Katchem s.r.o.

Business Terms

Business Terms

These business terms govern all offers, orders, deliveries and order confirmations, fulfilment of the seller and all business and contractual relations in which Katchem spol. s r.o. (hereinafter Katchem or the Seller) acts as the seller. An amendment to these terms will be considered valid only if approved in writing by the executive or manager of the Seller. The subject of the Seller’s deliveries to the buyers are the chemicals offered in the Seller’s catalogue or the chemicals produced by the Seller for the Buyer based on special order outside the catalogue (on request).

1. Ordering

The products delivered by the Seller are chemical compounds. These compounds are often dual use or military goods, which means that a licensing permit from the trade ministry (or other institutions) is required for the import / export of these compounds both for the Seller and the Buyer.

Our production portfolio can be divided into three groups: Safe goods, Dual-use goods and Military goods. Please check in the catalogue (colour coded) which category the product you want to order belongs to, or discuss this matter with us and then supply us with all necessary documents according to the below-stated conditions:

If your chosen product is marked with more than one colour, conditions for all colours marked apply.

 

Safe goods – without any licence

 

Required documents:

 

Purchase order (form or necessary information in part 2)

 

The approximate time of shipment of the goods: three weeks (if the goods are in stock) or two months (if the goods must be put into production). The expected order delivery deadline is individual, depending on the complexity of preparation.

Dual-use goods (10B, 6Li or 2D enriched compounds) :

Required documents, supplied by the Buyer:

Purchase order: Either use this form, or you can use your own, but all necessary information listed in part 2 must be stated.

 

END-USE Declaration: Customers from all countries must complete an END-USE declaration, in cases where they order dual-use compounds:

For countries other than Russian Federation: .docx or .pdf

For the Russian Federation: .docx or .pdf

Print it on the letterhead paper of your university / company and provide it with the signature and original stamp (not only printed). Please specify exactly the purpose of the use – a simple “Research” is not sufficient explanation.

After obtaining the above documents from the Buyer (purchase order and END-USE declaration), we will ask corresponding authorities for the export licenses. The fees are paid by the Buyer and are:

a)      90 EUR for the special licence from the State Office for Nuclear Safety

b)     90 EUR for the special licence from the Licensing Department at the Ministry of Trade. This second fee only applies for countries other than: Australia, Canada, Japan, New Zealand, Norway, Switzerland, United States and EU member states

 

Once we have obtained the export licenses (within 60 days after application), we can send the chemical(s) to your university / company.

 

Please note!

After supplying the goods, we will ask you for a written confirmation from the end-use customer stating that the goods were received.

 

Please send the scanned documents (END-USE declaration and purchase order) by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

Please send the original printed documents via standard mail to our address:

Katchem spol. s r.o.
Areal VU
Hlavni 130
250 68 Rez
Czech Republic

The goods will be dispatched 40 to 70 days after receiving your binding order depending on the number of licences that are necessary for export.

 

Military goods (carboranes, decaborane and their derivatives)

Some of our  products are considered “energetic materials” on the Munition List and are treated as military goods. Concerning the goods classified as military, you can find all information on this website:
http://www.wassenaar.org/participating-states/

 

Required documents:

 

Purchase order – printed and signed original by ordinary mail. Either use this form, or you can use your own, but all necessary information listed in part 2 must be stated. The order has to be signed on each page.


 

END-USE Certificate - original (form a, b)
 

Please note that if the Certificate is printed on 2 sheets, the first sheet also has to be authorised by the appropriate office in your country. You can also provide the Import Licence from your state authorities.

 

We also need END-USE declaration for 10B enriched compounds, whichhas to be printed on the letterhead paper of your university / company and provide it a with the signature and original stamp (not only printed). Please specify exactly the purpose of the use – a simple “Research” is not sufficient explanation.

 

Please note!

After supplying the goods, we will ask you for a written confirmation from the end-use customer stating that he received the goods.

 

For shipping, we also require an import license from your authorities or confirmation (signed by your customs authorities) that no import license is required for the import of the compound(s). 

Please, before sending the original documents (purchase order, END-USE certificate and END-USE declaration) send a copy by e-mail or fax to Mrs. Iva Bartkova
(e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it., F
AX no. +420 220 940 137).

The original documents need to be sent via standard mail to our address:

Katchem spol. s r.o.
Areal VU
Hlavni 130
250 68 Rez
Czech Republic

After obtaining the above documents from the Buyer (purchase order and END-USE Declaration), we will ask corresponding authorities for the export licence. The fee is paid by the Buyer:

Special export licence fee is 250 EUR

Term of licensing process:2-3 months

 

2. Orders, postage and handling

To order goods, you can use either our form, or your own.

If you use your own form, please provide the following information:

 - Delivery address

 - Invoicing address

 - VAT (all EU customers who have a VAT number are obliged to indicate this number in their order, otherwise they will be billed VAT in addition to the amount for the goods and shipping)

 - Contact person (including telephone number and e-mail address)

 - Catalogue number of the ordered chemical

 - Required quantity or packaging

 - Price (including shipping price, if applicable)

 - Potential request for manner of shipping (e.g. FEDEX account No. - for customers that have
    an account with the given shipping company, we ship the goods “collect” upon request)

The prices in the pricelist are EXW Kralupy nad Vltavou, from where the goods are shipped and where they are sent in the case of claims.

