Terms and Conditions
These Terms and Conditions (“T&C’s”) constitutes a legally binding agreement between a customer (“Customer” or “Purchaser”) and Graphmatech AB (“Graphmatech”, also referred to as “The Seller”). The site www.graphmatech.com including all of its subpages is provided by Graphmatech. When placing an order at the site, the Customer acknowledges and accepts these Terms and Conditions. Graphmatech reserves the right to update, amend and update these Terms and Conditions at any time, without prior notice.
- Order admittance
Graphmatech will only accept and admit receiving a customer order provided that the Purchaser accepts these terms and conditions, regardless if an invoice or other document stipulates otherwise. Furthermore, for Graphmatech to accept an order it is also required that the Customer submits complete and accurate information. When an order is accepted and processed, a delivery confirmation e-mail is sent out to the Customer. The purchasing agreement between Graphmatech and the Customer is not created and valid until this confirmation e-mail is sent. Graphmatech reserves the right to reject an order if a product is sold out, in the occurrence of an incorrect storage status, technical issues, changes in the specifications or clerical mistakes.
All prices listed on site are in Euro (€). Product prices are subject to change, and do not include shipping, customs and associated fees. Applicable taxes, customs and fees are the responsibility of the Customer.
Graphmatech offers credit card purchases on site through Stripe. For larger quantity orders, a customized invoice will be provided to the Customer specifying price, payment method and payment terms.
Prior to sending, Graphmatech reserves the right to require from Purchaser satisfactory security for performance of Purchaser’s obligations. If the Purchaser fails to furnish satisfactory security or information on which to base credit, and/or Purchaser’s account is in arrears, Graphmatech may defer further shipments, or may, at its option cancel the order or any unshipped balance.
- Deliveries and Claims
Unless otherwise explicitly stated, all deliveries are Ex Works from Graphmatech’s storage in Sweden. Shipping costs are not included in the product price, but are listed separately.
If not otherwise separately agreed by the parties, Graphmatech has the right to select a suitable shipment method, i.e., delivery can be made by air freight, train, ship or road transport.
All delivery obligations of Graphmatech are subject to the reservation while stocks last. Thus, Graphmatech is entitled to terminate the contract if the available stocks available should be exhausted. If stocks are only partially exhausted and the entire request of products as described in the purchase order of the customer cannot be satisfied, Graphmatech maintains the right to distribute the available stocks at its reasonable discretion to one or all customers. If Graphmatech can only satisfy part of the customer’s request for goods as described in the purchase order, the Customer is entitled to cancel the purchase order.
Agreements on delivery periods and dates shall be specified in the purchase order acknowledgement. All delivery periods and dates are non-binding unless expressly referred to as binding. In the event of any delay in delivery, Graphmatech will strive to resolve this with
the shipping company in a swift and prompt manner. Graphmatech is not to be held liable for any claims for damages of the Customer for late or delayed delivery.
Immediately upon receiving product, the Customer is expected to inspect the delivery and if any damages, defects or incorrect quantities are discovered, the Customer is to contact Graphmatech in writing with a specified claim. If no such claim has been raised within five days after receiving the item, it is considered to have been accepted by the Customer.
- Return policy
Returns are valid only when authorized in writing by Graphmatech. Customers may only return new, unopened products within 30 days (from when item was received), and is eligible for full refund less shipping and associated handling costs, provided that these conditions and a written consent is met. In the unlikely event that a product would be damaged upon arrival, Graphmatech would also refund shipping costs. Products have to be returned using a shipping company specified by the seller, for tracking purposes. With regard to returns, the Customer needs to comply with all instructions from Graphmatech. This applies, in particular, to statutory provisions, as applicable, with regard to the delivery and packaging of hazardous goods. To initiate a return, kindly contact us with the order number received upon purchase. The Customer is to receive refunds within four weeks from when the returned goods arrive at Graphmatech.
- Customs, taxes and fees
The Customer accepts responsibility to pay any and all taxes, duties, imposts, excises, fees, charges, costs and expenses of any type or character whatsoever, accruing, incurred, imposed or assessed in connection with or relating, in any manner whatsoever, to the Customer’s purchase, importation, transportation, storage, use, distribution or resale, of Graphmatech products.
If the seller is forced to pay for any such taxes or fees, the Customer is to reimburse Graphmatech for said costs.
All products are sold as-is. Graphmatech ensures to provide relevant technical data sheets, and sold products should fit these descriptions. However, analytical reports and other descriptions of products in certificates of analysis, catalogs, data sheets or other provided product documentation are only approximate unless explicitly referred to as binding. They shall not constitute any agreement or warranty of any characteristics of the products unless a member of Graphmatech’s board has expressly qualified a description of a product as warranty of agreement of certain characteristics and so notified the Customer in writing. The Customer acknowledges that slight variations in the characteristics and properties of the products may occur between and within batches.
