Terms and Conditions

1. INTERPRETATION

1.1 In these conditions: ‘BUYER’ means the person, firm or company entering into the Contract to purchase the Goods from the Seller ‘CONDITIONS’ means these standard Terms and Conditions of sale and any special terms agreed in writing. ‘CONTRACT’ means the Contract for the sale of Goods by BIOSCINT ENGINEERING LTD to the Buyer – ‘GOODS’ means the goods and / or services which the Seller is to supply to the Buyer under the CONTRACT – ‘SELLER’ means BIOSCINT ENGINEERING LTD.

2. BASIS OF THE SALE

2.1 The Seller shall sell and the Buyer shall purchase the Goods and / or Services. These Terms and Conditions shall govern the Contract to the exclusion of any other Terms and Conditions. No order shall be accepted or deemed to be accepted and a Sale completed unless and until confirmed in writing by the Seller. These Conditions shall constitute the entire agreement in relation to the sale of the Goods. No change, variation or additions to the Contract or these Terms and Conditions of Sale will be binding unless it is in writing and accepted by BIOSCINT ENGINEERING LTD.

3. ORDERS AND SPECIFICATIONS

3.1 The quantity, description and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller), provided that the Seller reserves the right to make changes to the specification of its Goods, provided such changes do not materially affect the Goods’ quality, performance or fitness for the purpose for which the Buyer requires the Goods or for which they are normally used.

3.2 Where the ordered quantity is non-standard, BIOSCINT ENGINEERING LTD reserves the right to reduce or increase if it is not possible to reduce the delivered quantity by the amount required to attain a standard packing volume or amount.

3.3 Where requested by the Seller in relation to particular material whether printed or manufactured delivered to the Buyer, the Buyer shall at all times protect any such material whether printed or manufactured from passing into the possession or knowledge of third parties or from being reproduced without the prior written consent of the Seller. The Buyer will be bound to report any such occurrences forthwith to the Seller. Any such material whether printed or manufactured or electronic will remain the sole property of the Buyer and must be returned upon first request.

4. PRICE OF THE GOODS

4.1 The price of the Goods shall be the Seller’s quoted price, or where no price has been quoted or a quoted price is no longer valid, the price listed in the Seller’s then current price list or quotation. All prices quoted are valid for 30 days unless otherwise specified. Unless otherwise specified in writing, all prices include delivery to Buyer’s address and exclusive of any applicable value added tax, or any other taxes or contributions, which the Buyer shall additionally be liable to pay to the Seller. Any variation will be quoted in the Seller’s offer. Unless otherwise specified prices quoted are INCLUSIVE of installation.

5. PAYMENT TERMS

5.1 Unless otherwise agreed to in writing, the Buyer shall pay the price of the Goods (without set-off or any other deduction) not later than the end of the month following the month of delivery.

5.2 If the Buyer fails to present himself for delivery of the Goods prior to the expiration of the time fixed for delivery of the Goods, or if on presenting himself for delivery has not concurrently tendered the payment, the Seller may:

5.2.1 suspend all or any further deliveries to the Buyer made under this or any other contract with the Buyer without prejudice to the Buyer’s obligation to the Seller under this or any other Contract, or to cancel this or any other contract with the Buyer and to claim damages from the Buyer and to take back the thing sold; and

5.2.2 appropriate any payment to such of the Goods (or goods supplied under any other Contract between the Buyer and the Seller) as the Seller may think fit; and

5.2.3 charge the Buyer interest (both before and after any judgement, if this is requested or required) on the amount unpaid, at the rate of 5% per annum above The Central Bank of Malta base rate from time to time accruing daily, until payment in full is made.

6. DELIVERY

6.1 Unless otherwise stated, the standard delivery period shall be 8 – 12 weeks from receipt of purchase order.

6.2 Delivery shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place. Reasonable access to the place of delivery is to be granted to the Seller in order to allow for the proper and timely execution of this task. If the Buyer obstructs delivery, the Seller will be entitled to invoice and claim for money due as per clause 5.1 above including rental for storage and costs for re-delivery in cases of any undelivered goods.

6.3 Whereas the Seller shall endeavor to deliver in accordance with any agreed approximate Delivery Dates, such Delivery Dates shall nevertheless remain approximate only and the Seller shall be allowed reasonable leeway with regard to the time of Delivery.

6.4 Where the Goods are to be delivered in installments, each delivery shall constitute a separate Contract. Failure by the Seller to deliver any one or more of the installments or any claim in respect of one or more of the installments shall not entitle the Buyer to treat the Contract as a whole as repudiated

7. RISK AND PROPERTY

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer, in case of Goods to be delivered at the Seller’s premises, when the Seller notifies the Buyer that the Goods are available for collection; or in case of Goods to be delivered elsewhere, at the time of delivery; or if the Buyer wrongfully fails to take delivery, when the Seller tendered delivery.

