General Terms & Conditions
By placing an order with Biomatik, you acknowledge and accept these terms and conditions set out below.
General Conditions of Sales
All of Biomatik's products are for Research Use Only (RUO). Our products are not to be used for diagnostic, clinical or therapeutic procedures.
Net 30 days for customers with established credit and who have a good credit rating with Biomatik. Credit applications are available upon request. Payment can be made by credit card (Visa or MasterCard), PayPal, cheque, or wire transfer.
All prices are in US dollars, and may be quoted/billed in other currencies upon request. Prices are subject to change without notice. Prices do not include freight, special handling and packaging, if any. All taxes, duties and brokerage charges are the responsibility of the customer.
Please request a quotation before ordering any custom made product (custom gene synthesis, peptide synthesis, protein expression and antibody production services). Discounts are available for large quantities or bulk orders.
EXW Biomatik shipping point. Title and risk of loss is passed to customer upon transfer to shipper. Shipping fees will be incurred by customer for partial order shipments. Most of Biomatik products are shipped at ambient temperature. Biomatik will determine the best shipping method unless otherwise requested by the customer.
For international shipping, shipment can be delayed from time to time due to customs clearance. It is the customer’s responsibility to submit any paperwork to facilitate customs clearance process. Some facilities may or may not have the refrigeration available to keep packages cool. Biomatik will not be responsible for the damages after Biomatik shipping points.
All orders are typically processed and sent for production/assembly within a couple of hours upon your order placement. Due to the nature of our products and irreversible fees, we strictly adhere to the following order cancellation policy:
If you cancel your order within 12 hours of your order placement, depending on the production and/or assembly stage, you may be charged a cancellation fee, which is up to 25% of your total order charge;
If you cancel your order AFTER 12 hours of your order placement and before shipping, depending on the production/assembly stage, you may be billed up to 100% of your total order charge;
Order cancellation is not accepted once your order is shipped. Orders which are REFUSED AT DELIVERY will be assessed all of the applicable fees - total order charge plus other applicable fees.
Due to the product nature, all products are non-returnable and non-refundable, unless there is a quality issue. Any claim for quality issue or non-conformity must be made in writing within 30 days of receipt of the product. If Customer fails to provide such claim within such period, the shipment will be deemed accepted by customer. Biomatik will take care of all quality-related issues or non-conformities with a replacement or full refund, at Biomatik’s option. Please contact Biomatik for a return authorization number before returning any product.
Materials and Information Supplied for Custom Production Services
For contracted custom production services ("Service"), customer shall provide Biomatik with information (e.g. gene, peptide or protein sequences) and materials (e.g. vectors or cell lines). Biomatik will use the materials and information only in the execution of the Service for the benefit of the Customer. Customer warrants that it has the appropriate right or license to the materials and information for the purpose of the Service, and that Biomatik's use of such materials and information for performance of the Service shall not infringe the proprietary rights, including but not limited to the patent or trade secret rights, of any third party.
Intellectual Property Rights
Customer will own all rights to all inventions, discoveries, improvements, ideas, processes, formulations, products, computer programs, works of authorship, databases, trade secrets, know-how, information, data, documentation, reports, research, creations and all other products and/or materials arising from any purchased and delivered product which is produced per customer's specificationsor (which is made in the performance of contracted services, whether or not patentable or subject to copyright or trade secret protection). Biomatik does not claim Intellectual Property rights on any purchased and delivered product which is produced per customer's specifications, however, all methods, arrays and proprietary IP of Biomatik remains with Biomatik.
Disclaimer of Liability
Biomatik's products are intended for research use only by qualified professionals, the burden for safe use in handling of our chemicals rests entirely with the customer. The customer must determine suitability of a product for a particular use. Biomatik does not assume responsibility for the completeness or accuracy of any information supplied by us in regard to the hazards or recommended use of these chemicals. Biomatik shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company or institution), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your, your company’s or your institution's personal information or material and information transmitted over our system. In particular, neither Biomatik nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, institution or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Conflict of Terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Warranties and Liabilities
Biomatik warrants that its products shall, at the time of delivery, conform to the description of such products as provided to customer through Biomatik's product directory, analytical data or other then-current literature. In the event of a non-conformance with this warrant, Biomatik will indemnify the customer against loss by them in an amount not to exceed the price paid for the goods. Recommended storage conditions must be observed. Biomatik warrants that the product will meet specifications listed. At Biomatik’s discretion, free replacement of any nonconforming product will be made if Biomatik is notified within 30 days of product receipt. No other warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, or fitness for a particular purpose, are provided by Biomatik.
Biomatik assumes no liability and shall not be responsible for any claims, losses, costs, damages, fees, or expenses arising out of, or in connection with, the Product, including claims based on infringement or misappropriation, and including, but not limited to, any actual or alleged injury, damage, death, or other consequence occurring to any legal or natural person or property, as a result, directly or indirectly, of the possession, use or consumption of any Product, under any cause of action, regardless of the form in which any such claim is made.
The products may be protected by patent applications, patents, and/or copyrights. Biomatik makes no representation or warranty as to whether the product, and/or its uses, infringes any patent or intellectual property rights of any third party, nor shall Biomatik be liable for infringement of any such rights. Biomatik does not grant to customer any license, express or implied, in violation of or infringing upon any third party rights. Customer is responsible for determining the existence of any such third party rights, and to acquire any such rights (e.g. patents or licenses), should they exist, before using the products. The customer is solely responsible for any patent infringement resulting from the use of Biomatik products. Biomatik's sole and exclusive liability, with respect to products proved to be Biomatik's satisfaction to be defective, shall be the replacement of such products without charge or refund of purchase price. Biomatik shall not be liable for any incidental, consequential or contingent damages.