sspions pdms order about us contact send nanos scientificae ltd. nanos sci is a spin out company from j. stefan institute developing nanotechnology solutions based on magnetic nanoparticle clusters magnetic nanobeads inanovative platform . 2015 all rights reserved terms and conditions website created by tamara designed by tjasa terms and conditions general terms and conditions of nanos scientificae d.o.o. ljubljana effective as of october 2013 1 . applicability of these terms and conditions 1.1 the terms and conditions set forth below shall govern all deliveries and services rendered by nanos scientificae d.o.o. from hereon abbreviated as nanos sci to the customer . they shall also apply without a separate agreement to all future transactions with the customer . 1.2 these terms and conditions shall apply to the exclusion of all other terms and conditions and nanos sci shall not be bound by any terms or conditions contained in any purchase order acknowledgement acceptance or other documents submitted by customer which propose any terms or conditions in addition to or differing from the terms and conditions herein set forth irrespective of whether any of the same are in written or electronic form and objection is hereby made to any such terms and conditions of customer . nanos sci s failure subsequently to object to such terms and conditions contained in customer s documents shall not be deemed a waiver of any of these terms and conditions herein set forth which shall constitute the entire agreement between the parties . no amendment deletion supplement or change in these terms and conditions shall be binding upon nanos sci unless separately and specifically approved in writing and signed by a duly authorized representative of nanos sci 1.3 these terms and conditions are subject to change without notice at any time in our sole discretion . 2 . conclusion of contracts ; offer documents 2.1 our offers and quotations are always without obligation . commissions and orders from the customer shall only become binding upon our written confirmation including delivery note or invoice . 2.2 our field workers and sales personnel are not authorized to conclude oral agreements . any oral commitments deviating from our offer quotation or order confirmation shall only be valid if confirmed in writing and signed by a duly authorized representative of nanos sci the customer shall bear the burden of proof that we have agreed to any terms that are not set forth in writing . 2.3 verbal agreements made after execution of a contract must be confirmed in writing by a duly authorized representative of nanos sci to be valid . 3 . performance ; delivery 3.1 in the event the customer has to supply us with materials provide us with information or meet other duties of cooperation for the execution of the order it shall be essential that we be able to rely on the accuracy completeness and proper quality of the materials and information provided and the complete fulfillment of the duties of cooperation . as long as the customer does not properly meet the above mentioned duties we shall be released from the obligation to perform . 3.2 representations as to deadlines for delivery of products or services are approximate only unless we have given an express binding commitment in writing . deadlines for deliveries and services shall begin to run when the order confirmation is given but not before all technical issues and details relating to the order have been resolved . deadlines shall not apply if the customer is in default with the fulfillment of its duties in particular with regard to the provision of materials documents exemptions or permits that have to be furnished by the customer or with regard to any payments which must be made for the deliveries or services or previous deliveries or services or other cash due . 3.3 delivery dates shall be deemed to have been met if on or before this date the products or the deliverables of the services have left our facilities or are ready for dispatch and the customer has been notified accordingly . 3.4 nanos sci shall not be responsible for failure or delay in performance or delivery as the result of events of force majeure including all revisions of statutory law acts of governmental authority or any agency or commission thereof war fire flood accidents acts of god terrorism embargoes acts of third parties breakdown of equipment shortages of material labor or power labor strikes work stoppage or labor unrest or any other cause beyond our reasonable control that renders the delivery or service substantially more difficult or impossible . this shall also apply if such events occur during a delivery delay or at a supplier . if any of the foregoing events occurs we may make deliveries of the products and services proportionate to production and or postpone the shipment or delivery period of the products and services to a reasonable time after the difficulty has ceased or we may at our option upon due notice given to customer after the commencement of any such event declare the agreement terminated and all rights and liabilities of nanos sci and customer except with respect to products and services previously shipped or performed or in our inventory shall cease and terminate . in no event we shall be liable to the customer for compensation or damages . we shall notify the customer without undue delay of the obstacle to performance and of its end . 