Terms and Conditions

In these Terms and Condition “BioLamina” shall mean BioLamina AB, a Swedish corporation existing under Swedish law, with its address at Lokevägen 8a, SE-182 61 Djursholm, Sweden. The Buyer shall mean the person, firm, company or other organizatio who or which has ordered products from BioLamina. These Terms and Conditions may not be varied or waived except with the express written agreement by a duly authorized officer of BioLamina.

Pricing and Payment Terms

BioLamina reserves the right to change prices at any time without prior notification. All prices are exclusive of any duties, value added or other taxes. The Buyer is solely responsible for any such taxes and agrees to indemnify BioLamina for any such taxes if not properly paid by the Buyer. BioLamina will add sales taxes when shipping products to such jurisdiction where BioLamina is responsible for collecting sales tax, unless the Buyer has filed tax exempt information to BioLamina.

Payment terms are net thirty (30) days from the date of invoice. Payment shall be made in full in the currency invoiced. Customers must themselves pay any bank charges that are incurred in making the payment. Full payment instructions are set out on the invoice.

In case of failure to fulfill the payment terms, BioLamina shall have the right to suspend deliveries and/or cancel any order. BioLamina shall also have the right to charge interest at an annual rate equal to 24% on all unpaid amounts calculated on a day to day basis until the actual date of payment. The Buyer shall be liable to BioLamina for all costs and fees, including attorney´s fees that BioLamina may reasonably incur in any actions to collect on the Buyer’s overdue account.

Payment can be made using wire transfer after receiptl of the invoice.

Order Confirmation and Duplication

Written confirmation of phone, fax, e-mail or internet orders are NOT required. In case a confirmation of an order is sent, it should be marked with “CONFIRMING ORDER, DO NOT DUPLICATE”.

Shipping

Shipping and handling costs will be added to the invoice. BioLamina reserves the right to select the packaging and shipping method and the carrier to be used for the Buyer’s order. Unless otherwise agreed, shipment will be F.O.B. (Incoterms 2000) BioLamina’ shipping point. BioLamina will not be responsible for any loss or damage to products following delivery to the carrier.

Shipments are normally initiated the same day as the order is received. Depending on country of destination, please allow 1 to 5 days for delivery. Orders received on Fridays or day before holiday will be shipped the following weekday. Products are normally shipped on ice from Sweden. Shipping information will be sent by e-mail to the customer once the order is shipped.

Return and Replacement Policy

Packaging and products should be inspected immediately upon receipt. Damaged items cannot be returned without authorization. The Buyer shall notify BioLamina within ten (10) working days of receipt in writing of any claim for credit or return of goods. A return authorization must be obtained from BioLamina for all returns. Products must be returned within thirty (30) days of receiving a return authorization. BioLamina’ sole obligation shall be, at its own option, to replace any defect products or refund the purchase price of any undelivered products. Where delivery of any Product requires an export license or other authorization before shipment, BioLamina shall not be responsible for any delay in delivery due to delay in, or refusal of, such license or authorization.

Limitations of Product Use

All BioLamina’s products are “FOR RESEARCH USE ONLY AND ARE NOT INTENDED FOR DIAGNOSTIC, THERAPEUTIC OR ANY IN VIVO USE”. BioLamina’s products may not be resold, modified for resale or used to manufacture commercial products without prior written approval from BioLamina AB.

The Buyer is solely liable to ensure compliance with any regulatory requirements related to the Buyer’s use of Products. Any warranty granted by BioLamina to the Buyer shall be deemed void if any goods covered by such warranty are used for any purpose not permitted hereunder. In addition, the Buyer shall indemnify BioLamina and hold BioLamina harmless from and against any and all claims, damages, losses, costs, expenses and other liability of whatever nature that BioLamina suffers or incurs by reason of any such unintended use. BioLamina cannot provide a guarantee for all applications for which a specific reagent may be used. Further, information disclosed in BioLamina product literature should not be considered as a recommendation to use its products in violation of any patents. BioLamina shall not be liable for its failure to perform any of its obligations resulting from circumstances beyond its reasonable control. BioLamina will notify its customers as soon as practically possible after it becomes aware of deficiencies in a product supplied. Any claim relating to products shall be limited to replacement or refund of original purchase price paid. In no event shall liability of Biolamina exceed the purchase price paid for the products. Except for the express warranties set out in these terms, all other warranties express or implied, statutory or otherwise are hereby excluded to the extent permissible by law.

