Terms & Conditions

 

AquaBioTech Limited

 

Company registration number : C 22950
VAT number : MT 15170707

 

Definitions 

 

"Seller" means the AquaBioTech Group consisting of any company or organisation that falls under this operating name 

 

"Customer" means any person or organisation and its representatives who accepts Seller’s quotation for the sale of the Products or whose order for the Products the Seller accepts in accordance with these Conditions.

 

"Conditions" means the Terms and Conditions of sale set out in this document and any special Terms and Conditions that have been agreed in writing by the Seller.

 

"The Contract Documents" means any purchase order, delivery note or other document relating to the sale of the Products.

 

"Products" means goods and services supplied by the Seller in accordance with these conditions.

 

Orders are accepted subject to the following Conditions

 

Exclusion of Terms

 

All warranties and conditions other than those given herein are hereby expressly excluded and the following Conditions only apply.

 

Validity

 

Unless expressly agreed in writing by the Seller contracts and orders are accepted upon, and are subject to, these Conditions. These Conditions are subject to any special stipulations set out by the Seller in the Contract Documents.

 

Any variation to these Conditions (including any special terms and conditions agreed between the Parties) shall be inapplicable unless agreed in writing by the Seller.

 


Cancellations

 

All orders are accepted only on condition that no cancellation shall be made unless agreed in writing by the Seller.

 


Price and Payment

 

Unless otherwise agreed the Prices stated are for delivery ex-works (EXW as defined in INCOTERMS 2010) and are subject to the addition of transport charges if delivery is to take place other than at the Seller’s premises.

 

All prices are exclusive of VAT if chargeable in the EU or any taxes, duties or charges levied in the country of destination in respect of the Products / services or their use. Any such taxes duties or charges shall be payable by the Customer.

 

The Customer will pay to the Seller the amount of any valid invoice for the Products in full in advance and Services within the stipulated payment terms defined on the Seller’s invoice.

 

Time of payment shall be of the essence.  If Customer fails to make full payment to the Seller within thirty (30) days of the due date of payment then without prejudice to any other right or remedy the Seller shall be entitled to cancel the contract or suspend any further deliveries to the Customer and to charge interest from the due date at the rate of eight percent (8%) until payment is made in full.

 

Limitation of Liability

 

Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law relating to the Products.  The Seller shall be under no liability whatsoever to the Customer for any indirect, consequential or incidental damages suffered by the Customer. In any event, and notwithstanding anything contained in these Conditions, the Seller’s aggregate liability to the Customer shall not exceed the price of the Products.

 

Indemnity

 

The Customer shall indemnify the Seller against all actions, proceedings, claims or demands connected to the supply of Products brought or threatened against the Customer by a third party except to the extent that the Seller is liable to the Customer under these Conditions.

 

Intellectual Property Rights

 

The Seller reserves all rights in its pre-existing intellectual property and in any intellectual property arising from the provision of the Products, but will issue such permissions or licences as are necessary for the Customer to benefit from the Products.

 

Third Party Rights

 

Nothing herein shall be construed as establishing any right enforceable by any third party.

 

Fitness for Purpose 

 

Whilst the Seller shall use its best endeavours with regard to supply of the Products no warranty shall be implied relating to the quality and/or fitness for purpose of the Products. The Customer accepts responsibility for the Products and all combinations of the Products with other software, goods or services, irrespective of whether or not these products were supplied by the Seller or another third party.

 

Delivery

 

No claim for non-delivery, shortage or damage will be considered unless received in writing by the Seller, and also by any carrier known to the Customer to be concerned, within fouteen (14) days of the stated date of delivery of the Products.

 

Retention of Title

 

Whilst risk in the Products shall pass to the Customer on delivery, property in the Products shall not pass to the Customer until full payment of the invoice price of these Products has been received by the Seller.

 

Force Majeure

 

The Seller shall be not liable for any delay in performing or failure to perform its obligations under these Conditions due to any cause outside its reasonable control, including but not limited to acts of God, epidemics, natural physical disasters, war, war threat or preparation for war, civil commotion, riot, extreme weather and industrial disputes. Such delay or failure will not constitute a breach of these Conditions and the time for performance will be extended by such period as is reasonable.

 

Interpretation

 

All headings are for ease of reference only and will not be used in construing any provision in these Conditions.

 

Assignment

 

The Customer may not assign or otherwise assign its rights and obligations in these Conditions without the prior written consent of the Seller.

 

Saving of Rights

 

The failure of Seller at any time to enforce any of these Conditions shall not constitute a waiver of the same or affect the Seller’s right thereafter to enforce the same.  If any provision of these Conditions proves to be void or unenforceable the remaining provisions shall continue in full force and effect.

 

Governing Law

 

These Conditions shall be governed by and construed in accordance with the laws of the Republic of Malta. The Seller and the Customer agree to submit to the exclusive jurisdiction of the courts of Malta.

 

Making A Purchase

 

If you are a Customer from outside of Malta, place your payment via SWIFT Transfer and your Bank will convert the transaction into your own currency. Please note that we charge for all items on receipt of order.

 

Taxes and Tax Charges

 

Malta VAT is payable on all transactions to Maltese Customers.  Customers inside the EU will need to pay Malta VAT at 18.0% unless they provide a valid EU VAT number.  Customers outside of the EU do not have to pay VAT.  Any customers found to have claimed exemption when they are not entitled will have to pay the additional VAT charge before we will affect delivery or product or service. 

 

Any and all other taxes and/or withholding tax that may be due in countries where clients are registured or where projects are commissioned for in terms of project location are not included in any quotation offered and are the sole responsibility of the client.

 

Privacy Policy

 

AquaBioTech Group does not disclose Customers` / clients information to third parties and all AquaBioTech Group staff and personnel are bound by strict client confidentiality agreements.