Terms and Conditions

These Terms & Conditions govern your access to and use of 12panelnow.com and purchases made from 12 Panel Now through our website, telephone, email, quotation, invoice, purchase order, wholesale account, reseller account, private-label program, or other sales channel operated by 12 Panel Now.

By accessing our website, creating an account, submitting an order, approving a quotation or invoice, submitting a purchase order, approving artwork or specifications, or purchasing or using products from 12 Panel Now, you acknowledge that you have read, understand, and agree to these Terms & Conditions.

If you do not agree with these Terms, please do not use the website or purchase products from 12 Panel Now.

1. Products and Product Information

12 Panel Now supplies drug and alcohol testing products, rapid screening devices, collection products and related supplies.

Products sold by 12 Panel Now may have different regulatory classifications, intended uses, specimen types, cutoff levels, certifications, clearances, labeling requirements and restrictions.

Depending upon the individual product, classifications may include FDA Cleared, CLIA Waived, professional-use products, Employment & Insurance products, Forensic Use Only products, and other classifications identified by the applicable manufacturer or product labeling.

Customers are responsible for reviewing the applicable product description, package labeling, instructions for use, package insert, regulatory designation and other documentation before purchasing or using a product.

The classification of one product must not be assumed to apply to another product merely because the products test for similar analytes or appear similar.

2. Customer Responsibility

The customer is responsible for determining whether a product is appropriate for the customer’s intended use, testing program, jurisdiction and end user.

The availability of a product on 12panelnow.com does not constitute a representation that the product may lawfully be used for every purpose, by every user, or in every jurisdiction.

Customers conducting workplace, forensic, correctional, court, insurance, clinical, federally regulated or other specialized testing are responsible for understanding and complying with applicable laws, regulations and program requirements.

3. Product Descriptions and Images

12 Panel Now makes commercially reasonable efforts to provide accurate product descriptions, configurations, cutoff levels, specifications, images, regulatory information, pricing and availability.

Manufacturers may occasionally modify packaging, labeling, materials, components, product design or other non-material product characteristics.

Website photographs may therefore be representative and may not always reflect minor packaging or labeling changes.

Customers requiring a specific cutoff, expiration requirement, regulatory designation, lot specification, configuration, packaging design or other specification should confirm that requirement with 12 Panel Now before ordering.

4. Orders and Order Acceptance

Submitting an order does not guarantee acceptance.

12 Panel Now reserves the right to accept, reject, limit, hold or cancel an order for legitimate business reasons, including product availability, pricing errors, website errors, regulatory concerns, suspected fraud, payment problems, account status or orders inconsistent with a product’s intended use.

If payment has already been received for an order that 12 Panel Now does not accept, the applicable payment will be refunded.

5. Pricing and Errors

We make every reasonable effort to ensure pricing is accurate.

Typographical, programming, inventory, pricing or other errors may nevertheless occur.

12 Panel Now reserves the right to correct such errors and, where appropriate, modify or cancel an affected order before shipment.

Website prices may differ from contract, government, wholesale, distributor, private-label, marketplace, telephone, volume or specially negotiated pricing.

6. Payment

Customers authorize 12 Panel Now and its authorized payment processors to charge the payment method provided for applicable product charges, taxes, shipping and other disclosed charges.

Customers purchasing on approved credit terms must pay according to the applicable invoice or written credit agreement.

Past-due accounts may be placed on credit hold.

To the extent permitted by law, customers may be responsible for reasonable costs associated with collecting undisputed delinquent commercial balances.

7. Taxes

Customers are responsible for applicable sales, use and other transaction taxes unless a valid exemption or resale certificate has been accepted by 12 Panel Now.

Customers claiming tax-exempt or reseller status are responsible for providing and maintaining valid documentation.

8. Shipping and Delivery

Shipping and delivery dates are estimates unless specifically guaranteed in writing.

12 Panel Now is not responsible for carrier delays or circumstances beyond our reasonable control after an order has been properly tendered for shipment, except as otherwise required by law.

Customers are responsible for providing complete and accurate delivery information.

Charges resulting from incorrect addresses, refused shipments, address corrections, redelivery, storage, residential delivery, limited-access delivery, lift-gate service or other additional carrier services may be charged to the customer where applicable.

