Terms and Conditions
In these Terms and Conditions 'EXBIO' shall mean EXBIO Praha, a.s, Nad Safinou II/341, 252 42 Vestec, Czech republic. The Terms and Conditions set out below shall apply to EXBIO branded products and services and to products distributed by EXBIO on behalf of other suppliers.
EXBIO receives on-line orders of products in the manner provided through company website www.exbio.cz. Accordingly, this website represents an invitation for customers to make an offer to order EXBIO products. EXBIO will also receive orders by mail or by telefax. A Purchase Order must be supplied for any orders sent by mail or telefax. EXBIO will not assume responsibility for duplicate deliveries unless confirmation as outlined herein is received. By submitting an order to EXBIO, the customer agrees to be bound by and accepts these Terms and Conditions.
EXBIO Praha, a.s.
Nad Safinou II 341
252 42 Vestec
Fax:+420 261 090 660
All orders are subject to final acceptance by EXBIO and no orders are binding upon EXBIO unless and until accepted by EXBIO. EXBIO will accept orders by sending an e- mail to the e-mail address designated by the customer, indicating acceptance of the order. Upon acceptance of an order by EXBIO, the order may not be changed or canceled except with the written consent of EXBIO.
The current prices for products and for the particular region selected by a customer are shown on EXBIO catalogue displayed on the website www.exbio.cz. However, such prices do not include any freight or insurance charges in connection with any products, or any taxes, excises, duties, tariffs or other charges which may be assessed by any government body, whether federal, state or local, in connection with any products. The customer shall be responsible for all such freight and insurance charges and all such taxes, excises, duties, tariffs and other charges. Such prices also do not include any packing charges (for example, for dry ice) which customer will be responsible for in addition to the price of the products.
Prices are shown for the most commonly used package sizes. Unless otherwise requested, orders for intermediate quantities will be filled with multiples of the standard package sizes. Upon request, EXBIO will supply the customer with prices for quantities in excess of those listed in the EXBIO on-line catalogue.
EXBIO will supply you with special discount prices for multiple orders or bulk quantities of Product(s) on request.
EXBIO reserves the right to amend prices and product specification without notice.
4. Delivery Method
Delivery will be at the address specified on a Purchase Order accepted by EXBIO. We use global express delivery couriers which allow efficient tracking of delivery status on the Internet. However, no guarantee is given or implied that advised delivery dates will be met. Orders within European Union will normally be shipped by overnight express service on Mondays through Wednesdays. Other international shipments are typically sent on Fridays and Mondays. Risk of damage or loss of the products shall pass to the customer upon delivery to the customer. EXBIO does not usually deliver reagents on dry ice or refrigerated ice packs (Blue Ice) unless specifically requested.
Customers can also provide their own courier shipping account (UPS, FedEx, TNT or DHL) if preferred; this account has to be filled in the ordering form.
5. Payment Terms
Invoices are sent to the delivery address as specified on your Purchase Order, unless EXBIO is notified of a different billing address.The details of payment are set out on the invoice.
If EXBIO extends credit, all invoices shall be due and payable to EXBIO within thirty (30) days from the date of the invoice. Extensions of credit may be changed or withdrawn at any time. EXBIO may charge the customer interest at a rate equal to 2% per month or the maximum amount allowed by law, whichever is less, on any overdue amounts and such interest shall be added to the principal balance. The customer shall reimburse EXBIO for all costs of collection, including without limitation, reasonably attorneys' fees and expenses, of any overdue amount owed by the customer to EXBIO. The customer may not hold back or set-off any amounts owed to EXBIO in satisfaction of any claims asserted by the customer against EXBIO.
6. Claims and returns
In the event of a complaint or claim of any kind, customers must provide the Purchase Order number, invoice number and product catalogue number. EXBIO must be notified in writing of any claim by the customer based upon the condition, quantity or grade of the products sold (including breakage) or of any claimed nonconformity with the customer's order within 3 days of receipt of products. Failure to notify EXBIO within such period shall constitute irrevocable acceptance of the products by the customer. The sole and exclusive remedy of the customer is limited (in the discretion of EXBIO) to the replacement of the products or the refund of the invoice price of the products.
EXBIO SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND. IN NO EVENT SHALL EXBIO LIABILITY TO THE CUSTOMER EVER EXCEED THE PURCHASE PRICE OF THE PRODUCTS ORDERED BY THE CUSTOMER.
All defective or broken products must be retained by the customer pending EXBIO notice to the customer otherwise, and such products must be returned to EXBIO if requested by EXBIO.
7. Reservation of Title
All products shall remain the sole and exclusive property of EXBIO until such time as payment in full is received. The customer hereby covenants to notify EXBIO of any creditor action which would warrant taking special action by EXBIO.
8. No Resale
All Products sold by EXBIO are for exclusive use of the purchaser and are not to be resold, unless there is express written agreement in place between EXBIO and reseller (distributor).
The Product Data Sheets and other information regarding the products given to the customer are believed to be accurate, but such Product Data Sheets and other information and products are provided with no warranty or guarantee, since the ultimate condition of use of the products and the variability of the materials are beyond EXBIO's control. EXBIO shall not be liable for any errors or omissions in such Product Data Sheets or information. EXBIO cannot be responsible for and does not intend the products or the related information to be used for patent infringement and other violations of third party rights.
10. Product use limitations
All EXBIO products are "FOR RESEARCH USE ONLY" and are not intended for diagnostic, therapeutic or any in vivo use in human subjects.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, EXBIO MAKES NO REPRESENTATION OR WARRANTIES RELATING TO ANY PRODUCTS SOLD BY EXBIO AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT, OR ANY WARRANTY OF THE QUALITY, FUNCTIONALITY, USE OR PERFORMANCE OF THE PRODUCTS.
Contracts and agreements with EXBIO shall in all respects be governed by and interpreted in accordance with Czech law.
All users of the EXBIO website are deemed to have accepted these Terms and Condition in their entirety.
These Terms and Condition are valid from 1st August 2005 and replaces all previous terms and conditions.