Terms of service

MAVERICK BIOMATERIALS

ONLINE SUPPLY TERMS AND CONDITIONS

Biological Materials (Collagen)

By clicking “I Agree” and proceeding with a purchase through Maverick Biomaterials’ online ordering portal, you (Buyer or You or you) agree to be legally bound by these terms and conditions (Terms). If you do not agree, do not proceed with the purchase.

 

1. Definitions and Interpretation

Material means the collagen biological material supplied by Maverick, as described on the Product page.

Maverick means Maverick Biomaterials Pty Ltd of 46 Mountbatten Drive, Dubbo, NSW, 2830, Australia.

Order means an order submitted through Maverick’s online portal and accepted by Maverick.

Specifications means Maverick’s published specifications for the Material in effect at the time of shipment. 

Headings are for convenience only and do not affect interpretation.

 

2. Contract Formation

An Order submitted by the Buyer constitutes an offer to purchase the Material under these Terms. A binding contract is formed when Maverick accepts the Order or ships the Material, whichever occurs first. These Terms constitute the entire agreement between the parties relating to the Material and supersede all prior communications, representations, or agreements.

 

3. Price and Payment

The price of the Material is as stated on Maverick’s online portal at the time the Order is placed. Payment must be made in full in advance using the payment methods offered on the portal. Maverick will not ship the Material until payment has been received in cleared funds. Except as expressly stated in these Terms or required by applicable law, all sales are final and non-refundable.

 

4. Delivery, Title, and Risk

Maverick will arrange shipment of the Material to the delivery address that You provide. Delivery dates are estimates only. Maverick is not liable for delays in transit. Risk of loss or damage passes to You upon shipment from Maverick’s facility. Title to the Material passes to the Buyer upon shipment, provided full payment has been received.

 

5. Nature and Use of Material

The Material is biological material and is supplied solely for research, laboratory, evaluation, or other non-clinical purposes, unless expressly stated otherwise in writing by Maverick. The Material is not intended for human or animal therapeutic, diagnostic, or clinical use, and is not a medical device, drug, or consumer health product. You are solely responsible for: (i) determining the suitability of the Material for its intended use, (ii) ensuring proper handling, storage, transport, use, and disposal, and (iii) complying with all applicable laws, regulations, permits, and safety requirements in the Buyer’s jurisdiction. You  must not resell, sublicense, or redistribute the Material without Maverick’s prior written consent.

 

6. Warranty

Maverick warrants that, at the time of shipment, the Material materially conforms to the Specifications. You acknowledge and agree that the warranty in this Section 6 does not cover (i) degradation, instability, or changes inherent to biological materials, (ii) damage caused by shipping after risk has passed, (iii) improper handling, storage, preparation, or use, (iv) use outside Maverick’s stated instructions, nor (v) experimental variability or outcomes of use. The warranty provided in this Section above constitutes Maverick's entire warranty with respect to the Materials and is in lieu of all other warranties, expressed, implied and statutory including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, freedom to operate and infringement of third-party rights and are in, all to the fullest extent that they can be excluded by law.

 

7. Inspection and Remedies

You must inspect the Material promptly upon receipt. Any claim that the Material does not comply with the warranty in Section 6 must be made in writing within seven (7) days of receipt, with reasonable supporting evidence. Maverick’s sole obligation and Your exclusive remedy for a valid warranty claim is, at Maverick’s option: (i) replacement of the affected Material, or (ii) refund of the purchase price paid for the affected Material. No other remedies are available.

 

8. Limitation of Liability

To the maximum extent permitted by law:

1. Maverick’s total aggregate liability arising out of or relating to an Order or the Material shall not exceed the amount paid by the Buyer for the specific Material giving rise to the claim;
2. Maverick shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of data, loss of use, business interruption, or reputational harm, even if advised of the possibility of such damages; and
3. Maverick is not and shall not be liable for claims arising from: (i) Buyer’s use or misuse of the Material, (ii) regulatory non-compliance in the Buyer’s jurisdiction, and (iii) downstream products, research results, or applications developed using the Material.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including where relevant, certain consumer protection laws in the EU or elsewhere.

 

9. Data Protection and Privacy

Maverick may collect and process personal data relating to the Buyer or its representatives for purposes including order processing, payment, delivery, customer support, compliance, and record-keeping. Maverick will process personal data in accordance with its Privacy Policy and applicable data protection laws. Maverick will implement reasonable technical and organisational measures to protect personal data against unauthorised access or misuse. 

 

10. Force Majeure

Maverick is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, governmental actions, supply chain disruptions, or carrier failures.

 

11. Termination and Availability

Maverick may cancel or refuse an Order prior to shipment if the Material becomes unavailable or cannot be supplied, in which case Maverick will refund any amounts paid.

 

12. Governing Law and Jurisdiction

Except where mandatory local law requires otherwise, these Terms are governed by the laws of New South Wales, Australia, excluding conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

GENERAL

Maverick’s failure to enforce any right is not a waiver. If any provision is unenforceable, it will be severed to the minimum extent necessary. Maverick may update these Terms from time to time. The version in effect at the time of Order will apply.