Terms and Conditions of Sale

Quotations are valid for the period stated on them or, if none is stated, for 30 days. A contract is formed when we confirm an order in writing or deliver the products. We may correct clerical errors in quotations, confirmations and invoices.

Products are supplied in accordance with the specification stated in our order confirmation and the Certificate of Analysis for the batch delivered. Technical information, application notes and typical values on our website or in our literature are given for guidance only and are not guaranteed properties unless expressly agreed in writing.

Our products are intended for laboratory, research and industrial chromatography use. They are not intended for use in or on humans or animals or as medicinal products. The Customer is responsible for checking the suitability of the products for its intended use.

Prices are as stated in our quotation or order confirmation, exclusive of VAT and any other taxes or duties, and – unless agreed otherwise – ex works (EXW, Incoterms® 2020) Carnforth, UK, excluding packaging for export, freight and insurance.

Invoices are payable within the period stated on the invoice. If payment is late, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 and suspend further deliveries.

Delivery dates are estimates unless expressly agreed as binding. Risk passes to the Customer in accordance with the agreed Incoterm, or otherwise when the products are made available for collection at our premises. Partial deliveries are permitted.

Title to the products remains with Exmere until we have received payment in full for them. Until then the Customer shall store the products separately and identify them as our property.

The Customer shall inspect the products on receipt. Visible defects, shortages or transport damage must be notified in writing within 14 days of delivery; hidden defects within 14 days of discovery. Claims must quote the batch number.

We warrant that the products conform to the agreed specification at the time of delivery. If they do not, we will, at our option, replace the products or refund the price paid for the non-conforming products. This is the Customer's sole remedy for non-conforming products. All other warranties and conditions, express or implied, are excluded to the extent permitted by law.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or for any other liability that cannot be limited by law.

Subject to this, we are not liable for loss of profit, loss of production, loss of samples or data, or any indirect or consequential loss, and our total liability arising from any order is limited to the price paid for the products concerned.

We are not liable for delays or failure to perform caused by events beyond our reasonable control, including shortages of raw materials, transport disruption, industrial action, epidemics or acts of government.

Each party shall keep confidential any technical or commercial information received from the other. Specifications and know-how developed by Exmere for custom silicas or custom bonding remain our property unless otherwise agreed in writing.

The Customer shall comply with all applicable export control and sanctions laws when reselling or exporting the products.

These terms and any contract under them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.