"Thanks to new Multiplicom test kits physicians are able to identify all the genetic mutations of a condition at once, and use this information to initiate the right - personalized - treatment.”
General Terms and Conditions of Sale by Multiplicom
Article 1 – Area of application
These General Terms and Conditions are applicable to all of Multiplicom’s sales. Every Purchaser who gives Multiplicom an order in any way whatsoever shall be held to have accepted these General Terms and Conditions, subject to any prior written agreement between the parties. For the purpose of this General Terms and Conditions “Purchaser” shall mean the legal entity that is legally responsible for the fulfilment of the General Terms and Conditions in function of orders received by Multiplicom from laboratories being part of said legal entity.
Article 2 – Orders
Orders shall only be acted upon if confirmed by a written order form. As written orders are accepted:
- written and signed orders mailed by post to: Multiplicom NV, Galileilaan 18, 2845 Niel, Belgium
- written and signed orders transmitted by fax to the number +32 03 400 23 16
- by e-mail message to firstname.lastname@example.org sent by an authorized purchaser
- orders issued through the Customer Portal at www.multiplicom.com.
Article 3 – Price
Our prices are quoted in Euros and are exclusive of VAT. Prices may be subject to change from time to time.
Article 4 – Shipment and Delivery
Within the European-Union, Products shall be shipped on dry ice by overnight carrier. For orders below 5000 EUR, VAT exclusive, a shipment cost of 100 € shall be charged to customer. These amounts may be adjusted from time to time. Outside the European Union, prices are FCA Brussels Airport and choice of transport and agency are at the account of the customer or distributor.
Multiplicom shall use reasonable efforts to deliver products within the period of time agreed upon with customer. However, delivery times agreed upon are not binding and delays in delivery shall not give rise to cancellation of the order.
Article 5 – Restricted use
The products sold “For research use only” can only be used by Purchaser for research purposes without any medical purpose or objective..
The products labelled with CE mark, may only be used for the In Vitro Diagnostic purpose(s) described in the applicable Instructions For Use.
Article 6 – Limited warranty
Multiplicom intends to provide only high-quality products to its customers. Hereto, Multiplicom warrants that its products for multiplex PCR amplification shall amplify 50 ng sufficiently pure (O.D. 1.8) human genomic DNA, provided that products are stored and handled in accordance with instructions. This warranty is limited to a replacement of the product at no charge to the customer. No warranty is granted for products beyond their listed expiration date. Apart from the above warranty, no other warranties, promises, guarantees or representations of any nature are made, either express or implied, with respect to the products, including any warranty of merchantability, title, non-infringement or fitness for a particular purpose.
Article 7 – Limitation of liability
After delivery of the products to customer, Multiplicom cannot assume any other liability than that provided under Article 6. In no event shall Multiplicom’s liability in contract, tort, negligence, breach of statutory duty or otherwise include any special, indirect, incidental, consequential or punitive losses or damages, even if Multiplicom has been advised of the possibility of such damages.
Article 8 – Indemnification
Purchaser shall indemnify and hold harmless Multiplicom and Multiplicom’s directors, officers, employees, researchers, students and other representatives from and against any demands, actions, claim loss, costs or damages (including attorney’s and expert’s fees and costs) arising out of Purchaser’s use of products.
Article 9 – Payment
Invoices are payable within thirty calendar days of the invoice date. All invoices that have not been settled by the due date shall, as of right and without formal notice of default, moreover be increased with interest for late payment of 1% per month and an extra compensation of EUR 125, VAT exclusive. Purchaser is responsible for and agrees to pay all applicable local, municipal, state and national taxes, fees and assessments that may attach to the Purchase.
Article 10 – Termination
Multiplicom shall have the right to terminate the order without being liable for any damages, by notifying the customer of Multiplicom’s intention by registered letter, in the event of non-performance by the customer of any of his contractual undertakings.
Article 11 – Governing Law and Jurisdiction
The purchase agreement existing as a result of Multiplicom’s acceptance of Purchaser’s order or as a result of Purchaser’s acceptance of an offer made by Multiplicom, is entered into and shall be construed and enforced in accordance with the laws of Belgium and the Purchaser and Multiplicom exclude the application of the U.N. Convention on Contracts for the International Sale of Goods. Any disputes arising out of performance of this Purchase Agreement shall be settled in a court of competent jurisdiction in Belgium.
Version 20 December 2014.