Legal terms

Previous version: 1 July 2017 New version effective: 1 July 2026

The following is a plain-language summary of the material changes made to our Terms & Conditions of Sale. The full updated Terms & Conditions are available here. The previous version remains available for reference here.

If you have any questions regarding these updates, please contact your Biotage representative, Customer Service or Biotage legal.

1. How We May Update These Terms & Conditions — New Section 16

A new section has been added setting out the procedure by which Biotage may amend its Terms & Conditions. Amendments will be published on www.biotage.com with a specified effective date no earlier than ninety (90) days from publication. Biotage will use reasonable efforts to notify registered customers of material amendments by email, but publication on the website constitutes sufficient notice. The amended Terms & Conditions will apply to all orders placed on or after the effective date. If you do not accept the amendments, you may terminate any ongoing contractual relationship by written notice to Biotage before the effective date. Failure to provide such notice will constitute acceptance of the amended Terms & Conditions. Amendments will not affect rights and obligations relating to Products delivered prior to the effective date.

2. Export Compliance — New Obligations in Section 7

The previous version of Section 7 addressed use restrictions only. The updated section introduces explicit export control obligations for Buyers:

• The Buyer may not sell or export, directly or indirectly, any Products that fall within the scope of Article 12g of Council Regulation (EU) No 833/2014 or Article 8g of Council Regulation (EU) No 765/2006 to the Russian Federation or the Republic of Belarus, or for use in those countries.
• The Buyer must comply with all applicable export control laws and regulations, including EU export control regulations, U.S. Export Administration Regulations, and any applicable trade sanctions and embargoes, and must not export, re-export or transfer Products to any sanctioned country, entity or individual without obtaining all necessary governmental authorisations.
• The Buyer must promptly notify Biotage if it becomes aware of any actual or potential violation of the export restrictions, or if it receives any inquiry from any governmental authority regarding the Products.
• A breach of either the use restrictions or the export restrictions will void any applicable product warranty.
• A new aggregate liability cap: Biotage's total aggregate liability arising out of or related to any contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price paid by the Buyer for the specific Products giving rise to the claim.
• The carve-out from the liability limitations has also been expanded. In addition to death or personal injury caused by Biotage's negligence (which was already excluded under the 2017 terms), the updated Terms & Conditions also exclude fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited under applicable law.
• Either party may now terminate the contract by written notice if the other party commits a material breach and fails to remedy it within thirty (30) days of receiving written notice specifying the breach and requiring its remedy, or if the breach is not capable of remedy.
• The insolvency provision has been retained: if the Buyer becomes bankrupt or goes into liquidation, Biotage may terminate the contract immediately without notice.
• Upon termination for any reason, all amounts owed by the Buyer become immediately due and payable, Biotage may cancel any unfulfilled orders and refuse further deliveries, and each party must return or destroy the other party's confidential information.
• Key provisions survive termination, including payment obligations (for amounts accrued prior to termination), indemnities, limitation of liability, intellectual property rights, and confidentiality.
• A definition of "Confidential Information" has been introduced, covering all information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including technical data, trade secrets, know-how, research, product plans, and other business information. Standard exceptions apply, including information that is publicly available, was already known to the recipient, or is independently developed.
• The receiving party must protect the confidentiality of the disclosing party's Confidential Information with at least the same degree of care it uses for its own confidential information, and may not disclose it to third parties except to employees, agents, and professional advisers who have a legitimate need to know and are bound by equivalent confidentiality obligations.
• If a party is compelled by law or court order to disclose Confidential Information, it must provide the other party with prompt written notice so that the other party may seek a protective order or other remedy, and must cooperate in that process.
• Confidentiality obligations survive termination of the contract and continue for five (5) years from the date of disclosure of the relevant Confidential Information.
• Upon termination or upon request, the receiving party must promptly return or destroy all Confidential Information and provide written certification that it has done so.