9. Inspection of Shipments

Customers should inspect merchandise promptly following delivery.

Shipping damage, shortages, incorrect merchandise or other shipment discrepancies should be reported to 12 Panel Now promptly.

Claims involving damaged or defective merchandise should ordinarily be reported within 5 business days of delivery whenever reasonably possible.

12 Panel Now may request photographs, packaging, lot numbers, expiration information, shipping documentation or other information reasonably necessary to investigate the claim.

Customers should retain affected merchandise and original packaging until the claim has been resolved.

10. 30-day Return Policy

Eligible standard products may be returned within 30 days of receipt, subject to the conditions below.

Returned products must be:

Unused, unopened, undamaged, unaltered and in their original resalable packaging.

All original packaging, instructions, seals, accessories and components must accompany the product.

A return authorization from 12 Panel Now may be required before merchandise is shipped back.

Returned merchandise is subject to inspection before a refund or credit is approved.

15% RESTOCKING FEE

Approved returns of correctly supplied merchandise are subject to a 15% restocking fee.

The fee will be deducted from the amount otherwise eligible for refund.

SHIPPING CHARGES ARE NON-REFUNDABLE

Original shipping, freight, handling, expedited delivery and similar transportation charges are non-refundable, except when the return results from a verified error by 12 Panel Now or where otherwise required by law.

Customers returning merchandise because it is no longer wanted or needed are responsible for return shipping.

Customers should use an appropriately insured and traceable shipping method.

12 Panel Now is not responsible for merchandise lost or damaged during customer-arranged return transportation.

REFUND CALCULATION

For an approved standard return, the refund will ordinarily be:

Eligible Product Purchase Price
Less 15% Restocking Fee
Less Non-Refundable Shipping or Other Applicable Charges

Refunds will generally be issued to the original method of payment.

11. Products Shipped in Error

If 12 Panel Now ships merchandise different from what the customer ordered, please notify us promptly.

After verification, 12 Panel Now may provide a replacement, return authorization, credit or refund.

When a return is required solely because of a verified 12 Panel Now shipping error, the 15% restocking fee will not apply, and authorized standard return-shipping costs will be covered by 12 Panel Now.

12. Defective Products

Customers who believe merchandise is defective should discontinue use of the affected product and contact 12 Panel Now promptly.

We may request the SKU, product name, lot number, expiration date, photographs, quantity affected, storage conditions, description of the issue and other information needed to investigate.

Customers should not destroy merchandise involved in a quality complaint unless authorized to do so.

For a verified product defect, 12 Panel Now may, where appropriate, provide replacement merchandise, credit or refund.

The 15% restocking fee does not apply to merchandise verified to have been defective when supplied.

13. Non-returnable Products

Unless otherwise agreed in writing or required by law, non-returnable merchandise includes opened or used products; merchandise with broken or removed seals; expired merchandise; merchandise improperly stored or damaged after delivery; products returned outside the applicable return period; clearance or final-sale merchandise; customized products; special-order merchandise; custom configurations; private-label merchandise; OEM products; customer-specific packaging or labeling; and products manufactured specifically for a customer.

For product-integrity and safety reasons, 12 Panel Now may refuse a return if the condition, storage history, packaging integrity, contamination status or other characteristics of a drug-testing or diagnostic product cannot reasonably be verified.

14. Wholesale, Distributor and Reseller Orders

Wholesale, distributor and reseller customers are subject to these Terms unless a separate written agreement states otherwise.

Eligible non-custom wholesale merchandise may be returned within the 30-day period described above and is subject to the 15% restocking fee and non-refundable shipping provisions.

Truckload, container, special-production, unusually large-volume or specially negotiated transactions may contain separate cancellation and return provisions stated on the quotation, purchase order acknowledgement, invoice or contract.

Specific written terms accepted for such transactions take precedence over conflicting general return provisions.

15. Private Label, OEM and Custom Products

Private-label, OEM, customer-branded, specially configured, specially manufactured and special-order merchandise is generally FINAL SALE AND NON-RETURNABLE.

Customers are responsible for reviewing and approving all artwork, logos, spelling, branding, product configurations, panel configurations, cutoff levels, labels, packaging, quantities, regulatory statements, specifications and proofs.

