Terms & Conditions of Sales
The present Terms & Conditions (hereinafter, “T&C”) govern the purchase or use of the Products (as defined below) initially offered on the webpage along with the specific conditions detailed in each relevant offer or quotation. All products (hereinafter, referred to in general as “Products”) are supplied by Medcom Advance, S.A (hereinafter, “Medcom Advance”) to each relevant customer (hereinafter, the “Customer”).
The placement of an order to Medcom Advance and the further Customer quotation’s acceptance, implies full and unreserved acceptance by the Customer, and the validity, of each and every one of the terms of these T&C, which shall be considered automatically and validly incorporated into the relevant agreement of sale, of which they shall form an inseparable part, without the need for their written transcription therein.
Products offered and supplied by Medcom Advance, are addressed to natural or legal persons acting within the scope of their commercial or professional activity. The establishment of different commercial conditions and agreements from the present ones will require, in any case, an express and written agreement between the Customer and Medcom Advance.
Ordering and quotation
Orders should be sent by email or by Medcom Advance forms. Quotations of the Products, upon agreed, will be emailed by Medcom Advance to the Customer. Confirmation and acceptance of the quoted price must be formalized by sending the quotation duly completed and signed to Medcom Advance’s e-mail.
Prices and payment conditions
Payments should be done by bank transfer. All payments should be done in Euros and comply with the payment terms invoiced. The Customer is responsible of all the charge due to the transfer and/or the currency exchange. The Customer will be responsible for any bank charges incurred for processing wire transfers. Any other fees incurred by other banks are the responsibility of the Customer.
The prices of Medcom Advance’s catalogue are in Euros and can be subject to revision or change at any time by Medcom Advance. VAT and shipping costs are not included in the catalogue price. Shipping costs will be included in the quotation, if required. Orders should be written confirmed. Medcom Advance guarantees prices offered for 30 days. Please, ask for quotation if it is not specified on the web. There is no minimum order amount. Full pre-payment is required before the order is processed. A proforma invoice will be sent upon acceptance of the quotation. Payment receipt must be sent to Medcom Advance as guarantee. Please, indicate the proforma number when performing the bank transfer.
Transportation and delivery information
Customer can use its own transport means, in which case the Customer must perform the arrangement to contact them to ask for the collection of the order when Medcom Advance indicates that it is already available. Any delivery shall be made at the Customer’s risk; the risk shall pass to the Customer at the time of dispatch. Otherwise, Medcom Advance will provide transportation (shipping costs are not included in the Product’s price). In case Medcom Advance manages the shipment at the Customer’s request, the Customer agrees and declares, unless otherwise agreed by both parties at the time of purchase, that the delivery of the Products will take place at Medcom Advance’s own facilities, so that Medcom Advance shall under no circumstances be responsible for the shipment of the Products once they leave its facilities.
Delivery times will be informed in each case and will depend on the availability of the Products ordered and the geographical location. Any period of delivery and performance specified or confirmed by Medcom Advance shall merely be indicative. Certain Products, for their toxicity, flammability, weight, legal restrictions or other circumstances, will need systems or special transport means. In this case the delivery period may be higher. Please ask for confirmation of delivery period when ordering and ask us whether there is any additional charge to the catalogue price.
Medcom Advance guarantees that its Products comply with the descriptions and specifications contained in the catalogues, analytical data or other information provided by Medcom Advance. This warranty is exclusive, and Medcom Advance makes no other warranty, express or implied, including any implied warranty of commercialization or suitability of the Products for any particular purpose. The Customer shall be responsible for examining the Product at his/her/its own expense and without undue delay to ensure that it is free of defects. The Customer shall notify Medcom Advance without undue delay any defects or reduced quantities. A preclusive time limit of five days following receipt of the delivery shall apply to such notification.
Medcom Advance guarantee about the Products of a particular sale, shall not apply in the case that Medcom Advance in its own judgement, determine that the Customer misused the Products in any manner, has failed to use the Products in accordance with industry standards and practices, or has failed to use the Products in accordance with instructions, if any, provided by Medcom Advance. In the event that notification of a defect is given, Medcom Advance shall be entitled to view and examine the Product to which the Customer objects. The Customer shall grant Medcom Advance the necessary time and opportunity to do so. If requested by Medcom Advance, the Customer shall send back the Product to which the Customer objects to Medcom Advance. If the notification of a defect proves to be unwarranted, the Customer shall reimburse Medcom Advance for all expenditure incurred in this context.
The obligation under this warranty shall on no account cover the following: natural wear and tear; damage from improper handling, use, operation, etc. of the Product; damage due to improper modification carried out by the Customer or by a third party; damage resulting from the processing, mixing, bonding or from any other modification of the Product.
Medcom Advance’s sole and exclusive liability and the Customer’s exclusive remedy with respect to the Products proved to Medcom Advance’s satisfaction to be defective or nonconforming shall be the free replacement of such Products without charge or refund of the purchase price upon the return of such Products in accordance with Medcom Advance’s instructions. Shipping costs will be at Customer’s expense.
Medcom Advance shall not in any event be liable for incidental, consequential or special damages of any kind resulting from any use or failure of the Products, even if Medcom Advance has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of work in progress, down time, loss of revenue or profits, failure to realize savings, loss of products of the Customer or other use or any liability of the Customer to a third party on account of such loss, or for any labour or any other expense, damage or loss occasioned by such product including personal injury or property damage.