3.5 import export and or the transport of products outside of slovenia shall be subject to the import and or export regulations applicable in slovenia the european union the country imported to and in all other relevant jurisdictions as the case may be . the customer shall be solely responsible for the procurement of relevant approvals and permits . however at the customer s request and expense we shall use our best efforts to the extent reasonable and economical to obtain the approvals necessary for the export of the subject of the agreement and or any other necessary documents from the domestic authorities . we reserve the right to determine whether we will sell and or deliver products and or services to customers and or nationals of countries outside the european union . 3.6 in the event we negligently delay delivery or service we shall be liable for the customer s losses for each complete week of delay in the maximum amount of 0.6 percent of the value of the delivery or service but maximum 6 percent of the value of the part of the total delivery or service that can not be used at the time required or for the purpose designated in the agreement as a result of the delay . this limitation shall not apply if our liability is due to intentional misconduct or gross negligence . any degree of fault on the part of the customer shall be taken into account . 3.7 if the customer fails to accept delivery or negligently breaches other obligations to cooperate with us we shall be entitled to compensation for any loss that we may suffer as a consequence including any additional expenses or costs that we may incur as a result of the delay . 3.8 we shall be entitled to make partial deliveries unless it would be unreasonable to expect the customer to accept such partial deliveries . each partial delivery may be invoiced separately . 4 . shipment ; risk 4.1 unless otherwise agreed in writing shipments of products and or deliverables of services shall be nanos sci s facility . 4.2 title and risk of loss or damage to the products and or deliverables of services as well as the obligation to bear any costs relating thereto shall pass to the customer upon nanos sci s making delivery to a carrier in good condition consigned to customer or as customer may direct . this shall also apply in the event of partial deliveries . if the shipment is delayed as a result of instructions from the customer or due to customer s fault in particular because customer has failed to give proper instructions in due time risk shall pass to the customer upon notification that the merchandise is ready for shipment . 4.3 any shipment shall be made on behalf of the customer . this shall also apply if owing to individual arrangements we bear the costs of shipment or have the shipment insured or mount or set up the products on the customer s premises . we shall not be liable for damage and loss during transport . in particular any damage and loss shall not release the customer from the obligation to pay the purchase price in full . if the customer has not given any special orders relating to shipment we shall have the shipment sent via the best route at our discretion . at the customer s request which must be communicated in writing upon order placement we shall take out transport insurance for the shipments on behalf and at the expense of the customer . we shall be entitled to name ourselves as beneficiary . we shall only be liable for care customarily taken when choosing the insurer for the transport . 4.4 if shipment is delayed due to the customer s fault nanos sci may at its discretion after the expiration of a grace period of one week either arrange for shipment at the expense and risk of the customer or provide for storage of the products and charge the storage costs to customer . in the case of storage nanos sci shall be entitled to charge the customer a monthly storage and handling fee in the minimum amount of 0.5 percent of the invoiced purchase price for each month of delay . we reserve the right to assert a claim for higher storage costs in the event such higher costs are incurred . 5 . prices 5.1 all prices are quoted exw incoterms 2000 including normal packaging . the customer shall bear the costs for shipment which will be charged separately at the applicable rates . 5.2 all prices are subject to change without prior notice except for work in progress or as otherwise specifically provided in a written quotation signed by an authorized representative of nanos sci rates of tax and duties on the products and services will be those applying at the time of invoice . 5.3 prices quoted unless otherwise expressly stated are exclusive of any sales use or excise taxes customs duties imposts or other assessments of any kind value added or similar taxes which may arise from the manufacture processing sale delivery or shipment of the products or services and customer shall be solely responsible for any and all such taxes duties or other assessments . if nanos sci has the legal obligation to collect any such taxes duties or other assessments the appropriate amount shall be added to nanos sci s invoice to customer and paid by customer . if for whatever reason nanos sci does not collect any such amount from customer and nanos sci becomes liable to pay any such taxes duties or other assessments or any penalties related thereto customer shall promptly pay such amounts directly to the appropriate governmental authority or if nanos sci is required to pay or has paid such amounts shall pay such amounts to nanos sci in accordance with section 11 below . 6 . limited warranty 6.1 nanos sci s products are manufactured and all services are rendered with due care and in accordance with applicable statutory laws and regulations . owing to the complexity of our nanotechnology products materials and procedures however it can not be guaranteed that our products or services function without defects in all applications environments and or combinations . for this reason nanos sci does not assume any guarantee or liability to the effect that our products or the results of our services are appropriate in each