Terms of service

Terms of Service

This terms of service consists of two parts: Shopify Terms of Service and CataNiTek Ltd – Terms and conditions of sale.

Shopify Terms of Service

OVERVIEW
Welcome to My Store! The terms "we", "us" and "our" refer to My Store. My Store operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). My Store is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy https://catanitek.myshopify.com/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. My Store reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until My Store confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as My Store may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy https://catanitek.myshopify.com/policies/refund-policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by My Store, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of My Store, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by My Store.
My Store's names, logos, product and service names, designs, and slogans are trademarks of My Store or its affiliates or licensors. You must not use such trademarks without the prior written permission of My Store. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
My Store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with My Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and My Store, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with My Store.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here https://catanitek.myshopify.com/policies/privacy-policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm My Store, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY My Store, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL My Store, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where My Store is headquartered. You and My Store consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@catanitek.com.
Our contact information is posted below:
CataNiTek Ltd
hello@catanitek.com
TG103C 295 Cathedral Street G1 1XL Glasgow Scotland
SC823873

GB 493202989

 

CataNiTek Ltd - Terms and conditions of sale

Effective date: 31st July 2026

CataNiTek Limited (hereinafter referred to as “CataNiTek”), a company registered in Scotland (Registration number: SC823873) and having its registered office and place of business (premises) at TG103C 295 Cathedral Street G1 1XL Glasgow, Scotland (VAT Registration number: GB 493202989).

1. General

These Terms and Conditions shall apply to all business transactions between CataNiTek and the Customer (hereinafter collectively referred to as “the Parties”) regardless of whether they are referenced in any future contracts between the Parties and covers all Products and Services offered and sold by CataNiTek worldwide. Any additional or differing terms and conditions of the Customer shall not apply unless expressly agreed to in writing by CataNiTek. These Terms and Conditions apply even in the event that CataNiTek makes a delivery to the Customer without reservations while being aware of the Customer’s conflicting or deviating terms and conditions.

Any amendments and additions to these Terms and Conditions, including to this provision, shall be made in writing.

All rights accorded to CataNiTek according to statutory provisions beyond the scope of these Terms and Conditions shall remain unaffected.

CataNiTek is contracting on the basis that the products are supplied for use in the course of business and are not for private use or consumption in any manner.

All products derived from any Services conducted by CataNiTek are for RESEARCH USE ONLY AND NOT FOR CLINICAL OR HUMAN USE.

2. Changes and Modification

CataNiTek reserves the right, from time to time, to add, modify or discontinue any product offering. Where possible, CataNiTek will provide an estimate of its available stock via its website.

3. Contractual Relationship

The Customer shall purchase products from CataNiTek in its own registered Company name and for its own account and use. If the Customer resells the products, the Customer shall sell the products in its own name and from its own account. CataNiTek assumes no liability with respect to any third party transactions.

4. Basic Customer Responsibilities

The Customer agrees to:

(a) provide the correct information on all purchase orders, including complete product identification numbers (CAS and CataNiTek reference(s)), options, quantities and any special instructions such as shipping deviations with respect to split orders. The Customer assumes sole and absolute liability for any failure to provide complete and accurate information when ordering products;

(b) indemnify and hold harmless CataNiTek and its legal successors and assigns from and against all law suits, legal proceedings, losses, claims, liabilities, costs and expenses (including attorney fees) that CataNiTek may sustain or incur as a direct result of any claim against CataNiTek based upon breach of contract, breach of warranty, strict liability in tort or any other theory of law brought by the Customer’s officers, agents, employees, legal successors and assigns, by the Customer’s customers, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other third parties, if and to the extent directly arising out of the Customer’s breach of its obligations under these Terms and Conditions;

(c) pay any and all taxes, duties, imports, excises, fees, charges, costs and expenses of any type whatsoever, accruing, incurred, imposed or assessed in connection with or relating, in any manner whatsoever, to the Customer’s purchase, importation, transportation, storage, use, distribution or resale, of CataNiTek products.

5. Offer and Acceptance of Orders

All offers are subject to the written acknowledgement by CataNiTek and are non-binding at this stage. No contract is created unless and until acknowledged by CataNiTek, either by written acknowledgment in the form of letter or e-mail bearing the Company’s logo and from an authorised employee.

