General Terms and Conditions
Gothenburg 2023-06-08
1. General
TATAA Biocenter AB (hereafter referred to as “TATAA”, “we”, “us”, or “our”) offers products and services within the field of real-time qPCR and NGS.
These general terms and conditions (“Terms”) shall apply to all purchases of products that are done through TATAA’s website (tataa.com), hereafter referred to as the “Website”). These Terms shall also apply by reference in an Order Confirmation or otherwise in a written agreement between the Parties. In case of conflict between these Terms and an Order Confirmation or a written agreement between the Parties, the Order Confirmation or such written agreement shall prevail.
The following words and expressions and their inflectional forms in the Terms have the following meanings: “Customer” or “you” shall mean the party set out in the Order Confirmation, other than TATAA; “Events” shall have the meaning as set out in Section 3.1; “Optional Services” shall have the meaning as set out in Section 3.1; “Order Confirmation” shall mean the written email sent to Customer after the order has been placed, to confirm the order and the commercial details; “Parties” shall mean the Customer and TATAA jointly.
TATAA reserves the right to change these Terms without prior notice.
2. Your status
TATAA does not supply any products or services to consumers. By placing an order with TATAA you warrant that the Customer is a legal person, an organisation, or an authority; or that you, otherwise, are placing the order or making the registration for the purpose of business, trade, or profession.
3. Courses, seminars, and workshops
3.1 Requests and confirmations
Registrations are made on the Website. Customer’s registration is a request to us to reserve a place for you on a course, seminar, or workshop (“Events”), including, as the case may be, any optional extras such as transport, accommodation, meals, or educational materials (“Optional Services”). Following registration, an Order Confirmation will be sent to the Customer by email if we accept the request. The contract between TATAA and Customer will relate only to those Events and Optional Services which we have confirmed in the Order Confirmation.
Details regarding location, schedule or any accommodation suggestions will be available on the Website.
3.2 Cancellations and reimbursement
If a cancellation is received by TATAA at least thirty (30) days prior to the start of the Event, no fee will be charged. Cancellations received less than thirty (30) days before the Event starts are invoiced in full. Substitute delegates are accepted, with no extra fee payable. To cancel or notify us of a substitute delegate Customer must contact TATAA on info@tataa.com.
TATAA reserves the right to cancel the Event for any reason up to as latest three (3) weeks before the start date of the Event. In this case a paid invoice regarding the fee for the Event will be fully refunded by TATAA. TATAA will notify Customer of such cancellation by email sent to the same email address as the Order Confirmation was sent to.
Fees that are refundable pursuant to this Section 3.2 will be processed without undue delay.
Customer is strongly advised to book any transport and accommodation with cancellation cover or take out insurance against cancellation. TATAA will not reimburse, compensate, or indemnify Customer for any such traveling or accommodation costs.
3.3 Invoice and payment
If you pay via invoice, the invoice will be sent to you separately after we have confirmed your registration.
The fee for the Event does not include accommodation, meals, transport or any other travel costs, unless as expressly stated in the Order Confirmation. These costs must be covered directly by Customer.
Events that are held in Sweden will be invoiced by TATAA and Events held in Czech Republic will be invoiced by TATAA Biocenter s.r.o. (a company incorporated by the laws of Czech Republic).
3. Purchases of Products
3.1 Order request and confirmations
An order of products is made on the Website or alternatively via alternative methods. Following Customer’s order, an Order Confirmation will be sent to the Customer by email. The contract between TATAA and Customer will relate only to those products which we have confirmed in the Order Confirmation. Customer may not cancel a confirmed order.
TATAA reserves the right to carry out a credit check before confirming the order request. The result of the credit check may impact Customer’s possibility to pay against invoice.
TATAA reserves the right for errors related to product information on the Website, e.g. errors regarding prices or product descriptions, out-of-stock items, or incorrect product information from our suppliers.
3.2 Delivery terms
Any delivery dates presented on the Website or in an Order Confirmation shall be approximate, unless TATAA has specifically recognized such date as exact in writing.
The available delivery options and terms will be presented for Customer on the Website, in one of the steps of placing an order. These delivery options and terms may vary depending on the delivery address. The delivery terms are confirmed on the Order Confirmation.
Unless otherwise agreed, within Sweden delivery shall be DDP (Incoterms 2020) and outside Sweden it shall be DAP (Incoterms 2020).
Customer is responsible for taking all relevant steps for the products to be received upon delivery (take delivery). If Customer fails to take delivery it will be liable for all costs involved in storing, returning products to TATAA, and otherwise taking care of the products.
3.3 Non-conformity
The products shall in all material aspects conform with the product information on the Website related to the quantity, quality, and description of the products. Customer is solely responsible for, and shall independently, evaluate whether the products will fit for Customer’s purpose. TATAA makes no warranties in relation to the products unless expressly stated in writing in clear language.
Customer is obliged to examine the products immediately upon delivery. Customer must give TATAA written notice of any non-conformity of the products within one (1) week from the time when the products were delivered to Customer, otherwise Customer loses the right to rely on a lack of conformity. Such notice of non-conformity shall be sent to [info@tataa.com] and shall clearly specify the nature of the non-conformity.
Non-conformity products shall be returned to TATAA in accordance with TATAA’s written instructions. TATAA must only reimburse Customer for the return cost if the product, after TATAA’s examination, is found to be non-conforming. If such examination shows that the product is free from defects, TATAA shall be entitled to receive compensation from Customer for all costs and expenses attributable to the examination.
