Specialists in the Isolation and Purification of Horseradish Peroxidase and a Select Range of Enzymes

Ordering Procedure and Conditions of Sale

Ordering Procedure

When ordering, please provide the following information:

• The name of the product required.
• Faizyme’s Product Code.
• Your Purchase Order Number.
• The amount of product ordered.
• The shipping and invoicing address(es).
• Details of any specific documentation you may require.
• For airfreight shipments, the name, address, telephone and fax numbers of your customs clearing agent at the destination airport.

1. Applicability. All goods purchased from Faizyme Laboratories (Pty) Ltd ("FAIZYME") are sold on the terms and conditions detailed below. At the request of the customer, Faizyme may from time to time issue or grant to the customer specific guarantees or undertakings or enter into specific arrangements with the customer for or in respect of delivery dates, specifications relating to the products, prices, payment terms, delivery conditions or in respect of other matters. Such specific guarantees, undertakings or arrangements shall however be applicable only if contained in writing and signed by a Faizyme official and then only to the order or quotation or products specifically mentioned in such guarantees, undertakings or arrangements and shall prevail to the extent that they are stated to be at variance with these conditions of sale.

2. Offers. Offers by Faizyme shall only be valid if made or confirmed in writing in the form of a telefax, letter, quotation or supply contract and all such offers shall be subject to these conditions of sale unless otherwise stated. Unless specifically stated to the contrary, all offers shall remain valid for a period of three months from the date on which the offer is made.

3. Orders and Minimum Order Value. Orders shall not be binding on Faizyme unless they are acknowledged and accepted by Faizyme in writing. All orders received and accepted by Faizyme shall be binding upon the Purchaser and may not be cancelled unless Faizyme agrees thereto in writing.

The Minimum Order Value is USD100.00 or the equivalent of this amount in other foreign currencies. Any orders received which are of a lower value shall automatically be invoiced at the minimum order value.

4. Evaluation Samples. The minimum order value will apply to all evaluation samples supplied unless otherwise agreed in writing. The charged amount, excluding any shipping costs, will be refundable on the next order of the same product of invoiced value of USD1000.00 or more or the equivalent of this amount in other foreign currencies.

5. Shipment and Shipment Charges. Unless otherwise stated, all shipments from Faizyme to the customer will be made CIF (named destination airport) by airfreight at ambient temperature, unless otherwise specified by the purchaser or by Faizyme in writing. Shipment by door-to-door courier service may be used at the discretion of Faizyme if the invoiced value does not exceed USD1000 or equivalent in other foreign currencies.

If the invoiced value of a shipment is less than USD1000, or the equivalent of this amount in other foreign currencies, then a shipping charge of up to USD100.00 will be added to invoice.

In cases where customers request shipments to be made in ice-packs or dry ice, an additional negotiated handling and shipping charge will be added to the invoice.

6. Insurance and Risk of Loss or Damage. The liability of risk of loss or damage to goods in transit shall be determined in accordance with the meaning specified by the "Incoterms" applied.

7. Specifications, Quality and Limited Warranty. Faizyme manufactures and controls its products against defined parameters using defined analytical procedures. Faizyme warrants to the original purchaser only, that the product supplied conforms to the specifications given in writing and that the product has the quality characteristics defined in the Certificate of Analysis that accompanies the product at the time of shipment. Faizyme makes no other warranty, expressed or implied, with respect to the products’ fitness for any particular purpose or application. Faizyme shall not be liable for any damages resulting from the handling or use of the product or any consequential, special, indirect or incidental loss or damage resulting from the handling or use thereof. Faizyme shall not be responsible for any patent infringement or other violations which may result from the use of the product supplied.

All products supplied by Faizyme are intended for research, laboratory and manufacturing use only and, unless otherwise stated, are not intended for drug applications for human beings or animals.

8. Terms of Payment. Payment terms are strictly 30 days net after date of invoice unless otherwise agreed by Faizyme in writing. All payments shall be made by direct bank transfer to Faizyme’s bank account, the details of which are stated on Faizyme’s invoice.

If payment is not received by due date, Faizyme shall be entitled to charge the purchaser interest on the amount due at the prime bank overdraft rate charged by Nedbank, South Africa at that time. When interest charges on overdue payments are applied, such charges shall be calculated from the due date of payment until the date on which funds are credited to Faizyme’s bank account.

9. Value Added Tax (VAT). All prices quoted for the supply of product on the South African market do not include VAT. Tax at the ruling rate will be shown as an additional entry on the invoice.

10. Return of Product. No complaints or returns will be considered after a period of thirty days has elapsed from the original shipment date. No product is returnable without the prior authorisation from Faizyme. The customer will be responsible for the insurance and shipping costs associated with the authorised return of product. A restocking fee of 25% of the invoiced value of the product, will be charged to customers authorised by Faizyme to return product which has been ordered erroneously.

11. Delivery. While every effort will be made by Faizyme to deliver the product ordered by the customer by the date requested or by the date indicated by Faizyme, Faizyme shall not be held responsible for late or non-delivery due to reasons beyond its control or for any losses that may result to the customer due to late delivery.

12. Ownership. Notwithstanding delivery of goods, the ownership of the goods supplied remains vested in Faizyme until the total purchase price has been paid.

13. Prohibition of Set Off. The purchaser shall under no circumstances deduct any amount from the amounts due to Faizyme as indicated on the Company’s invoice or statement, without the prior written authorisation of Faizyme.

14. Force Majeure. The customer shall not be entitled to cancel any order or contract and Faizyme shall not be liable for damages caused by any delay or failure to supply or carry out any contract arising out of any cause, in whole or in part, which is beyond Faizyme’s control and which arises out of any delay or failure due to civil or political unrest or action, strikes, war, embargoes, sanctions, breakdown of machinery, transport or shipping delays, fire, flood, rain or storm or similar occurrences beyond Faizyme’s control.

15. Variation and Waiver. No amendment or variation of these Conditions of Sale shall have any force or effect unless recorded in writing and signed on behalf of the Company by an authorised signatory. No relaxation or indulgence of these Conditions by Faizyme in favour of the purchaser shall be construed as a waiver of Faizyme’s rights.

16. South African Law. South African Law shall apply to all orders, quotations or arrangements with Faizyme and all claims or disputes arising out of or in connection therewith.