Terms and conditions of sale

  1. General
    1. The access to the BIOMAT web site is subject to acceptance of the following Terms and Conditions that govern your use of this website; by using this website, you accept these terms and conditions in full. Please read these terms carefully.
      This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our BIOMAT’s use of cookies in accordance with the terms of BIOMAT’s cookies policy.
    2. BIOMAT offers are subject to change and are non-binding. BIOMAT reserves the right to make technical improvements to his products.
    3. A contract is only concluded with the prior express written confirmation by BIOMAT or through execution of the order.
    4. BIOMAT may electronically store and process data necessary for the purpose of processing the contract.
  2. Conditions of delivery
    1. The place of production is the factory BIOMAT in Rovereto (TN), Italy. The risk shall transfer to the customer when the goods for delivery are packed and ready for pick-up unless the freight is at charge of sender. Loss of, or damage to the goods after the risk has passed to the Client does not discharge him from his obligation to pay the price. If the Contract of sale involves carriage of the goods, the risk passes to the Client when the goods are handed over to the first carrier for transmission to the Client in accordance with the Contract of sale. If the carriage of goods is delayed due to fault on Clients part, then the risk passes to the Client as from the day the goods were ready to be dispatched. If the Contract of sale does not involve carriage of the goods the risk passes to the Client when he takes possession of the goods or, if he does not do so in due time, at the time when the goods are placed at his disposal and he commits a breach of Contract by failing to accept the consignment.
    2. The costs of carriage will be charged to Client (unless otherwise agreed in written form) whereas BIOMAT will select the forwarder. The Client shall be responsible for transport costs, custom and import clearance and formalities, and/or any import duties. Costs for custom declaration and export clearance will be borne by BIOMAT.
    3. Delivery times shall be ex works. Delivery periods shall begin on receipt of order prepayment by the Client. The delivery period shall be considered to have been met if readiness for dispatch has been notified before the expiry of this period. Delivery shall be subject to BIOMAT receiving its own supplies punctually and in good order.
    4. If for any reason whatever BIOMAT fails to effect delivery on time, the Client shall be entitled by notice to writing to BIOMAT to fix a reasonable deadline only after the expiry of which the Client shall be entitled to terminate the Contract. Delays may only be claimed for by the Client if the delay in delivery is caused by intention or gross negligence. If the Client fails to accept delivery on due date, he shall nevertheless pay the price as if the goods had been delivered. BIOMAT shall arrange for the storage of the goods at the risk and cost of the Client; if required by the Client, BIOMAT shall insure the goods at the cost of the Client.
    5. Forces majeure and circumstances beyond control of BIOMAT such as strikes, lock-outs, operational disruption, shortages of raw materials and equipment, delayed delivery or non-delivery by BIOMAT suppliers, shall extend the delivery periods accordingly and shall release BIOMAT from its delivery obligations if they, as a result, render delivery impossible. BIOMAT shall also not be liable for the circumstances described above if they arise during an already existing delay. The same shall apply for any additional or amended services requested by the customer.
    6. BIOMAT shall be considered to be in default of delivery only if the customer has issued BIOMAT with a reminder, has set a reasonable extension period which has elapsed. The customer shall be obliged to immediately inform BIOMAT in writing of any likely consequences of delay.
  3. Payment terms
    1. The prices of BIOMAT are net without any applicable taxes, duties, insurance and any other cost that is not expressly indicated. Taxes especially VAT will be – if applicable – added in accordance with the legal requirements and shall be borne by the Client. The price of the goods shall be the BIOMAT’s quoted price or, where no price has been quoted, the price listed in BIOMAT’s published price list current at the date of acceptance of the order. The Client is responsible for the correct application of the VAT legislation provisions concerning the particular delivery process.
    2. BIOMAT reserves the right, by giving notice to the Client at any time before delivery, to increase the price of the goods to reflect increase in the cost to BIOMAT which is due to any factor beyond the control of BIOMAT (such as foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of materials or other costs of manufacture).
