Terms and conditions of Material Transfer
These Terms and Conditions ("Terms") govern the rights and obligations in the provision and use of biological material provided by Masaryk University, Faculty of Science, within the 4GLYCO platform.
- The Parties
- Provider
Masaryk University, Faculty of Science
National Centre for Biomolecular Research
Kotlářská 267/2, 611 37 Brno, Czech Republic ID: 00216224
E-mail: contact@4glyco.cz
("Provider") - Recipient:
A legal person who orders material through the web eshop at www.4glyco.cz ("Eshop") and who agrees to these Terms by confirming their order to the Provider.
("Recipient")
(Provider and Recipient collectively or separately "Parties" or "Party")
- Provider
- Subject matter of these Terms
- The subject matter of these Terms is the supply of biological material ordered by the Recipient via the Eshop, the description of which is set out in the order form provided by the Provider to the Recipient following the binding order for the material on the Eshop ("Order") and on the delivery note ("Material"). The Order also includes a Product Specification Sheet which further defines the Material. The Product Specification Sheet has been compiled on the basis of available scientific knowledge and to the best of the Provider's knowledge and belief. The Provider shall not be liable for any deviations in the specification or for errors in the data.
- Binding order of the Material in the Eshop shall take place after confirmation of the Provider's quote by the Recipient. The Provider undertakes to prepare a quote on the basis of the Recipient's enquiry via the Eshop.
- Confirmation of the Order in the Eshop shall create a binding contract between the Parties, the subject of which is the delivery of the Material by the Provider and the payment of the price for the delivery of the Material by the Recipient, in accordance with the Order and these Terms.
- Use of the Material
- The Recipient obtains a non-exclusive license to non-commercial use of the Material for its own educational and scientific purposes, without further restrictions from the Provider, unless expressly provided for in these Terms or the Order.
- This does not constitute a transfer of intellectual property rights or a grant of a license to such rights.
- The Recipient shall not be entitled to distribute, transfer or make available for consideration the Material to third parties without the prior written consent of the Provider. In case of transfer to third parties, Recipient shall oblige the third party to comply with obligations at least at the level of these Terms and the Order.
- The Recipient is fully responsible for ensuring that the use of the Material in its jurisdiction complies with applicable law.
- The material is intended solely for research and teaching purposes and for use in a laboratory environment. It is not intended for use in humans or animals, in particular not for nutritional, therapeutic or human or animal experimentation. The material is not for resale. Any other use is subject to the prior written consent of the Provider.
- The Material may only be handled by qualified personnel who have been properly trained in laboratory procedures and workplace safety and are familiar with the potential hazards. The absence of an explicit warning shall not be construed as a guarantee of safety. Responsibility for the safe handling of the Material rests solely with the Recipient.
- Price and payment
- The price of the Material and the cost of transportation are set out in the Order. Payment details are also included in the Order.
- The price does not include VAT unless otherwise stated.
- The price of the Material does not include any taxes, duties or charges associated with transport, including any international transport costs, which shall be borne by the Recipient.
- The invoice is payable within 30 days of the date of issue. The date of payment shall be deemed to be the date on which the amount is credited to the Provider's account. In the event of delay in payment, the Provider shall be entitled to charge default interest at the rate of 0.05% of the amount due for each day of delay.
- The Provider shall be entitled to consider its obligation to deliver fulfilled even if the quantity of Material actually delivered deviates by ±10% from the quantity specified in the Order. The Recipient shall be obliged to pay for the quantity actually delivered.
- Transport and transfer of risk
- Transportation shall be provided by the Provider, the cost of which shall be borne by the Recipient. The cost of transport depends on the destination and other necessary conditions of transport, such as the need to ensure the refrigeration of the Material.
- The risk of damage or loss of the Material shall pass to the Recipient upon delivery of the shipment to the Recipient. The Provider shall be responsible for the proper packaging and marking of the shipment.
- The Provider shall not be liable for damages resulting from incorrect data provided by Recipient or circumstances excluding liability, in particular force majeure. Force majeure means unforeseeable and unavoidable events preventing the performance of the contract, such as strike, war, riots, commercial monetary, political or other measures of the authorities, as well as natural events such as fire, flood, earthquake, etc. The Provider undertakes to notify the force majeure without undue delay.
- In the event of delay in delivery of the Material or other defect, especially loss or damage to the shipment, the Parties agree that the Provider shall without undue delay claim all claims related thereto from the chosen carrier. However, the Recipient shall provide all necessary cooperation to assert such claims.
- The Recipient shall be entitled to require insurance as part of the transport at its own expense. In such case, the Parties shall agree on suitable insurance separately by electronic communication.
- Liability and warranties
- The Material is provided "as is" without any warranty (express or implied) as to the fitness of the Material for a particular purpose. The Recipient also acknowledges the experimental nature of the Material, which may exhibit natural biological variability. The Provider makes no warranties as to the results arising from its use.
- The Provider shall not be liable for any damages resulting from the use, storage or handling of the Material.
- The Provider shall not be liable for any infringement of the rights of third parties in the use of the Material. Recipient acknowledges that it is solely responsible for the legal sufficiency of the use of the Material in its jurisdiction.
- Final provisions
- By ordering Material, Recipient acknowledges that it has read and agrees to these Terms.
- The Provider processes the Recipient's personal data, in particular data necessary for the performance of the Contract, in the course of its business. Information on the processing and protection of personal data is available on the Official notice board of Masaryk University: https://www.muni.cz/en/about-us/official-notice-board/personal-data-protection.
- This MTA is governed by the law of the Czech Republic. Any disputes shall be settled by the competent court according to the Provider's registered office.
- These Terms may be changed only by publishing a new version on the Provider's website. The version of the Terms valid on the date of conclusion of the contractual relationship shall apply to the contract between the Provider and the Recipient, except where a newer version of the Terms in the Eshop provides the Recipient with a more favourable position.
- Part of the documentation
- These Terms form an attachment to each Order.
These Terms are valid and effective as of 18.7.2025