Analytical data and other descriptions of products contained within certificates of analysis, catalogues, technical data sheets, the CataNiTek internet site or other provided product documentation are only approximate unless explicitly referred to as binding. They shall not constitute any agreement or warranty of any characteristics of the products unless an authorised representative of CataNiTek has expressly qualified a description of a product as warranty of agreement of certain characteristics and so notified the Customer in writing.

CataNiTek reserves all rights of ownership in all intellectual property rights in all offering its products and chemistry services. Such products and services provided by CataNiTek shall not be disclosed to any third parties unless otherwise agreed to in writing between CataNiTek and the Customer.

The Customer is bound to its purchase order as soon as the order is confirmed or acknowledged by CataNiTek. Any silence by CataNiTek with regard to offers, purchase orders, requests or other declarations of the Customer shall not imply consent or agreement unless expressly agreed otherwise in writing. The purchase order will be confirmed by CataNiTek by written acknowledgement. Where the acknowledgement of purchase order contains obvious mistakes or clerical or calculation errors, it shall not be binding on CataNiTek.

If the contract is unilaterally annulled by the Customer or a purchase order or partial purchase order unilaterally cancelled by the Customer, the Customer shall reimburse CataNiTek all costs resulting from such annulment or cancellation of contract or purchase order, particularly cancellation and rescission costs charged to CataNiTek by its suppliers, costs for the purchase of goods which may not be returned and all other costs and expenses which CataNiTek incurred in connection with the execution and the termination of the contract, inter alia, legal fees and costs of transport.

6. Scope of Delivery of Orders & Terms of Delivery

Changes to the scope of delivery shall not be effective unless confirmed in writing by CataNiTek. CataNiTek reserves the right to make alterations to the purity or specifications of the products to the extent such alterations are not significant.

Unless otherwise separately agreed by the parties, CataNiTek has the right, in its discretion, to determine the method of shipment, i.e., delivery can be made by air freight, train, ship or road transport.

All deliveries are made “DAP”. CataNiTek reserves the right to charge the Customer for carriage, handling and freight. Where Customer’s account is used deliveries are sent FCA.

Return of the products and a credit note shall only be possible after prior written consent of CataNiTek and the Customer must comply with all instructions of CataNiTek with regard to the return of goods. This applies, in particular, to statutory provisions, as applicable, with regard to the delivery and packaging of hazardous goods. In such cases CataNiTek will charge a restocking fee of 15%. A credit note will be issued for the difference.

All delivery obligations of CataNiTek are subject to the reservation “in stock.” CataNiTek is therefore entitled to terminate the contract when stocks available to CataNiTek are exhausted. If stocks are only partially exhausted and the entire request of goods as described in the purchase order of the Customer cannot be satisfied, CataNiTek is entitled to distribute the available stocks at its reasonable discretion to one or all customers. If CataNiTek can only satisfy part of the Customer’s request for goods as described in the purchase order, the Customer is entitled to cancel the purchase order or accept a partial shipment for which the pro-rate price will apply.

7. Delivery Time

The delivery date and/or delivery period shall be specified by CataNiTek in the purchase order acknowledgement. All delivery periods and dates are non-binding unless expressly referred to as such in writing.

The delivery period shall commence at the time of dispatch of the acknowledgement of purchase order by CataNiTek (or acceptance of the purchase order if no acknowledgement is provided). The delivery period shall not commence before the Customer has furnished all documents, permits, approvals, consents and releases to be provided by it, before all technical questions have been clarified and before any agreed down payment has been received. Compliance with the delivery period is subject to timely and proper compliance with all other obligations by the Customer.

The delivery period shall be deemed satisfied if the product(s) have left the CataNiTek facility or if CataNiTek has notified the dispatch of the product(s) to the Customer. In some circumstances, delivery is subject to timely and proper delivery to CataNiTek by its own suppliers; otherwise CataNiTek is entitled to terminate the contract.

In the event of any unreasonable delay in delivery, the Customer shall be entitled to terminate the contract after notifying CataNiTek of such delay and ten (10) business days in which CataNiTek can remedy the otherwise late delivery. Subject to the limitations set forth these Terms and Conditions, CataNiTek shall not be liable for any claims for damages of the Customer for late or delayed delivery or damaged goods.

