1. Terms & Conditions

These terms and conditions cover the sale of all products and services by LabMart Limited (company number: CS123382017) of 10 Racecourse Street, Accra, Ghana, to a customer in Ghana and any information and advice given, whether charged for or not, unless otherwise agreed by LabMart in writing (terms and conditions). These terms and conditions apply to the exclusion of any other terms submitted by the customer (which the customer seeks to impose or incorporate) or which are implied by any trade, custom, practice, or course of dealing.

2. Products & Use

1. The products LabMart supplies are intended for use in accordance with the documentation and manufacturer specifications under the user’s sole responsibility.
2. The specifications and figures contained in LabMart’s catalogues are provided as indications only and are not of a contractual character. LabMart Limited reserves the right to change its articles without advance notice according to improvements that might be required by progress in the applicable technologies.
3. LabMart does not control or inform changes to product specifications. For certain products and under specific conditions, a change control agreement could be signed between the parties.
4. Products supplied by LabMart cannot be used as active pharmaceutical ingredients (APIs) in human or veterinary medicine because, as a distributor, LabMart does not fulfil the requirements laid down in the guidelines for GMP medicinal products for human and veterinary use.
5. Customers using products from LabMart in a pharmaceutical, cosmetic, food, pesticide, or any other regulated application must carry out their own internal checks and controls to ensure that the items are of an appropriate quality or grade and in compliance with their local laws and regulations (e.g., European Pharmacopoeia), etc. Please contact LabMart if you have any questions about your intended use and whether the product you wish to purchase is suitable for that purpose. In no event shall LabMart be liable if a customer uses a product that does not fit with the intended application.
6. It is the customer's responsibility to comply with all applicable health, safety, and other regulations and to take appropriate steps in relation to the storage, handling, sale, and use of the products.

3. Ordering

1. The customer’s order for the products and/or services is an offer by the customer to purchase those products and/or services in accordance with these terms and conditions and shall only be deemed accepted when LabMart issues written acceptance of the order, at which point the contract between the customer and LabMart for the supply of those products and/or services comes into existence (contract).
2. Any additional or special terms included by LabMart in its written acceptance shall form part of the contract. The terms and conditions of the contract apply equally to the supply of both products and services, except where application to one or the other is specified.
3. Should LabMart need to supply products and/or services of different specifications, sources, and pack sizes than those published or ordered by the customer, LabMart shall do so only after consultation with and agreement with the customer.

4. Prices/Charges

1. LabMart reserves the right to change prices to reflect changes in the market environment and to supply the products at the prices applicable at the date of shipment. If pricing changes after the customer places an order, LabMart will provide the customer with a price change notification with the new price prior to shipment. The customer must inform LabMart in writing within five calendar days from the date of receipt of the order confirmation or the price change notification, respectively, if the customer does not agree to this term or the new price, in which case LabMart reserves the right to cancel the order or the respective part of the order.
2. Price on application quotations and all other quotations do not constitute offers and will be valid for 30 days from the date of the quotation, unless otherwise notified by LabMart; LabMart’s right to change prices in line with the foregoing paragraph remains unaffected.
3. All prices in catalogues and quotations are net of Value Added Tax (VAT), National Health Insurance Levy (NHIL), Ghana Education Trust Fund Levy (GETFund), COVID-19 Levy, and other taxes or duties. The prices exclude costs of packaging, insurance, and transport, which will be charged separately if applicable.
4. LabMart has the right to impose a minimum order charge at its discretion, and such amount shall be notified to the customer in writing by LabMart.

5. Payment

1. Unless otherwise agreed in writing, payment in full in cleared funds is due from the customer within 30 days from the date of the invoice. Time for payment is of the essence.
2. LabMart has the right to charge interest on all overdue sums at the rate of five percent per annum over the base lending rate of the Bank of Ghana calculated from the due date until the date of actual payment.
3. Customers who exceed their credit limits will be asked to pay in advance for additional products and/or services until the account is settled.
4. LabMart may at any time, without limiting any other rights and remedies that it may have, set off any amount owing to it by the customer under the contract against any amount payable by LabMart to the customer (whether under the contract or a separate agreement).

