General terms and conditions

General terms and conditions from Omizzur

1. Applicability

In these conditions “company”shall mean Omizzur Biotech., LTD. “customer”shall mean person firm company organisation or agent placing the order or on behalf of which or whom the order is placed for the goods and services."Order" shall mean a request, written or verbal, by the customer to the company to supply goods and services. Omizzur Peptide is only bound towards customer if both Omizzur Peptide and customer have signed a quotation or if customer has send a Purchase Order confirmation of the quotation within the time that Omizzur Peptide’s offer is valid.

All sales are subject to and expressly conditioned upon these Terms and Conditions and upon Customer’s consent thereto. 

2. Use of Goods

All Goods are supplied by Omizzur Biotech for research and laboratory use only and are not to be used in humans or animals for therapeutic purposes. The Goods are not to be used in clinical diagnosis unless specifically stated.

3. Specifications and Responsibilities

The Company warrants that the Goods will conform to or exceed the Company’s specifications as supplied with the Goods when used under normal laboratory conditions. If any Goods do not conform to or exceed the specifications in this way then on receipt of notice from the Customer which must be given within thirty (15) days from the Customer becoming aware of such non-conformance the Company will promptly either replace such Goods without charge or refund the amounts paid to the Company in respect of such Goods in the Company's sole discretion. 

The sole and exclusive liability of the Company for any Goods proved to the Company's satisfaction to be defective or non-conforming shall be replacement without charge or refund of the purchase price in the Company's sole discretion.

Customer’s submission of the Purchase Order, or payment for any order, conclusively constitutes Customer’s representation and warranty that neither the Specifications nor Omizzur ’s use of them for purposes of manufacturing and selling Product, nor Customer’s use of any Products, will violate any applicable law or regulation, or misappropriate or infringe upon any intellectual property and other proprietary rights, contracts or other third party interests anywhere in the world.

4.Prices, Invoicing and Payment

Prices in the Quotation are excluding value added taxes, fees, duties, licenses or levies now or in the future imposed upon the Services or the Goods or actual, reasonable travel and out-of-pocket expenses.

Invoices shall be sent by Omizzur to Customer in the amounts and in accordance with the agreed schedule in the Quotation. Customer shall pay invoices within 30 days from the date of invoice. 

If payment is not or not in full received by Omizzur Peptide at the due date, interest will accrue on all unpaid amounts at the rate of 1.5 % per month (whereby a part of a month shall be calculated as a full month) notwithstanding the right of Omizzur Peptide to claim extrajudicial and judicial collection charges.

Omizzur Peptide reserves the right to charge extra to quoted or list prices for carriage and/or delivery but such charges may be waived at the discretion of the Company.

5.Deliver

Delivery dates are given in good faith and are normally meet but are subject to change without notice. The Company shall not be liable for any loss or damage, direct or indirect due to any failure or delay in delivery or failure to notify expected delay.

Any damage or loss in transit must be notified and confirmed in writing to the Company and any carrier concerned within three days of receipt of the Goods. 

The Company reserves the right to deliver the Goods by instalments and may invoice the Customer for each instalment.

6.Intellectual Property

All intellectual property and other proprietary rights (including but not limited to trademarks and copyright) and all technical business or similar information (including but not limited to all designs documents and other materials relating to the Goods) created by the Company during the course of the Order shall be and shall remain the property of the Omizzur Biotech.

7. Customer Representations and Warranties

Customer’s submission of the Purchase Order, or payment for any order, conclusively constitutes Customer’s representation and warranty that neither the Specifications nor Omizzur ’s use of them for purposes of manufacturing and selling Product, nor Customer’s use of any Products, will violate any applicable law or regulation, or misappropriate or infringe upon any intellectual property and other proprietary rights, contracts or other third party interests anywhere in the world, including without limitation laws as to hazardous or infectious materials or agents, the use or release of modified organisms, patents, copyrights, trademarks, trade names, know-how protection, trade secrets and exports.

8. Indemnification 

Customer agrees to indemnify Omizzur and its affiliates and their officers, agents, and employees from and against any liability or loss incurred by any of them to the extent arising out of the Specifications or out of Customer’s, or any of Customer’s affiliates, use of the Products or their progeny or derivatives.