Terms of trade

These general terms and conditions apply to all offers and deliveries made by Xaia Custom Peptides, further mentioned as XCP. Exceptions and deviations are admissible with XCP’s written approval only. Any conflicting terms and conditions shall be renounced and voided.

Placing of orders may be made by phone, telefax, e-mail, mail, or via internet. Orders by telephone or internet must be confirmed in writing. They may also be accepted if a written confirmation by e-mail, mail or telefax of XCP is not rejected by the customer within two working days.

XCP’s quotes and offers are valid subject to confirmation. XCP regards orders placed by e-mail, telefax or mail as binding. Orders placed via internet are binding if an e-mail confirmation by XCP is not rejected by the customer within two working days.

The applicable prices are those contained in the current price list of XCP which is published on the internet under www.xaia.nu. The current price list is valid from Sept 01, 2007. Prices are net prices and do not include the legally required value-added tax (VAT) which is charged in addition.

In the European Comunity the prices are net prices and if the customer provides XCP with a valid VAT-ID Number of his country, all invoices will be without additional taxes. If a VAT-ID Number cannot be provided the invoice will be given subject to an additional claim of taxes if they arise.

The prices include shipping and handling fees if mailed by standard carrier. Costs incurred for express shipments, special delivery, foreign orders, etc. will be charged to the customer separately. Dry ice shipments will be charged in a lump sum fee of Euro 102,26. Shipping costs outside the European community are charged to the customer and listed on the invoice separately. Taxes or tolls have to be paid by the customer directly to the state authorities. Dry ice shipments will be charged in a lump sum fee of Euro 102,26.

XCP’s invoices are payable in full within 20 days of date of invoice. If not paid in due time XCP is allowed to charge interest starting from the due date of the invoice according to EC law.

The merchandise will be shipped as quickly as possible, if necessary split up into partial shipments. The risk is transferred to the buyer when the merchandise leaves XCP, even if forwarded to the customer at no charge.

If XCP becomes unable to meet contractual obligations due to events beyond XCP’s power and control, in particular intervention by government authorities, social unrest, transport delays, strikes, lock-outs, transport or loading difficulties, rationing or scarcity of raw materials or unforeseen inability of suppliers to provide parts or materials, XCP is freed of these contractual obligations for as long as such disturbances impede their fulfilment. In such cases the buyer may not derive any rights or claims from XCP’s failure to deliver at all or on time. If disturbance of this type should prevail more than 3 months, then both the buyer and the seller have the right to withdraw from the purchase agreement completely or partially.

XCP’s products are intended exclusively for analytical and research purposes. The supplied information on purity, attributes and applications has been prepared by XCP with the utmost care and conscientiousness. However, it is only intended to characterize and describe the products. No attributes are guaranteed by us unless explicitly done so in writing. All product packs contain a label with an ID-number, which allows instant identification of the lot of each product. Complaints must be submitted in writing by naming the product description, the ID-number and the invoice number. The customer must advise XCP of any product defects within 8 days after receipt of the merchandise. In the case of genuine defects or shortcomings, XCP’s liability is limited to delivery of new merchandise. If the new delivery fails to remedy the problem, then the customer is entitled to either reduce the amount paid for the merchandise or withdraw from the purchase agreement. Any and all liability above and beyond this is excluded – in particular for consequential and indirect damage, injury and losses except in case of gross negligence. In no case, however, does XCP’s liability extend beyond the potential damage, injury or losses that are foreseeable at the point in time at which the purchase agreement is concluded.

The merchandise shall remain XCP’s property until all rights, claims and demands held by XCP against the buyer, upon any legal grounds whatsoever, have been resolved. The buyer is entitled to use the merchandise within the context of the buyer’s normal business activities. Even if the product is sold to a third party or processed into new things the title retention by XCP is not affected. No rights of retention or lien on property owned by XCP are admissable.

No rights or claims may be set against the claims held by XCP unless the former are indisputed or have been confirmed by a court of law. If individual clauses of these conditions of sale and delivery should prove to be null and void, this shall not affect the validity of the rest of the conditions. In this case a clause that meets the legal requirements and reflects the contents of the invalid clause as closely as possible shall be substituted for the invalid clause. The place of the fulfilment shall be Göteborg, Sweden. Any disputes shall be referred to the jurisdiction of the courts of Göteborg.

XCP’s products are not intended to be used as medications or as diagnostic aids. They may be used only as raw materials for manufacturing purposes, research and scientific applications. The customer is responsible for determining whether or not a given product is suitable for use intended by the customer. XCP disclaims all liability for losses, damage to property or injury to persons caused as a consequence of improper handling and/or storage of the product. In order to purchase and receive XCP’s products, customers must be authorized to handle these products in accordance with the laws and regulations of the country to which they are shipped.