3.4 Remedies for non-conformity
TATAA is responsible for lack of conformity of products which exists when the risk of the products passes to Customer. TATAA shall always be entitled to remedy the non-conformity product by, at its sole discretion, repairing the product or delivering a substitute product to Customer.
If TATAA has not remedied the non-conformity without undue delay, TATAA Biocenter AB may reduce the price. If the non-conformity is not remedied within [2 weeks], Customer may instead void the contract as regards non-conforming products. TATAA shall without undue delay refund the amount paid by Customer that relates to the void part of the contract. These are the exclusive remedies for non-conformity; any other remedies under any statue, law or legal principle shall not apply.
4. Prices and fees
4.1 All fees and prices are stated in either EUR, SEK or USD and are given without VAT. Customer must provide TATAA with its VAT number and other information as reasonably required for TATAA’s invoicing. Customer acknowledges and agrees that TATAA may be required by law to add VAT or other taxes on the prices.
4.2 Should any payment from Customer to TATAA, for any reason, be subject to any deductions, withholdings, or taxes, the agreed amount of payment shall be grossed up by the amount of such deductions, withholdings, or taxes in order for the sum receivable by TATAA shall be the agreed amount of payment before such deductions, withholding, or taxes.
5. Terms of Payment
5.1 The payment options available at the Website may vary depending on for instance (but not limited to) Customer’s credit check. TATAA is always entitled to require payment before delivery (if applicable).
5.2 Invoices regarding the fee for Events and Optional Services are due five (5) days prior to the start date of the Event.
5.3 Invoices regarding purchase of products are due thirty (30) days after the invoice date.
5.4 If Customer fails to make any payment on the due date, without prejudice to any other right or remedy available to TATAA, TATAA shall be entitled to (i) charge Customer interest on the amount unpaid at the rate of 15 % per annum; and (ii) cancel the contract, suspend the delivery of the products, or, if already delivered, suspend any future deliveries to Customer.
6. Intellectual property rights
6.1 General. Nothing in these Terms, or otherwise between the Parties, shall be construed as transferring or assigning the title or ownership of any intellectual property, or granting any right to use intellectual property.
6.2 Events. Customer acknowledges and agrees that all intellectual property contained in the content of any Event including course material and other documentation (“Documentation”) and in any software provided or given access to in relation to an Event (“Software”) vest with TATAA, or TATAA’s consultants, employees or a person contracted by TATAA. Without the written consent from TATAA the said Documentation and Software must not be manifold, published, used for public transmission, or otherwise used in any other way than for the purpose of attending the Event in question.
7.Limitation of liability
7.1 The following circumstances shall constitute grounds for relief if they impede the performance of the contract or makes performance unreasonably onerous: industrial disputes, actions by public authorities, new or amended legislation, delays from sub-contractors, and any other circumstance that the party in breach cannot influence, such as fire, natural disasters and extreme natural events, war, mobilization or military call up of a comparable scope, seizure, trade and currency restrictions, insurrection and civil commotion, shortage of transport, general shortage of materials, restrictions in the supply of power and non-conformities or delays in deliveries by sub-contractors caused by any such circumstance. The obligation shall be fulfilled in the agreed manner as soon as the obstacle has ended.
7.2 TATAA is under no circumstances responsible for any indirect damages such as, but not limited to, compensation to third parties, lost profit, other loss, expenses, or other consequential damages. TATAA’s liability for damages shall under no circumstances amount to more than the amount corresponding to what Customer has paid for the product(s) or Event affected by TATAA’s breach of contract. The limitation of liability in this paragraph does not apply to the extent that such limitation is prohibited under mandatory laws such as the Product Liability Act (1992:18) or the Product Safety Act (2004:451).
8. Links to third party sites
TATAA’s Website may be linked to other websites which are not under the control of and are not maintained by TATAA. TATAA is not responsible for the content of those sites. TATAA is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by TATAA of those sites.
9. General
9.1 The Website could include inaccuracies or typographical errors. The Website and the Third Party Providers may make improvements and/or changes in the Product information and Events described at the Website at any time without notice. Changes are periodically made to the Website. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications regarding the use of the Website.
9.2 Assignment. Customer may not assign or transfer any of its rights or obligations under the contract to a third party without the prior written consent of TATAA.
9.3 Severability. If any provision of these Terms or the application of it is found or held to be invalid or unenforceable in whole or in part in any jurisdiction in which these Terms is being performed, the remainder of these Terms shall be valid and enforceable and the Parties shall in good faith seek to amend such provisions and thereby these Terms in order to give effect to, so far as is possible, the spirit of these Terms and to achieve the purposes intended by the Parties.
9.4 Notices. Unless otherwise provided in these Terms, any notice shall be in writing and shall be sufficiently given if delivered personally, or if transmitted by email addressed to Parties at their respective email addresses set forth in the Order Confirmation; or four (4) days after mailed by prepaid registered post addressed to Parties at their respective addresses set forth in the Order Confirmation or at such other address as is specified by notice.
10. Governing law and dispute resolution
10.1 This contract shall be governed by the substantive law of Sweden, without application of its choice of law principles.
110.2 Dispute resolution: Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be settled by Swedish courts with the district court of Gothenburg as first instance.