8. Prices and Payment

Unless fixed prices have expressly been agreed by the Parties or unless otherwise agreed in writing between the Parties, the Customer shall purchase the products at CataNiTek list price in effect on date of purchase order acknowledgement (or date of purchase order if no acknowledgement is provided) as reflected on CataNiTek website https://catanitek.myshopify.com or http://catanitek.com. CataNiTek has the right to change the list prices of its products from time to time, without notice to the Customer.

Unless otherwise agreed in writing, the purchase price shall be paid within thirty (30) days from the date of invoice without any deduction. This also applies to invoices regarding partial deliveries. The date on which CataNiTek has received the purchase price and can freely dispose of the same will be deemed the date of payment. In case of delay in payment the Customer shall pay interest in default in the amount of ten percent (10%) above the applicable base rate of interest. The right to assert further damages remains unaffected.

CataNiTek is entitled to deliver against prepayment.

All prices are net prices, that is, excluding statutory value added tax or other taxes imposed locally or nationally in any country.

All consumer, sales or indirect taxes, customs, examination and acceptance fees and all other taxes, fees or charges of any kind whatsoever which are imposed by public authorities or allocated to the business transaction between CataNiTek and the Customer shall be paid by the Customer in addition to the prices indicated on the offer or the invoice. CataNiTek is not obliged to notify the Customer of potential taxes or fees that may arise.

9. Transfer of Risk

The risk shall transfer to the Customer as soon as the product(s) are available for unloading from the arriving transport in accordance with these Terms and Conditions. This shall also apply in case of partial deliveries or if CataNiTek has assumed additional services such as transport costs. CataNiTek shall insure the products at the Customer’s request and expense by means of a transport insurance against the risks to be specified by the Customer.

If the Customer defaults in accepting delivery of the products or if the Customer otherwise breaches any duty to cooperate, CataNiTek shall be entitled to demand compensation for the damages incurred including additional expenses. The risk of accidental loss or of accidental deterioration of quality of the goods shall pass to the Customer at the moment of default of acceptance by the Customer. After a reasonable period of time has expired without acceptance, CataNiTek shall be entitled to otherwise dispose of the products and to supply the Customer within a reasonably extended period.

Delivered products shall be accepted by the Customer regardless of any claims for defects if the defects are insignificant.

10. Storage, Handling and Use of the Product(s) by Customer

All products supplied or sold by CataNiTek are intended to be used only for the purposes of laboratory research and may not be used for any other purpose. In particular products of CataNiTek may not be used for diagnostics, in any food production or directly in pharmaceutical products, in medical devices or in cosmetic products. Even if not specified on the product label, all CataNiTek products are “not for human use”. The Customer is obliged to inform its customers of the same where CataNiTek products are transferred, used or otherwise disposed of.

CataNiTek does not test its products for their safety and effectiveness. It is the responsibility of the Customer to examine existing risks and dangers and to carry out any further research (if necessary) in order to become aware of the dangers that may arise from the use of products purchased from CataNiTek. The Customer shall warn its support staff (such as transport workers) against the risks and dangers that may be related to the storage, use or handling of the products.

The products of CataNiTek may be governed by the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulations and other regulatory provisions. The Customer is responsible for complying with all regulatory provisions in connection with the storage, handling and use of substances purchased from CataNiTek.

The Customer shall verify the indications of content made by CataNiTek if the products purchased from CataNiTek are to be repacked, re-labelled or used as starting materials or components for other products. The Customer assumes all liability for the use of any products, including medicines derived or made from the CataNiTek products.

If the Customer resells the products, it shall inform its customers about the duties and warn them against the risks and dangers set forth above.

11. Claims for Defect(s) & Remedy

The Customer will inform CataNiTek in writing of any defects no later than two (2) weeks after receipt of the products. Hidden defects shall be notified to CataNiTek in writing immediately after their discovery. The Customer shall describe the defects in writing and supply photographic if requested.

In the event of defects in the products, CataNiTek shall be entitled, in its sole discretion, to remedy by delivering a defect-free product. The expenses necessary for the subsequent performance shall be borne by CataNiTek in as far as these expenses are not increased as a result of the products being taken to a location other than the delivery address.