7.2 Notwithstanding delivery and the passing of risk, the property in the Goods shall not be deemed to have passed and shall not pass until the Seller has received, in cleared funds, full payment of the price of the Goods and all other goods sold by the Seller to the Buyer under any other Contract.

7.3 Until the property in the Goods passes to the Buyer:-

7.3.1 the Buyer shall hold the Goods as the Seller’s fiduciary for the benefit of the Seller, and shall keep the Goods separate from all other goods and property stored, protected and insured and identified as the Seller’s property. The Buyer shall be entitled to resell or use the Goods in the ordinary course of business, but in this case shall have a fiduciary duty to the Seller to account for the proceeds of sale or otherwise of the Goods. Goods marked ‘Not for Resale’ may not be resold without the express permission of the Seller

7.3.2 The Seller may require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises where the Goods are stored and repossess the Goods.

7.4 The Buyer shall not be entitled to charge by way of security any of the Goods which remain the property of the Seller. If the Buyer does so, all moneys owing by the Buyer to the Seller shall, forthwith become due and payable

8. WARRANTIES AND LIABILITIES

8.1 The Seller warrants the Goods sold against any latent defects which may render the Goods unfit for the use for which they were intended, or which diminish its value to such an extent that the buyer would not have bought it or would have tendered a smaller price had he been aware, provided that:-

8.1.1 the Seller shall be bound by such warranty up to a period of twelve (12) months from Delivery of the sold Goods;

8.1.2 the Seller shall not, in any case, be answerable for any apparent defects which the buyer may have discovered for himself;

8.1.3 the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer; or a variation in specification which is due to compliance with a mandatory requirement imposed by law or authority;

8.1.4 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence or abnormal working conditions on the part of the Buyer and/or failure by the Buyer to follow the Seller’s or the manufacturer’s instructions, misuse or alteration or repair of the Goods without the Seller’s approval;

8.1.5 if the total price for the Goods has not been paid by the due date for payment, the Seller shall be under no liability, until the total price for the Goods has been paid;

8.2 Any claim by the Buyer under the warranty in Condition 8.1 shall be notified to the Seller within 7 days from the date on which the latent defect is discovered but in any case not later than twelve (12) months from the date of delivery. Where the Goods fail to correspond with the specification but delivery is not refused, the Seller shall have no liability to the Buyer.

8.3 Following notification of any valid claim under the warranty in Condition 8.2, the Buyer shall be entitled to demand replacement of the Goods (or the part in question) free of charge or to a refund of the price of the Goods (or a proportionate part of the price) without further liability on the part of the Seller.

8.4 Except in respect of death or personal injury or damage caused by the Seller’s willful misconduct or gross negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty under Maltese law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

8.5 The Buyer will be deemed to have accepted the Goods as delivered in total and in good condition upon signing the Delivery Note that will accompany all deliveries carried out by the Seller. The Buyer will not have recourse to change this statement unless it is made at the time of delivery and on the same delivery note that accompanies the goods.

9. INSOLVENCY OF BUYER

If the Buyer becomes insolvent or ceases or threatens to cease to carry on business or the Seller reasonably apprehends that any of these events is about to occur, the Seller shall be entitled to cancel the Contract and any other Contracts with the Buyer or suspend any further deliveries under the Contract and any other Contracts with the Buyer without any liability. If the Goods or any other goods have been delivered, but not paid for, the price shall become immediately due and payable

10. EXPORT TERMS

10.1 Where the Goods are supplied for export, this clause 10 shall apply notwithstanding any other provisions.

10.2 The Buyer shall be responsible for complying with laws governing the importation of the Goods and the payment of duties.

10.3 The Goods shall be delivered CIF (“cost, insurance and freight”) at the air or sea port indicated in the offer. The Seller shall be under no obligation to give notice of their arrival there.

11. GENERAL

11.1 Neither party shall be entitled to assign the whole or any part of this Contract without prior written consent of the other.

11.2 Any notice required or permitted to be given hereunder shall be in writing addressed to the other party at it’s registered office or principal place of business or such other address as may have been notified. A notice shall be deemed to have been received, in the case of a facsimile, upon transmission and, in case of a letter, forty-eight hours after posting

11.3 The failure of BIOSCINT ENGINEERING LTD to insist on strict performance of any of the Terms and Conditions of the Contract will not be construed as a waiver of any such Terms and Conditions and will in no way affect the right of BIOSCINT ENGINEERING LTD to enforce such provisions later.

11.4 If any provision of these Conditions is held to be invalid or unenforceable in whole or part, the validity of the other provisions and the remainder of the provision in question shall not be affected.

11.5 The Contract shall be governed by the laws of Malta and the Buyer agrees to submit to the exclusive jurisdiction of the Maltese courts.