Graphmatech offers suggestions on the use of its various products. Nevertheless, there are no warranties given except such expressed written warranties offered in connection with the sale of a particular product. Determining the suitability or adaptability of any of Graphmatech’s products to the customer’s specific needs is solely the Customer’s prerogative and responsibility. If the seller deems that the Customer has used the product in an erroneous or inappropriate way, no warranty is valid. Graphmatech assumes neither liability nor responsibility for any damages that result from the use of its products.
- Applicable laws and regulations
These Terms and Conditions are meant to be followed in addition to existing and applicable national and international laws and regulations. Graphmatech ensures that our products are manufactured in accordance with applicable rules and regulations. Once the product is sent
from Graphmatech, the seller is no longer responsible for ensuring that the product follows these regulations. The Customer accepts to follow all applicable national and international laws and regulations regarding handling of the products, including but not limited to transport, storage, processing and sales.
- Use of products and indemnity
Determining the suitability or adaptability of any of Graphmatech’s products to the specific needs of the purchaser is solely the Purchaser’s prerogative and responsibility. Graphmatech merely offers suggestions on the use of its various products, which does not serve as guarantees that the products can be used in any particular process, regardless of settings.
Graphmatech does not examine the products for their safety and effectiveness when contained or used in food, pharmaceutical products, medical devices, cosmetics, or for commercial or other applications, unless otherwise declared in the documents provided by Graphmatech. The Customer acknowledges that it needs to properly test, use and distribute any products purchased from Graphmatech and/or any and all materials manufactured by using products purchased from Graphmatech.
The Customer further ensures to Graphmatech that any of the products purchased from this site shall only be used in accordance with applicable laws, rules and regulations, and not in violation of any intellectual property such as patents or other proprietary rights. The Customer agrees to indemnify and hold harmless the seller, its employees, agents, successors, officers and assigns for and against any and all suits, claims, demands, liabilities, losses, damages and/or expenses, including costs and fees of legal counsel and all other costs of defending any action that Graphmatech may incur as a result of any act or failure to act by the Customer, its officers, agents or employees, successors or assignees, or all other third parties, whether direct or indirect, in connection with the possession or use of any product sold by seller or by reason of the Customer’s breach of any of its agreements contained herein. The Purchaser’s indemnity shall extend to any claim brought against Graphmatech by a third party alleging that the use of one of the Purchaser’s product infringes the patent rights, trademarks, intellectual property rights or other proprietary rights of any third party.
- Proprietary rights
Graphmatech retains exclusive rights in and to any proprietary information, data and materials related to the products sold hereunder, as well as the rights to all discoveries, inventions, patents and other proprietary rights that Graphmatech may develop in the course of manufacturing the products. The Customer accepts that it will not in any way attempt to obtain any proprietary rights of Graphmatech.
- Patent disclaimer
Graphmatech makes no warranty or representation that the use or sale of the products on this site, whether alone or in combination with other products, will not infringe the claims of any patents, trademarks or other proprietary rights of any party and the Customer assumes all risks associated therewith.
- Force majeure
If Graphmatech is prevented by force majeure from performing its contractual obligations, particularly delivering items, Graphmatech will be released from its obligation to perform these obligations for the duration of the impediment and for a reasonable start-up period without being liable towards the Customer for damages. Similarly, if the performance of Graphmatech’s obligations is unreasonably impeded or becomes temporarily impossible because of unforeseeable circumstances for which Graphmatech is not responsible, the same applies. Such causes include, but are not limited to, actions of the elements, including floods and other natural disasters, fires, explosions, lockouts, strikes, wars, riots, civil commotion,
epidemic, embargoes, failure to obtain export licenses or import authorizations, transportation delays and acts of government, energy shortfalls, suppliers’ delivery problems or substantial interruptions of operations. In such an unlikely event that is covered by this force majeure clause, Graphmatech shall promptly notify the Customer of such interference.
Graphmatech shall be entitled to terminate the contract if this kind of interference persists for more than ninety (90) days and Graphmatech no longer has an interest in performance of the contract due to such interference. After expiration of such period, at the Customer’s request, Graphmatech shall declare whether it intends to exercise its rescission right or deliver the products within a reasonable period of time. Under no circumstances shall Graphmatech be liable to the Customer for any claims, damages, costs or expenses arising out of or related to Graphmatech’s inability to timely ship products or fulfill purchase orders due to a force majeure event.