If CataNiTek is not willing or able to remedy the defect, the Customer shall be entitled to terminate the contract. The same shall apply if the subsequent performance fails, if the Customer cannot be reasonably expected to accept it or if it is delayed beyond reasonable deadlines for reasons for which CataNiTek can be held responsible. The right of the

Customer to terminate the contract shall be excluded if (i) the Customer is unable to return the defective products and this inability is not due to the fact that the return of the products is impossible due to the nature of the product or reasons for which CataNiTek is responsible or (ii) the defect only showed during the processing or conversion of the products.

In the event of defects in products that CataNiTek sources from third-party suppliers and which form an essential part of CataNiTek products, the Customer shall only be entitled to demand assignment of the claims that CataNiTek is entitled to assert against the third-party supplier. Only in the event of failure of an assigned claim by CataNiTek against a third-party supplier shall the Customer be entitled to assert claims for defect.

The obligations set forth in these Terms and Conditions shall only exist if:

Notwithstanding any provision in these Terms and Conditions to the contrary, the period of limitation for claims for defects by the Customer shall be twelve (12) months from the date of delivery. It shall also apply to claims in tort which are based on a defect of the products. The period of limitation begins with the delivery of the products. A statement by CataNiTek concerning a claim asserted by the Customer based on a defect is not to be deemed an entry into negotiations concerning the claim or the circumstances giving rise to the claim if the claim is fully denied by CataNiTek.

12. Liability

CataNiTek shall not in any event be liable for incidental, indirect, consequential or special damages of any kind resulting from any use or failure of the products, even if CataNiTek has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of work in progress, down time, loss of revenue, profits or goodwill, failure to realize savings, loss of products of customer or other use or any liability of customer to a third party on account of such loss, or for any labour or any other expense, damage or loss occasioned by such product including personal injury, death or property damage unless such personal injury or death is caused by negligence.

Save as expressly provided in these Terms and Conditions, CataNiTek makes no warranties or representations express or implied, whether by statute or otherwise including any warranties of merchantability satisfactory quality or fitness for a particular purpose with respect to any product. All such warranties are expressly disclaimed and excluded to the maximum extent permitted by applicable law. In the event of any resale by Customer, the liability of CataNiTek shall not be expanded, modified or otherwise altered by any warranty offered by the Customer for the products.

Any claim for damages brought against CataNiTek will not exceed the value of the products supplied which represents the limit of CataNiTek liability under this agreement.

13. Retention of Title

Until full payment of all outstanding claims of CataNiTek resulting from the business relationship with the Customer, CataNiTek shall retain title to the delivered products. The Customer is obliged to handle the products subject to retention of title with due care. In particular, the Customer is obliged to sufficiently insure the products at their replacement value against fire, water and theft at its sole cost.

14. Patents and Copyrights

The Customer agrees that it will not, directly or indirectly, apply for, take out, maintain, or otherwise acquire any patents, utility models, registered designs or copyrights (or any similar intellectual property rights) in any country, on the basis of information obtained by the Customer from CataNiTek (or any of CataNiTek affiliates).

15. Technical Assistance

At the Customer’s request, CataNiTek may, at its discretion, furnish technical assistance and information with respect to possible applications and technical specifications of its product free of cost unless fees have been agreed in the individual case. By providing advice and information CataNiTek does not assume any warranty, express or implied, for technical specifications, use, selection or suitability of the products. In particular, CataNiTek does not assume any warranty that certain chemical reactions which have been presented are feasible. Liability of CataNiTek to these Terms and Conditions shall apply accordingly.

16. Compliance with Laws

The Customer shall conduct its operations in compliance with all applicable laws and regulations of all jurisdictions having contact with the transactions contemplated by these Terms and Conditions. The Customer will, without limitation, obtain and maintain, at the Customer’s expense, all licenses, permits, registrations, authorizations, certificates, consents, waivers, receipts, qualifications, clearances and approvals of any type or character whatsoever (whether public or private) as needed to authorize, without limitation: (i) the parties’ adherence to these Terms and Conditions and performance hereunder; and (ii) the Customer’s import, storage, use, distribution, marketing, transportation and sale of the products.

