This Terms & Conditions of Sale is part of our General Terms and Conditions (“General Terms”) and should be therefore read alongside our General Terms: https://beegraphene.com/terms-conditions/.
Please carefully review our Terms & Conditions of Sale when purchasing our products. By registering with, accessing, or otherwise using this website, requesting quotations, price estimates, or submitting purchase orders, you agree to be bound by the Terms and Conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and Conditions.
- Definitions and Agreement
These Standard Terms and Conditions of Sale (“Terms”) shall apply to each offer and each sale of products and services (“Products”) by BeeGraphene to the Buyer (“Customer”). Upon Customer’s acceptance of the quotation submitted by BeeGraphene, and/or issuance of a purchase order (“Order”) to BeeGraphene for the Products and BeeGraphene’s acceptance thereof, an agreement is formed between BeeGraphene and Customer. These terms and conditions constitute the entire Agreement between BeeGraphene and Customer (“Agreement”) and supersede all previous communications, representations or agreements, either verbal or written, including any conflicting terms appearing in the Customer’s order form, with respect to the subject matter thereof, unless BeeGraphene expressly agreed to the changes to the Agreement in writing before placing the Order. All Customer’s terms conflicting with BeeGraphene’s Terms are, as a result, expressly rejected unless BeeGraphene explicitly agreed to them in writing before placing the Order.
- Terms and Conditions Changes
BeeGraphene reserves the right to update or modify these Terms at any time without prior notice.
All prices for the Products are in Euro (EUR). Unless otherwise agreed by BeeGraphene in writing before placing the Order, for example, in the quotation, prices for the products do not include any taxes, duties and similar levies, assessments and charges, shipping and handling, which must be paid by the Customer in addition to the price of the Products. If BeeGraphene is required to collect and/or pay any taxes or other duties related to the Order, regardless of their origin, Customer shall reimburse BeeGraphene for the full amount.
Unless otherwise agreed by BeeGraphene in writing before placing the Order, the Customer shall pay for the Products in advance, or upon BeeGraphene’s approval, 14 days after issuing the invoice for the Products delivered to the Customer. BeeGraphene can charge a late fee from the Buyer equal to two per cent (2%) of any past-due amount for each month in which that amount remains unpaid, except to the extent such charge and collection is prohibited by applicable law.
- Shipping and delivery
Unless otherwise agreed by BeeGraphene in writing before placing the Order, delivery will be based on the standard Incoterms 2020. Lead and delivery times provided by BeeGraphene are approximate and may be missed due to reasons beyond BeeGraphene’s control. When the delay is requested by the Customer or caused by the Customer, BeeGraphene might charge and collect relevant storage fees; in such case, the storage of the Products remains at the Customer’s risk and expense. BeeGraphene will use commercially reasonable efforts to deliver the products in the indicated approximate lead and delivery times. However, failure to do so does not constitute a cause for cancellation and/or damages of any character.
- Warranties and liability
All Products are sold “as is” and “as available”. Buyer acknowledges that there may be variations in the characteristics of Products. BeeGraphene warrants that the Products will conform to the specifications published on this website or sent to the Customer. The Customer’s right to enforce this warranty is conditioned upon the Buyer notifying the Supplier in writing of any non-conformity no later than the 14th day after the Customer receives the Products. BeeGraphene has the sole right to decide whether to repair, replace, re-perform or refund. This limited warranty is exclusive and is in lieu of all other warranties of any kind (express, implied or statutory), all of which are hereby disclaimed. In particular, we do warrant that the Products will meet the Customer’s requirements or that the quality of the Products obtained by the Customer will meet the Customer’s expectations.
BeeGraphene is not liable for any lost profits, special, incidental, indirect or consequential damages (or other damages of these types), whether or not arising out of or in connection with the Agreement or any breach thereof and whether or not foreseeable at the time of entering into this Agreement. BeeGraphene’s maximum aggregate liability to the Customer for all damages or any other claims arising out of or related to the website or any Products marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) is limited to the total price that the Customer paid to BeeGraphene to purchase the Products or use the website. Such limit will apply in the aggregate to all of the Customer’s claims, actions and causes of action of every kind and nature.
Any returns must be agreed upon by BeeGraphene in writing before shipment. The Customer may return any new, unopened Products within 14 days of receiving Products for a full refund, less shipping and . The Customer is responsible for shipping costs on all returned Products. The Customer should expect to receive their refund within and up to four weeks from the date on which the returned Products are received at BeeGraphene.
- Export restrictions / Legal Compliance
Access to the website from territories or countries where the Content or purchase of Products sold on the website is illegal is prohibited. Customers may not use this website in violation of export laws and regulations of Poland.
- Use of products
Customer shall not resell or distribute the Products or sell or distribute any goods that incorporate Products or any derivative thereof without written permission of BeeGraphene.
Customer shall not make available to third parties any information disclosed to it by BeeGraphene and declared to be confidential.
- Proprietary Rights
BeeGraphene 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 BeeGraphene may develop in the course of manufacturing the Products. Customer shall not “reverse engineer” any Products sold by BeeGraphene or otherwise attempt to obtain any proprietary rights of .
BeeGraphene makes no warranty or representation that the use or sale of the Products, whether alone or in combination with other products, will not infringe the claims of any letters, patents, trademarks, registered designs, or other proprietary rights of any party and Customer assumes all risks associated .
Customer may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without BeeGraphene’s prior written consent. Any purported assignment in violation of this Section will be null and void.
- Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and Conditions if, and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
Customer agrees to indemnify, defend and hold BeeGraphene harmless from and against any and all claims, liabilities, damages, losses and expenses relating to your violation of these Terms and conditions and applicable laws, including intellectual property rights and privacy rights. The Customer will promptly reimburse BeeGraphene for BeeGraphene’s damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
- Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Poland. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Poland. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
- Product definitions and tolerances
Whenever the following terms are used in any communication by BeeGraphene with the Customer, including communication using BeeGraphene’s website and the information provided on the website, e-mail, phone, post, any video communicator, they shall be understood as follows:
- n-layer graphene: graphene sample covered mostly with n layers of graphene, determined using Raman spectroscopy, or angle-resolved photoelectron spectroscopy (ARPES), based on the measurement of the full-width at half-maximum of the 2D peak of graphene in Raman spectra, or the determination of the number of maxima in the momentum distribution curve of the ARPES spectra, using the method described in the following reference article: Dong Su Lee, Christian Riedl, Benjamin Krauss, Klaus von Klitzing, Ulrich Starke, and Jurgen H. Smet, Raman Spectra of Epitaxial Graphene on SiC and of Epitaxial Graphene Transferred to SiO2, Nano Lett. 2008, 8, 12, 4320–4325, https://doi.org/10.1021/nl802156w
- n+-layer graphene: graphene sample covered mostly with n or more layers of graphene, determined using Raman spectroscopy, or angle-resolved photoelectron spectroscopy (ARPES), based on the measurement of the full-width at half-maximum of the 2D peak of graphene in Raman spectra, or the determination of the number of maxima in the momentum distribution curve of the ARPES spectra, using the method described in the following reference article: Dong Su Lee, Christian Riedl, Benjamin Krauss, Klaus von Klitzing, Ulrich Starke, and Jurgen H. Smet, Raman Spectra of Epitaxial Graphene on SiC and of Epitaxial Graphene Transferred to SiO2, Nano Lett. 2008, 8, 12, 4320–4325, https://doi.org/10.1021/nl802156w
The following tolerance applies to all sizes provided in any communication by BeeGraphene with the Customer, including communication using BeeGraphene’s website and the information provided on the website, e-mail, phone, post, any video communicator: ±10%