3. Limit of Liability — New Aggregate Cap in Section 9

The 2017 Terms & Conditions did not contain an overall cap on Biotage's total liability. The updated Terms & Conditions introduce two changes:

4. Termination — Substantially Expanded Section 13

The previous Section 13 was entitled "Insolvency" and addressed only the scenario of the Buyer becoming bankrupt or going into liquidation. The updated Section 13 is entitled "Termination" and has been substantially expanded:

5. Confidentiality — New Section 18

The 2017 Terms & Conditions contained no confidentiality provisions. A comprehensive new Section 18 has been added:

All other provisions remain unchanged. If you have any questions regarding these updates, please contact Biotage representative, Customer Service or Biotage legal.

We use personal data in order to:

• Provide the products and services you ordered and administer our agreement with you
• Communicate with you when you require us to
• Distribute prizes if you win a competition or prize draw
• Send advertisements via post, email and sms/mms
• Process payments
• Prevent or detect payment fraud
• Understand how our Channels are used
• Improve the content in our Channels
• Process job applications
• Develop the products and services which are requested by the market.

Contact information
For questions or comments about this agreement, please send an email to info@biotage.com

We include a lot of information about Biotage on this website, including material about Biotage and its various products that may be of interest to Biotage's employees, customers and shareholders, as well as to members of the Scientific community and the general public.

When you send us ideas or concepts through the Internet (and by e-mail), you are giving us your consent to use the ideas or concepts without paying you or obtaining your approval.

This website and its contents are intended to comply with the laws and regulations of the European Union (EU). You may access this website from outside of the EU but our server is located in the EU, and this website is intended to be used by EU residents.

Biotage will use reasonable efforts to include accurate, complete and up-to-date information on this website, but Biotage makes no warranties or representations with regard to the website, including, but not limited to, the accuracy, completeness or frequency that it is updated, or adequacy of, or the suitability, functionality, availability, or operation of this website or the information or materials it contains.

By using this website, you assume the risk that the information and materials on this website may be incomplete, inaccurate, out of date, or may not meet your specific needs or requirements.

Biotage specifically disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability and fitness for a particular purpose.

All information and related materials on this website are subject to change without notice.

All users agree that access to this website and use of such information is at their own risk, and that neither Biotage nor any party involved in creating or delivering this website shall be liable for any damages of any kind, including, without limitation, any special, exemplary, direct or indirect, incidental, or consequential or punitive damages (even if Biotage has been advised of the possibility of such damage) arising out of access to, or use of the information contained on this website, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this website. This limitation includes damages to, or for any viruses that may infect, your computer equipment.

Nothing in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right to use in any form or manner any intellectual property, including, but not limited to, any patent, copyright or trademark of Biotage. Please be advised that Biotage protects its intellectual property rights to the fullest extent of the law.

Except as otherwise indicated elsewhere on this website, you may view, download and print the documents and information available on this website subject to the following conditions: 

• The documents and information may be used solely for personal, informational, internal, non-commercial purposes.
• The documents and information may not be modified or altered in any way.
• The documents and information on this website may not be distributed.
• You may not remove any copyright or other proprietary notices contained in the documents and information.

If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then that provision shall be eliminated or limited to the minimum extent necessary and such elimination or limitation shall not affect the validity and enforceability of any remaining provisions.

Biotage reserves the right to alter or delete materials from this website at any time.

If you do not comply with these Terms of Use, We reserve the right to suspend or terminate use of this Website. We reserve the right to take any appropriate legal action. You agree to hold Biotage harmless against liability for any violation of this Agreement or harm caused by your use thereof.

Notice: The information provided on this web page is believed to be reasonably complete and accurate. However, not every claim of every patent necessarily covers every feature of every product. Furthermore, the product may be covered by additional US and foreign patents and/or future patent(s). Therefore, this information is subject to revision and may have been revised in the past. This information is not intended to constitute legal advice or opinion about the patents, products, or infringement. Please contact a qualified attorney with any questions.

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Other product and company names mentioned herein may be trademarks or registered trademarks and/or service marks of their respective owners, and are used only for explanation and to the owners' benefit, without intent to infringe.

• Celite is a trademark owned by Johns-Manville Corporation.
• Intel and Pentium are registered trademarks of Intel Corporation or its subsidiaries in the United States and/or other countries.
• Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and/or other countries.
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• Sepharose is a trademark of GE Healthcare Bio-Sciences Ltd.
• Multiscreen is a trademark of Millipore Corporation or an affiliated company.
• Milli-Q is a trademark owned by Millipore Corp.