Without limiting anything in the preceding paragraph: (i) the Customer acknowledges that CataNiTek (and its affiliates) is (are) bound by a corporate policy of ethical and legal conduct (the “Policy”), as well as United States (“U.S.”) law, including the Foreign Corrupt Practices Act of 1977, as amended (the “Act”); and (ii) the Customer agrees not to engage in any activity in violation of the provisions of the Policy, the Act or any other applicable laws or regulations prohibiting unfair, fraudulent or corrupt business practices, including legal requirements designed to combat terrorism and terrorist activities.

17. Export

The Customer acknowledges that the products supplied by CataNiTek may be subject to export and economic sanctions restrictions of the European Union (“EU”), the United Kingdom, U.S. and other countries (“Export Regulations”). The Customer represents and warrants that it will not use, transfer, release, export or re-export or take any action that could result in the diversion of any CataNiTek products or items containing or incorporating any CataNiTek products in violation of applicable Export Regulations. The Customer shall screen parties to export transactions against applicable sanctions and denial lists and inform CataNiTek if any proposed transaction involves parties on those lists or sanctioned destinations. The Customer shall obtain any approvals that may be required.

The Customer is prohibited from selling or providing goods of CataNiTek to any third party if such goods are excluded from delivery according to United Kingdom, EU or U.S. export regulations.

18. No Waiver

No delay on the part of CataNiTek in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise by CataNiTek of any right or remedy shall preclude such party from any further exercise of the right or remedy, or the exercise of any other right or remedy.

19. Force Majeure

If CataNiTek is prevented by force majeure from performing its contractual obligations, in particular from delivering the goods, CataNiTek will be released from its obligation to perform for the duration of the impediment and for a reasonable start-up period without being liable towards the Customer for damages. The same applies if the performance of its obligations by CataNiTek is unreasonably impeded or becomes temporarily impossible because of unforeseeable circumstances for which CataNiTek is not responsible. Such causes include, but are not to, acts of God, actions of the elements, including floods and other natural disasters, fires, explosions, lockouts, strikes, wars, riots, civil commotion, epidemic, embargoes, failure to obtain export licenses or import authorizations, transportation delays and acts of government, energy shortfalls, suppliers’ delivery problems or substantial interruptions of operations. CataNiTek shall promptly notify the Customer of such interference, including, without limitation, a detailed description thereof, the date of commencement of such interference and the estimated duration thereof.

CataNiTek shall be entitled to terminate the contract if such interference persists for more than ninety (90) days and CataNiTek has no longer an interest in performance of the contract due to such interference. After expiration of such period, at the Customer’s request, CataNiTek shall declare whether it intends to exercise its rescission right or deliver the products within a reasonable period of time.

In no event shall CataNiTek be liable to the Customer for any claims, damages, costs or expenses arising out of or related to CataNiTek’ inability to timely ship products or fulfil purchase orders due to a force majeure event.

20. Confidentiality

The Customer agrees for itself and its employees, agents and representatives that the Customer shall not disclose to any third party and shall maintain as confidential, any and all confidential information provided to the Customer by CataNiTek. Such confidential information shall include, without limitation, information concerning CataNiTek’ or its affiliates’ business, finances, proposed products, product development, marketing and/or sales plans, contracts, these Terms and Conditions, business or operational know-how and any other information deemed confidential by CataNiTek.

21. Miscellaneous

The legal relationship between the Customer and CataNiTek shall be governed by and construed in accordance with the laws of Scotland.

The legal venue for all disputes arising from the business relationship between CataNiTek and the Customer is the place of business of CataNiTek. CataNiTek shall also be entitled to bring legal actions at the place of business of the Customer or any other applicable and permissible legal venue.

The Customer shall pay CataNiTek all damages, costs and expenses (including reasonable attorney’s fees) incurred by CataNiTek in obtaining injunctive or other relief for the enforcement of any provision of these Terms and Conditions.

If any provision of these Terms and Conditions should be or become wholly or partially void, ineffective or unenforceable, the validity, effectiveness and enforceability of the other provisions of these Terms and Conditions shall not be affected thereby. Any such void, ineffective or unenforceable provision shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and purpose of the void, ineffective or unenforceable provision.

22. No Waiver

No delay on the part of CataNiTek in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise by CataNiTek of any right or remedy shall preclude such party from any further exercise of the right or remedy, or the exercise of any other right or remedy.