Customer’s use of Products
The Customer acknowledges that the Products have not been tested by Medcom Advance to ensure the safety and efficacy in food applications, pharmaceutical, cosmetic, medical, commercial, or others, unless stated in the literature provided by Medcom Advance to the Customer. Medcom Advance Products are ONLY destined for research purposes in the laboratory. Unless stated in the documentation or on individual product labels, catalogues or other information provided to the Customer, it is forbidden to use them for different purposes, including but not limited to them: in vitro diagnostic, use in food, pharmaceutical, medical, or cosmetics neither for use in humans nor animals, nor for commercial purposes.
The Customer must ensure that he/she/it will use any Product purchased from Medcom Advance, in accordance with the practices of a reasonable person who, being an expert on the scope of correspondent applications, act in strict compliance with all laws and regulations. The Customer is responsible for notifying his/her/its Customers or any auxiliary personnel of potential risks associated with the manipulation or the use of the Products purchased from Medcom Advance and the purpose for who they are addressed. The Customer agrees to comply with the instructions provided by Medcom Advance if any, and not using the Products improperly in any way.
No Products purchased from Medcom Advance, will be considered or may be used as a food, drug, cosmetics or in general, as a public consumer product.
The information on this website is believed to be accurate, but all recommendations are made without warrant. Medcom Advance disclaims any liability in connection with the use of the information and does not warrant against infringement by reason of use of its Products in combination with other materials, in any process, or otherwise.
Customer’s Representations and Indemnity
The Customer represents and warrants that he/she/it shall use all Products ordered herein in accordance with paragraph “Customer’s Use of Products”, and that any such use of the Products will not violate any law or regulation. The Customer agrees to indemnify and hold harmless Medcom Advance, its employees, agents, successors, officers, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Medcom Advance may sustain or incur as a result of any claim against Medcom Advance based upon negligence, breach of warranty, strict liability in tort , contract, or any other theory of law brought by the Customer, his/her/its officers, agents, employees, successors or assigns, by the Customer’s, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other third parties, arising out of, directly or indirectly, the use of Medcom Advance’s Products, or by reason of the Customer’s failure to perform its obligations contained herein.
Medcom Advance shall only be liable for damage sustained by the Customer where Medcom Advance or any of its legal representatives or vicarious agents, has acted with wilful intent or gross negligence. This shall also apply to damage resulting from the infringement of obligations during contractual negotiations or from unauthorised acts. Except in the case of wilful intent, Medcom Advance’s liability shall be limited in each case to the foreseeable damage that typically occurs.
Medcom Advance shall not be liable for any loss, damage or penalty as a result of any delay, deliver or otherwise perform hereunder due to any cause beyond Medcom Advance’s reasonable control, including, without limitation, unsuccessful reactions, act of the Client, embargo or other governmental act, regulation or request affecting the conduct of Medcom Advance’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, epidemics, pandemics, lightning, flood, windstorm or other natural events, delay in transportation, or inability to obtain necessary labour, fuel, materials, supplies or power at current prices.
Confidentiality and data protection
The Customer shall undertake to keep secret all commercial and technical information, including the quotation, know-how or commercial secrets, which he has received from Medcom Advance in the course of the business relationship and not to disclose the aforementioned information to any third party without the Medcom Advance’s express prior written consent. This obligation shall apply irrespective of whether the information was made accessible orally, in writing, by electronic means or on data media and irrespective of whether or not the information made accessible was expressly marked as confidential in the individual case at hand. The Customer shall undertake to exercise the degree of care he usually exercises in his/her/its own affairs in order to keep the information confidential, but the degree of care he/she/it takes shall be no less than what may reasonably be expected.
The Customer shall particularly undertake to use the information solely for the purposes of each relevant contract on the basis of which the information was provided to him, and to refrain from using the information in any other way for commercial or other purposes, from copying the information and from passing on the information in any other way without Medcom Advance prior written consent.
Intellectual and industrial property
Medcom Advance does not warrant that the use or sale of the Products delivered under a contract will not infringe the claims of any patents covering the Product itself or the use thereof in combination with other Products or in the operation of any process. The Customer shall indemnify Medcom Advance from all third-party claims in case the Customer infringes the intellectual property or any other right of a third party. It is the responsibility of the Customer to carry out the necessary checks in order to ensure that the use of the Products do not interfere with third parties ’intellectual property rights. Medcom Advance shall not be held accountable in any way concerning these aspects of the domain name.
Applicable Law and Jurisdiction
The relationships established between Medcom Advance, and the Customer shall be governed by the laws of Spain, without prejudice to the fact that other legislation may be applicable pursuant to the provisions of Spanish and/or European Union laws concerning the applicable legislation and competent jurisdictions. However, in cases where the applicable legislation provides for the Parties to submit to a given jurisdiction, Medcom Advance, and the Customer, expressly waiving their right to any other jurisdiction to which they might be entitled, shall file any disputes and/or litigations before the Courts and Tribunals of the city of Barcelona.
In the event that any of the provisions of the contractual relationship, including the any provision of the present T&C, be deemed void or inapplicable, totally or partially, by any court, tribunal, or competent administrative body, the remaining parts or provisions shall nevertheless remain in full force and effect. The invalid, void or impracticable provision shall be replaced by a provision which corresponds as closely as possible to the commercial purpose of the invalid, void or impracticable provision. The same shall apply to any contractual gaps.
Non-exercise or non-enforcement on the part of Medcom Advance of any right or provisions contained in these T&C shall not constitute a waiver to them, unless Medcom Advance acknowledges and agrees to such waiver in writing.