials basis only, at Werfen’s current rates, for any software subject to an end-of-life announcement.
5. RESTRICTIONS AND EXCLUSIONS
Any instrument or software covered by this Agreement must have been purchased directly from Werfen or through an authorized Werfen distributor. Unless otherwise expressly agreed to in writing by Werfen, Werfen will not repair or service instruments or software purchased through the internet, bankruptcy sales, or any other means. Werfen reserves the right to deem an instrument unrepairable. In this event, any remaining term under this Agreement may be transferred to a new serial number of the same model instrument.
The following are not covered Services: (1) parts and services other than those described in Sections 2 and 3; (2) consumables, reagents or expendable parts; (3) the moving, decontamination, de-install or re-install of equipment covered by this Agreement; (4), UPS and printers unless covered by a Total Service & Accessories Plan; or (5) Service on national holidays.
All services and parts furnished by Werfen outside the scope of this Agreement will be billed at Werfen’s then current charges for such services and parts. If at any time after arrival at Customer’s facility, Werfen’s service representative is unable to proceed with repair service due to delay or causes by Customer, Werfen will charge Customer for such delays or causes at Werfen’s then current charges. Service for accessories (UPS or printers) or other existing equipment may be added to the Services covered by this Agreement by mutual written consent of the parties in writing, subject to additional charges mutually agreed upon by the parties.
6. WERFEN’S REPRESENTATIONS AND WARRANTIES
Werfen represents and warrants that all Services under this Agreement will be performed in a professional and workman-like manner by personnel that have been trained to perform the Services, and as described in any applicable Quote. The sole obligation of Werfen shall be to repair or replace any non-conforming equipment or part covered by an Instrument Service Plan during the term of the Agreement as indicated in the Quote. For software covered by a Software Service Plan, Werfen’s sole obligation shall be to restore the functionality of the software in accordance with applicable technical specifications during the term of the Agreement as indicated in the Quote. This warranty shall not be deemed to have failed of its essential purpose as long as Werfen is willing and able to repair or replace any non-conforming equipment, software, or part covered by the Agreement. In the event that equipment covered by the Agreement cannot be repaired, Werfen reserves the right to provide to the Customer: (a) a prorated refund or credit of the purchase price of the equipment, or (b) prorated credit towards the purchase of replacement equipment.
Werfen represents and warrants that, as of the date of this Quote neither it nor any of its officers, directors or employees are (i) excluded, (ii) debarred, (iii) suspended, (iv) proposed for exclusion, debarment, or suspension, or (iv) otherwise declared ineligible by any public (federal, state, or local) department or agency from participation in any federal or state medical reimbursement or licensing program. Werfen further represents and warrants that, as of the date of this Quote it is not under indictment or otherwise subject to a criminally or civilly charged by a government entity (federal, state, or local) for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction. Werfen shall notify Customer promptly, in writing, of any change in this warranty during the term of this Agreement. A breach of this provision shall constitute cause by the Customer to immediately terminate this Agreement, without cost or penalty, notwithstanding anything to the contrary in this Agreement.
In its provision of Services under this Agreement, Werfen will comply with the requirements of the Federal Anti-Kickback statute and Physician Payments Sunshine Act, as applicable.
Remote troubleshooting/support provided under a Software Service Plan shall be provided via a secure connection that conforms to generally recognized industry data security standards.
EXCEPT AS EXPRESSLY STATED HEREIN, WERFEN MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO ANY SERVICE RENDERED OR EQUIPMENT, SOFTWARE, PRODUCTS OR PARTS SOLD OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. WERFEN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WERFEN DOES NOT WARRANT THAT ANY SOFTWARE OR SOFTWARE RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
6. INSURANCE AND WORKER’S COMPENSATION
Werfen shall maintain professional, general liability, auto and Worker’s Compensation insurance coverages in amounts generally appropriate for providing the Service under this Agreement.
To the extent permitted by law, in no event shall either party be liable to the other party or any third party for any special, punitive, indirect, incidental or consequential damages of any kind (whether arising in contract, tort, including negligence for any act or omission, strict liability, warranty or otherwise), including, without limitation any anticipated or unanticipated lost production, downtime, loss of profits or goodwill. Without limiting the foregoing, in no event shall Werfen be liable because of delay in Werfen’s service representative in making any instrument or software repair service call. Except in the event of either (1) damage to property or personal injury caused directly by a Werfen representative’s negligence or willful misconduct in connection with performing Services; or (2) Werfen’s gross negligence or willful misconduct in performing the Services (in both cases, as determined by a final non-appealable judicial order), Werfen’s total liability for any claim arising from or related to the Services or this Agreement, whether arising in contract, tort, or otherwise, shall not exceed the amounts paid to Werfen for the Services by Customer under the Agreement in the 12 months preceding the claim.
8. NO PRINCIPAL/AGENT RELATIONSHIP CREATED
This Agreement does not create the relationship of principal and agent or employer and employee between the Customer and Werfen and under no circumstances is either party to be considered the agent of the other. Werfen shall have no authority to assume or create any obligation whatsoever, express or implied, in the name of or on behalf of the Customer.
Neither this Agreement nor any portion of this Agreement may be assigned or delegated by Customer without the prior written consent of Werfen. Any purported assignment or delegation in violation of this section by Customer is void. This Agreement binds and benefits the parties and their permitted successors and assigns.
10. WORKPLACE POLICIES
Werfen shall maintain the cleanliness of Customer’s premises and will comply with all written Customer policies and procedures applicable to third party vendors when providing the Services onsite. For remote troubleshooting services provided under a Software Service Plan, Werfen shall comply with Customer policies and procedures relating to third-party access to Customer’s systems and networks.
- This Agreement together with any Quote constitutes the entire agreement of the parties and supersedes all prior written or oral agreements, communications, and understandings between the parties with respect to the subject matter hereof.
- No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless signed by an authorized representative of both parties.
- The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law.
- This Agreement shall be governed by, construed under and interpreted in accordance with the laws of the state, commonwealth or province of the Customer on the agreement, without regard to its conflicts of law principles.