1) Conditions

All of the terms and conditions of this guarantee are contained in this certificate and cannot be varied without the written authorisation of the Company. It is expressly agreed that the Company will be released from all liability and obligations under this guarantee if the terms and conditions of this certificate are not fully complied with in full. The consumer enjoys certain rights at law in relation to the sale of goods to consumers and those rights are in no way adversely affect by this guarantee. This guarantee is given without prejudice to the terms of the Warranties given under the General Terms and Conditions of Sale and particularly to the obligations and limitations applying to the Seller for latent defects.

2) Risk Covered

The risk covered by this certificate is failure of the product within 12 months of the date of invoice as a result of electrical or mechanical breakdown attributable to bad workmanship and/or faulty material used in manufacture, installation or after sales service only. If the product fails during the warranty period due to fair wear and tear the Company will not be liable. In the case of
after sales service, the guarantee period will be six (6) months from date of last service report. This guarantee does not cover consumable or disposable items whether purchased with equipment or on their own.

3) Coverage

Coverage under this guarantee will only extend to the repair of the product. Where the product cannot be repaired, a replacement may be offered. In such cases the value of the replacement may not exceed that of the original purchase. At the guarantor’s sole discretion, the buyer may be given back the money paid for the product if this cannot be repaired or replaced. In any case, whereas the Company endeavors to supply replacement parts or repair services the Company does not warrant that such replacement parts or repair services shall necessarily be made available or stocked by the Company

4) Notification of Claim

Any claim under this guarantee must be notified to the Company within 14 days of breakdown and within the 12 month guarantee period as per paragraph 2 above. Only claims for loss of functionality as originally specified in a quotation or advertisement will be considered. Claims made for loss of functionality that was never specified in writing will not be entertained.

5) Repairs to products

Any work under this certificate to products may be either carried out at the Company’s premises or at the Customer’s premises. Products that are returned to the Company’s premises are returned at the purchaser’s expense.

6) Transfer of cover

No transfer of cover is allowed to other products or persons other than the original purchaser unless otherwise agreed to in writing prior to any such transfer.

7) Avoidance of cover

The certificate of guarantee shall be void in the event of fraud, nondisclosure or if the purchaser has tried to repair the product without first notifying the Company and without receiving the Companies written permission. The Guarantor will not accept any liability in the case of products that have been serviced or tampered with by unauthorized parties. The only authorized personnel recognized by the guarantor are those that are specifically tasked by the guarantor to offer after sales services

EXCEPTIONS

7.1 The Company will not be liable in the event that breakdown:-
7.1.2) is caused by or in consequence of :
7.1.2.a) accident, fire, lightening, theft, explosion, aircraft or other aerial device or articles dropped there from, flood or earthquake
7.1.2.b) scratching, denting or the direct application of a tool.
7.1.2.c) abuse, misuse or neglect or use of the product which is not in accordance with the Companies instructions.
7.1.2.d) the variation and/or failure of water, electricity or gassupply.
7.1.2.e) the permanent or temporary termination of any mains service whether or not due to any act or default of the certificate holder.
7.1.2.f) adjustment of external controls.
7.1.2.g) the failure and/or replacement of parts, incorrect connections to water/electricity supplies or external wiring or plumbing not forming part of the product.
7.1.2.h) corrosion or blockages
7.1.2.j) Foreign bodies entering any part of the product.
7.1.2k) The Company will not be liable for damage to any parts, wiring, inlets or anything not belonging to the product.
7.1.2l) The use of improper accessories or the use of accessories and consumables that have not been approved by the guarantor for use with or in connection to the product

7.1.3) The Company will not be liable for :-
7.1.3.a ) loss of use of the product or consequential loss of any nature.
7.1.3.b) the amount of any loss or damage recoverable under any insurance or other insurance policy or guarantee.

7.1.4) The company will not be liable if:
7.1.4.a) the product is purchased second hand.
7.1.4.b) the product is modified in any way after leaving the companies premises.

7.1.5) The certificate does not cover :
7.1.5.a) loss or damage caused by or occurring through war, invasion of foreign enemy, hostilities (whether war has been declared or not), civil war, rebellion, insurrection or military or usurped power, riot, strike, labour disturbance, lockout, or civil commotion.
7.1.5.b) loss or destruction of, or damage to, any property whatsoever resulting or arising there from, or any consequential loss or legal liability of whatsoever nature directly or indirectly caused by or contributed to or arising from :- i) ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of any
nuclear fuel. ii) the radioactive, toxic, explosive or other hazardous properties of any explosion, nuclear assembly or nuclear component thereof.

7.1.6) Repairs made to the product, or loss occurring outside territory of Malta

Refund Policy

Overview

Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

Gift cards
Downloadable software products
Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted:

Book with obvious signs of use
CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 30 days after delivery

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at {email address}.

Sale Items

Only regular priced items may be refunded. Sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at {email address} and send your item to: {physical address}.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

Shipping returns

To return your product, you should mail your product to: {physical address}.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

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