6. Delivery

1. LabMart shall deliver to the address set out in the order (delivery location) at any time after it gives notification that the products are ready for delivery. Delivery is completed when the products are unloaded at the delivery location.
2. Where delivery or performance dates are stated by LabMart, these are estimates only, and time is not of the essence; however, if LabMart needs to change such dates, it will do so only after providing information to the customer and having regard to the customer’s stated objectives.
3. Delivered products will remain the property of LabMart until the customer has paid for them. LabMart has the right to deliver an order in installments (which may be invoiced and paid for separately). Any delay or defect in an installment does not give the customer the right to cancel other installments.
4. Any claims for shortages must be made within 7 days of delivery.
5. Any claims for non-ordered items or non-delivery must be made within 7 days of receiving the invoice.

7. Return of Damaged or Unsuitable Goods

1. No goods may be returned to LabMart without the authorization of LabMart. Authorization to return products damaged during delivery must be requested within 3 days of delivery. LabMart has the right to repair and return damaged products.
2. Authorization for the return of products that fail to meet the current published manufacturer’s specifications must be requested in writing within 28 days of delivery. LabMart will assist customers, at customers’ expense, to obtain any manufacturer’s warranty consistent with that granted to LabMart.
3. Authorization for the return of products, other than those damaged during delivery, delivered in error, or those that do not meet specification, must be requested within 10 days of delivery. Credit will be given for those products authorized for return that are unused and in re-saleable condition other than those in the categories shown:
• Open chemicals or diagnostics
• Refrigerated or other perishables
• Items with an expired shelf life or an expiration date too short for resale
• Discontinued items
• Items not purchased from LabMart
4. The authorization will be subject to the condition that the products are returned to LabMart, the manufacturer, or another source by the method advised by LabMart.

8. Supply of Services

1. LabMart shall provide services to the customer in accordance with the specifications agreed between them from time to time. Such services will be provided with all reasonable care and skill.
2. LabMart reserves the right to amend the service specification if necessary to comply with any applicable law or regulatory requirements or if the amendment will not materially affect the nature or quality of the services, and LabMart shall notify the customer in any such event.
3. The customer shall cooperate with LabMart in all matters relating to the services, provide all such access and information as is necessary, and obtain any licenses, permissions, and consents required before the commencement of the services.
4. If LabMart’s performance of the services is prevented or delayed by any act or omission of the customer, LabMart, without limiting its other rights or remedies, has the right to suspend performance of the services until the customer remedies the position, and LabMart shall not be liable for any losses or costs arising from such delay.

9. Health, Safety, and Liability

1. Risk in products will pass at the time of delivery to the customer. The customer is responsible for unloading and transporting large and/or heavy items from delivery vans and for supervising the unloading of all other products delivered.
2. In view of the hazards of certain chemicals and apparatus, the customer must comply with all statutory regulations and any other specific guidance given by LabMart and/or the manufacturer and/or any supplier. LabMart accepts no liability for any injury, loss, or damage arising from failure by the customer to comply with statutory regulations and/or guidance.
3. LabMart’s liability for any claim shall not exceed the net value of the product supplied giving rise to the claim. LabMart shall not be liable for any indirect, consequential, or special loss or damage whatsoever and howsoever arising, including loss of profits, loss of revenue, loss of production, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, and third-party claims. LabMart’s maximum aggregate liability under or in connection with this contract, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount actually paid by the customer to LabMart under this contract.

10. Governing Law and Jurisdiction

1. These terms and conditions and any contract made under them shall be governed by and construed in accordance with the laws of Ghana, and any dispute arising out of or in connection with such contract shall be subject to the exclusive jurisdiction of the courts of Ghana.