Warranty

Product information on the website reflects, in general, the applications and conditions for use. Products should be used in accordance with the product insert shipped with the product. BioLamina reserves the right to change product specifications without prior notifications. All products supplied by BioLamina are warranted to meet our published specifications when used under normal conditions in the Buyer’s laboratory. All warranty claims on any products must be made within thirty (30) days of receipt of the product. BioLamina’ sole liability and Buyer’s exclusive remedy for a breach of this warranty is limited to replacement or refund at the sole option of BioLamina.

BioLamina HEREBY EXPRESSLY DISCLAIMS, AND BUYER HEREBY EXPRESSLY WAIVES, ANY WARRANTY REGARDING RESULTS OBTAINED THROUGH THE USE OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY CLAIM OF INACCURATE, INVALID, OR INCOMPLETE RESULTS. ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS (STATUTORY, EXPRESS, IMPLIED OR OTHERWISE) AS TO QUALITY, CONDITION, DESCRIPTION, MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT (EXCEPT FOR THE IMPLIED WARRANTY OF TITLE) ARE HEREBY EXPRESSLY EXCLUDED.

Limit of Liability

BioLamina shall have no liability under the Warranty in respect of any defect in the products arising from: specifications or materials supplied by the Buyer; fair wear and tear; willful damage or negligence of the Buyer or its employees or agents; abnormal working conditions at the Buyer’s premises; failure to follow BioLamina’ i nstructions (whether oral or in writing); misuse or alteration or repair of the products without the BioLamina’ approval; or if the total price for the products has not been paid.

BioLamina SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND FROM ANY CAUSE ARISING OUT OF THE SALE, USE OR INABILITY TO USE ANY PRODUCT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL OR BUSINESS INTERRUPTION.

The exclusion of liability in these Terms & Conditions shall not apply in respect of death or personal injury caused by the BioLamina’ negligence. BioLamina shall not be bound by any representations or statements on the part of its employees or agents, whether oral or in writing, including errors made in catalogues and other promotional materials.

Health, Safety and Waste

The Buyer shall ensure that the specification of the products is safe for the intended use, that the products are handled in a safe manner; and that any waste originating from the products is disposed of in accordance with any relevant regulations. The Buyer agrees to indemnify, defend and hold BioLamina, its directors, officers, shareholders, employees, representatives and assigns (collectively, "Affiliates") harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) resulting from any claim, suit, action, or proceeding brought by any third party against BioLamina or its Affiliates alleging or arising from or related to any breach of these Terms & Conditions by you. This paragraph survives expiration or termination of your account or these Terms & Conditions.

Force Majeure

BioLamina shall not be liable in respect of the non-performance of any of its obligations to the extent such performance is prevented by any circumstances beyond its reasonable control including but not limited to strikes, lock outs or labor disputes of any kind (whether relating to its own employees or others), fire, flood, explosion, natural catastrophe, military operations, blockade, sabotage, revolution, riot, civil commotion, war or civil war, plant breakdown, computer or other equipment failure and inability to obtain equipment, or similar event affecting performance of Biolamina or its subcontractor

General

Use of the Content on this website is authorized solely for the purpose of purchasing product from BioLamina or otherwise promoting BioLamina products but it is not permitted to use the Content in competition with BioLamina or our products. The contents of this website, such as text, graphics, images information and other material ('Content'), are protected by copyright and other intellectual property laws, and all intellectual property rights in them belong to BioLamina, or are licensed to it. This webpage contains links to third party internet sites for our customer’s convenience. BioLamina is not responsible for the content of such external internet sites. All users of the BioLamina website are deemed to have accepted these Terms and Condition in their entirety. Nothing in these terms is intended to provide any rights to third parties to enforce any term.

Governing Law

This Contract shall be governed by and construed in accordance with the substantive laws of Sweden, exclusive of its choice of law provisions, and the parties hereby submit to the non-exclusive jurisdiction of the courts of Sweden. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute). The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one (1) or three (3) arbitrators. The venue for the proceedings shall be Stockholm, Sweden. The proceedings shall be held in the English language. Documents may be presented in the Swedish language if accompanied by an English translation.