Once specifications or artwork have been approved and production or procurement has begun, the order may not normally be canceled, returned, refunded or exchanged.

Approval constitutes authorization for 12 Panel Now and/or its manufacturing partners to manufacture or procure merchandise according to the approved specifications.

16. Cancellations

Standard orders may be canceled before fulfillment only when approved by 12 Panel Now.

Orders that have entered fulfillment or have already shipped may no longer be cancelable.

Private-label, custom, OEM and special-order products generally cannot be canceled after approval and commencement of production or procurement.

17. International Orders

Unless otherwise approved in writing, international sales may be final because of customs, regulatory, transportation, product-integrity and re-importation issues.

International customers are responsible for determining whether products may legally be imported, possessed, distributed, sold and used in their jurisdiction.

Customers are responsible for applicable customs duties, import taxes, brokerage charges, registrations, permits and similar requirements unless otherwise agreed in writing.

18. Rapid Drug Tests Are Screening Devices

Unless specific product labeling states otherwise, rapid drug-testing products provide screening results.

A preliminary positive, presumptive positive or non-negative screening result should not automatically be considered a definitive laboratory-confirmed result.

When confirmation is required by law, regulation, program rules, employer policy, judicial proceeding, correctional program or professional standards, the result should be confirmed using an appropriate laboratory methodology.

Customers are responsible for appropriate specimen collection, chain-of-custody procedures, confirmation, Medical Review Officer review where required, recordkeeping, reporting and result-management procedures.

19. Test Performance and Test Results

Test performance may be affected by improper collection, timing, specimen adulteration, storage, temperature, expiration, user error, cross-reactivity, medications, cutoff levels, specimen characteristics and failure to follow product instructions.

Customers must follow applicable product instructions, warnings and limitations.

12 Panel Now does not make medical, treatment, employment, legal, probation, parole, insurance or similar decisions on behalf of customers.

The responsible employer, agency, healthcare provider, laboratory, Medical Review Officer, legal authority or other qualified decision-maker remains responsible for such determinations.

20. Forensic Use Only, Employment & Insurance Use

CUSTOMER ACKNOWLEDGEMENT AND STATEMENT OF INTENDED USE

12 Panel Now offers rapid drug and alcohol screening products having different regulatory classifications and intended uses.

Certain products or configurations are specifically labeled Forensic Use Only (FUO).

Other products may have labeling or regulatory status permitting certain Employment & Insurance (E&I) applications.

Customers must review the labeling, product description, package insert and intended-use designation of each individual product before purchasing, distributing, reselling or using it.

FORENSIC USE ONLY PRODUCTS

Products labeled FORENSIC USE ONLY (FUO) are not intended for clinical diagnostic use and must not be represented or used as FDA-cleared clinical diagnostic devices when they do not possess such clearance.

Forensic Use Only devices are intended for appropriate drugs-of-abuse testing in forensic and law-enforcement applications.

Appropriate users and settings may include court systems, police departments and other law-enforcement agencies, probation and parole departments, juvenile detention facilities, prisons, jails, correctional facilities, appropriate governmental agencies, forensic laboratories and establishments conducting forensic testing on behalf of qualifying law-enforcement, correctional, governmental or judicial entities.

FUO products are not intended to diagnose, treat, prevent, monitor or identify disease, illness, medical conditions or drug dependency.

AT-HOME AND OVER-THE-COUNTER USE

Unless a particular product is specifically cleared, authorized and labeled for such use, a product designated Forensic Use Only is not intended for At-Home or Over-the-Counter consumer use in the United States or its territories.

Customers, distributors and resellers must not knowingly market an FUO device as an OTC or home-testing product when such marketing would be inconsistent with its labeling.

EMPLOYMENT & INSURANCE USE

Certain drug-testing devices may possess labeling or regulatory status permitting use solely for Employment & Insurance purposes.

Depending upon the particular device, permitted applications may include certain pre-employment, workplace, random, reasonable-suspicion, post-accident, return-to-duty and insurance-related testing.

The Employment & Insurance designation does not automatically apply to every Forensic Use Only device or every product offered by 12 Panel Now.

The regulatory status and intended use of the particular device being purchased controls.

FEDERALLY REGULATED TESTING

Products intended for general Employment & Insurance testing should not automatically be assumed to satisfy requirements for federally regulated drug-testing programs.