    3. Purchase orders are not subject to cancellation or modification by the customer, in whole or in part, after Company’s acceptance of the purchase order, except in the case where prior written authorization is obtained.
    4. The purchase order will be processed upon advance payment (in Euro) by the customer.
    5. If the Customer fails to fulfill the BIOMAT terms of payment or if the financial or business condition of the Customer shall become impaired or unsatisfactory to BIOMAT, BIOMAT may refuse further shipments to the customer until such payments are made in full. Shipments and deliveries shall at all times be subject to approval by BIOMAT of the Customers credit. Refusal to furnish such credit information shall entitle BIOMAT to defer any shipments until such information is furnished.
    6. In the case of an agreed return of goods that are free of defects, the customer shall be charged a checking and processing fee of 20% of the invoice amount (minimum € 50).
    7. If payment is delayed, BIOMAT shall charge – notwithstanding further damage compensation claims – interest on arrears at the statutory rate.
  4. Warranty, Limitation of Liability
    1. All products in BIOMAT catalog’s and website are FOR RESEARCH USE ONLY. All products are not designed for diagnostic, therapeutic and medical use and they are not suitable for human consumption. All products sold by BIOMAT shall be used by qualified professionals only. The burden for safe use and handling of all products sold by BIOMAT is entirely the responsibility of the customer. Client or your users must consult MSDS or Instruction manual prior use.
    2. BIOMAT warrants that its delivered goods are free of defects at time of risk transfer. The required quality, durability and use of BIOMAT ‘s delivered goods are based solely on the agreed written specification, product description and/or operating manuals.
    3. Should the customer require the delivered goods for purposes other than those agreed, he must take responsibility himself for examining their special suitability for this – also in terms of product safety – and ensure their compliance with all relevant technical, legal or regulatory provisions before the intended use. BIOMAT shall not be liable for any usability that was not expressly confirmed by BIOMAT in writing. In the case of material or design requirements of the customer, BIOMAT shall accept no liability for the suitability or permissibility of the desired materials or designs. Compliance with safety-related and occupational health regulations depends on the location and operating conditions of which BIOMAT has no prior knowledge. Action for ensuring compliance shall therefore be the responsibility of the customer or his buyer.
    4. BIOMAT shall not be liable for the consequences of improper handling of the delivered goods.
    5. If a notice of defect is justified, BIOMAT shall initially only be required to provide cure. Any such cure shall be, at the discretion of BIOMAT, either rectification of the defect or delivery of goods free of defects. Further warranty claims shall only apply in the event of rejection, impossibility or failure of the cure.
    6. The customer must, immediately upon receipt of the goods, inspect them carefully, also in terms of product safety, and notify obvious defects immediately in writing; any hidden defects must be immediately notified upon discovery. The customer must notify the carrier immediately of any transport damage. Failure to observe the testing and notification obligation shall void any customer claims for defects.
  5. Limitation Period
    1. The warranty period shall be one year and starts from the date of delivery of the goods to the customer. The same shall apply for claims for damages, irrespective of their legal basis. The restriction of the limitation period shall not apply to claims based on fraudulent concealment of a defect or for damages resulting from injury to life, limb or health and other damages based on intent or gross negligence. The limitation period in respect of replaced or repaired goods shall only commence anew if BIOMAT admitted the defectiveness of the replaced or repaired goods.
  6. Industrial Property Rights
    1. BIOMAT reserves ownership and all industrial property rights and copyrights to all moulds, tools or other devices, samples, pictures, and business and technical documents produced or provided by BIOMAT.
    2. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without express written consent of BIOMAT. You may not frame or utilize framing techniques to enclose any BIOMAT trademark, logo or other proprietary information (including images, text, page layout or form) without express written consent. You may not use any BIOMAT logo or other proprietary graphic or trademark without express written permission of BIOMAT.