Unless the particular product and testing procedure are authorized and appropriate for the applicable federal program, customers must not assume an E&I test is appropriate for programs regulated by or involving the U.S. Department of Transportation (DOT), Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Military or another federal testing program.

Customers performing federally regulated testing are responsible for satisfying applicable requirements concerning specimen type, collection procedures, chain of custody, laboratory confirmation, Medical Review Officer review and reporting.

SPECIALTY DRUG TESTS

Depending upon the particular product, configuration, labeling and regulatory status, specialty tests that may be designated Forensic Use Only can include products screening for:

Fentanyl (FEN), Xylazine (XYL), Tianeptine/ZaZa (TIA), Kratom (KRA), Synthetic Marijuana/K2/Spice, Ethyl Glucuronide/EtG, Alcohol (ALC), Cotinine (COT), Ketamine (KET), Lysergic Acid Diethylamide (LSD), Methaqualone (MQL), MDPV or certain synthetic cathinones sometimes referred to as Bath Salts, Psilocybin/mushroom-related screening configurations, and other emerging or non-standard analytes.

The presence of an analyte on this list does not mean every product testing for that analyte has the same regulatory classification.

The labeling and intended-use designation of the specific product controls.

ORAL FLUID AND SALIVA PRODUCTS

Certain saliva or oral-fluid drug-screening devices may also have Forensic Use Only or other restricted intended-use classifications.

Customers must not assume an oral-fluid test has the same regulatory status as a urine test merely because they screen for similar analytes.

CUSTOMER ACKNOWLEDGEMENT

By purchasing, distributing, reselling or using a product having an FUO, Employment & Insurance or other intended-use restriction, the customer acknowledges responsibility for determining the appropriate and lawful use of that product.

Customers, distributors and resellers may not knowingly relabel, misrepresent or advertise a product for purposes inconsistent with its designated intended use.

Questions concerning whether a product is FDA Cleared, CLIA Waived, Forensic Use Only, Employment & Insurance, or otherwise classified should be directed to 12 Panel Now before purchasing or using the product.

21. No Medical, Legal or Regulatory Advice

Information provided by 12 Panel Now concerning products, detection windows, cutoff levels, procedures or regulatory classifications is provided for product information and educational purposes.

It does not constitute individualized medical, legal or regulatory advice.

Customers should consult an appropriate medical, legal or regulatory professional when necessary.

22. Compliance with Law

Customers are responsible for ensuring that their purchase, possession, storage, advertising, distribution, resale and use of products complies with applicable federal, state and local requirements.

Drug-testing requirements vary by jurisdiction.

23. Resellers and Distributors

Resellers and distributors are responsible for accurately representing product specifications, intended uses and regulatory classifications.

They must not make unauthorized medical or regulatory claims, alter regulatory labeling, or represent an FUO device as FDA cleared for clinical use when it is not.

Resellers are responsible for representations or warranties independently made to their customers that have not been expressly authorized by 12 Panel Now.

24. Storage and Handling

Customers are responsible for proper storage, transportation, handling and inventory rotation after delivery according to applicable product instructions.

Exposure to inappropriate temperature, moisture, sunlight, contamination or other improper conditions can affect product performance.

12 Panel Now is not responsible for product problems resulting from improper storage or handling after delivery.

25. Expiration Dates

Testing products have expiration dates established by their manufacturers.

Unless a minimum remaining shelf-life requirement was specifically agreed to in writing before purchase, receiving an otherwise compliant and unexpired product does not constitute a defect solely because the customer expected a later expiration date.

Customers purchasing large quantities should consider anticipated usage before ordering.

26. Warranties

Products are subject to applicable express manufacturer warranties.

To the maximum extent permitted by law, and except for warranties expressly provided in writing, products and website services are provided on an “AS IS” and “AS AVAILABLE” basis.

12 Panel Now disclaims implied warranties to the extent permitted by applicable law, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Nothing in these Terms eliminates rights or warranties that applicable law does not permit to be excluded.

27. Limitation of Liability

To the maximum extent permitted by law, 12 Panel Now will not be liable for indirect, incidental, special, punitive, exemplary or consequential damages arising from the purchase, possession, distribution, resale or use of products or use of the website.

Where legally permitted, this includes lost profits, lost business opportunities and consequential losses arising from employment, testing, operational or other decisions.

To the maximum extent permitted by law, aggregate liability arising from a particular product transaction will not exceed the amount actually paid to 12 Panel Now for the specific product giving rise to the claim.

These limitations do not apply where liability cannot lawfully be excluded or limited.

28. Commercial Customer Indemnification

To the extent permitted by law, commercial customers, distributors and resellers agree to indemnify and hold harmless 12 Panel Now and its applicable affiliates, owners, officers, employees and representatives from third-party claims arising from unauthorized claims or advertising; unlawful or improper resale or relabeling; product use inconsistent with labeling; improper storage or handling; violations of applicable law; customer modification of products; or material breach of these Terms.

This provision does not apply to liability that cannot legally be disclaimed.

29. Payment Disputes and Chargebacks

Customers who believe an order, billing or product issue has occurred are encouraged to contact 12 Panel Now promptly so that the matter can be investigated.

A payment dispute or chargeback does not extinguish amounts legitimately owed under an applicable order or agreement.

12 Panel Now may provide transaction records, correspondence, tracking information, proof of delivery, return-policy information and other appropriate documentation to payment processors and financial institutions responding to a payment dispute.

30. Website and Intellectual Property

Unless otherwise stated, original website text, graphics, designs, photographs, trademarks, logos and other proprietary content are owned by or licensed to 12 Panel Now and protected by applicable intellectual-property laws.

Manufacturer trademarks and product names remain the property of their respective owners.

Unauthorized commercial copying or reproduction is prohibited.

31. Acceptable Website Use

Users may not use the website to commit fraud, submit unauthorized payment information, introduce malware, attempt unauthorized access, interfere with website operation, impersonate another person, unlawfully harvest information or engage in unlawful activity.

12 Panel Now may restrict access in response to suspected fraud, security threats or material violations of these Terms.

32. Third-party Links

Our website may contain links to websites operated by third parties.

12 Panel Now does not control and is not responsible for third-party content, privacy practices, terms or security.

33. Force Majeure

12 Panel Now will not be responsible for delays or failures caused by circumstances reasonably outside its control, including hurricanes, floods, fires, natural disasters, epidemics, labor disruptions, manufacturing interruptions, carrier failures, transportation disruptions, governmental actions, customs delays, import restrictions, power failures, cyber incidents, war, terrorism, civil disturbances or supplier shortages.

34. Governing Law

Except where applicable law requires otherwise, these Terms and transactions with 12 Panel Now are governed by the laws of the State of Florida without regard to conflict-of-laws principles.

Subject to rights that cannot legally be waived, disputes relating to these Terms will be brought in an appropriate court having jurisdiction in Florida.

35. Severability

If a provision of these Terms is determined to be invalid or unenforceable, it will be enforced to the maximum extent legally permissible and the remaining provisions will continue in effect.

36. No Waiver

Failure by 12 Panel Now to enforce a provision on one occasion does not constitute waiver of that provision on another occasion.

37. Specific Written Agreements

A negotiated quotation, government contract, distributor agreement, private-label agreement, credit agreement, purchase-order acknowledgement or other written agreement accepted by 12 Panel Now may contain additional or different provisions.

If a specifically negotiated written provision directly conflicts with these general Terms, the specifically negotiated provision controls for that transaction.

38. Privacy

Collection and use of personal information is governed separately by the 12 Panel Now Privacy Policy.

39. Changes to These Terms

12 Panel Now may update these Terms periodically to reflect changes in products, business practices, laws or regulations.

The version applicable when a transaction occurs will generally govern that transaction unless otherwise required by law.

40. Contact Information

12 Panel Now
801 N Congress Ave., Suite 101
Boynton Beach, FL 33426

Telephone: 561-897-9238
Customer Service: info@12panelnow.com
Product Classification / Regulatory Questions: thestaff@12panelnow.com

41. Acceptance of Terms

BY ACCESSING THIS WEBSITE, CREATING AN ACCOUNT, PLACING AN ORDER, SUBMITTING A PURCHASE ORDER, APPROVING A CUSTOM OR PRIVATE-LABEL ORDER, OR PURCHASING PRODUCTS FROM 12 PANEL NOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS & CONDITIONS.