Prices for shipping are governed by the valid pricelist of the chosen shipping company and the quantity and hazardous nature of the shipped goods.

In the case of a request for special delivery / packaging other than that set out in the pricelist (e-shop), 25 EUR will be charged for every additional packaging (i.e. 75 EUR will be billed for the distributing 100 g divided into 4 x 25 g).

The order is executed only after its confirmation from our business department. In case of confirmation failing, please contact us (maybe we have not received your order). 

Orders of compounds not listed in the catalogue

Upon agreement, the company is able to produce compounds that are not listed in the catalogue. The price of these compounds will be consulted with the client and will include not only the price for production, but also the price for potential research and development. This includes e.g. lower carboranes, silicon derivatives and compounds of high purity (higher than 98 %), e.g. for doping use (semiconductor purity).

Orders of compounds in over-the-limit quantities

These will be solved individually with each customer.

3. Order changes

Orders performed according to these terms can be subsequently changed or modified only on the basis of a written agreement concluded between the Buyer and Seller. This agreement will specify the changes to be made, as well as the potential impact of these changes on the price and delivery time. The Buyer cannot cancel an order that has been delivered to the Seller, without such cancellation being explicitly approved by the Seller and without the contractual parties agreeing on a cancellation fee, whereas the Buyer takes into account that the fee may also include costs for storage and transport, costs for production, packaging costs and all other costs arising from the cancellation of the given order by the Buyer. An agreement on the value of the cancellation fee is a condition for granting consent to cancellation of the order.

4. Transport of compounds

Transport of compounds and their identification is governed by the given IATA, ADR, CLP regulations.

5. Delivery, claims, delays

Unless agreed otherwise, the Seller ensures transport using shipping (forwarding) companies, which are capable of transporting these compounds. This means companies such as FEDEX, DSV, etc. Costs for shipping are borne by the Buyer. The requirements for the shipping of these compounds are governed by regulations for transport of dangerous goods (if applicable) and by the pricelists of the transportation companies and are available on their websites.  If the Buyer requires special mode of transport, this may be carried out, but must be stated when placing the order.

The delivery deadlines are 3 weeks from receiving the written orders, if the goods are in stock and can be exported without a license. If the goods must be put into production, the expected order delivery deadline is individual, depending on the complexity of preparation. Usually it is 2 months (this also applies in the case of licensing procedure). In the case of orders for compounds that are not listed in the catalogue and require research and development and are related to the development of new technologies, the delivery deadline is agreed individually and the Seller reserves the right to withdraw from fulfilling the delivery if production proves to be technically or technologically unfeasible.

Apart from the ordered products, an integral part of each delivery are the safety sheets for the individual products, analytic characterizations, consisting of a set of 11B, 1H NMR spectra, or 10B NMR spectra in the case of isotopic compounds containing 10B. In the case of borohydrides, esters and similar substances, an analysis of the total content of boride and active hydrogen is attached in addition to the NMR spectra.

Goods for a total price of over 1,500 EUR or 1,600 USD are automatically insured and the costs are borne by the Buyer.

Liability for damages is governed by the delivery condition INCOTERMS 2010.

If the Seller is liable for the loss or damage to the goods during shipping, it will exchange or replace all the goods at its own discretion, under the condition that it is informed about damage to the shipment within three days from the actual delivery date.

The Seller reserves the right to make the delivery in parts, whereas all partial deliveries will be invoiced and paid separately regardless of the next delivery. Delays in any partial delivery do not relieve the Buyer of the obligation to accept the remaining deliveries. The price of transport in these cases is borne by the Buyer, if not agreed otherwise by both sides.

Immediately after the Buyer receives any products delivered according to these terms, it will inspect them and inform the Seller in writing of any found deficiencies, defects or damage. In the case of damage or destruction of the delivered products, the Buyer will not handle the products in any manner and will await instructions from the Seller concerning further procedure. If the Buyer does not inform the Seller about defects or incomplete product deliveries within three days from receiving the shipment, it is deemed with final validity that the products were delivered punctually and duly and that they were irrevocably accepted by the Buyer.

Although the Buyer will exert maximal efforts to fulfil the agreed delivery deadline, this date is for orientation only. The Seller is not liable for damage or losses, whether direct or subsequently caused by delays in delivery. Acceptance of order fulfilment depends on whether the Seller has all of the necessary consents, licenses, authorizations and permits for delivery to the Buyer. If the Seller does not have such prerequisites at any given moment, it has the right to refuse the order by means of a message delivered to the Buyer. The seller does not bear legal liability for any losses, damage or fines from any delay or failure to perform production under these terms, for any reason that is beyond the Seller’s control and which the Seller cannot influence within its abilities.

If the goods are duly stored (according to the instructions in the safety sheet), the quality warranty is 6 months.

6. Means of payment, sanctions for unpaid orders, prepayments

Our price list is in EUR, but you can of course pay in USD. The price is in this case calculated according the current USD / EUR exchange rate on the invoicing day. The price represents the sum that is to be credited to our bank account. All bank charges are settled by your side.
For new customers with deliveries worth more than 5,000 EUR and existing customers that have previously had unpaid invoices past the date of maturity, we require 100% prepayment.

Concerning payment, we prefer wire transfer. In case of payment by credit card, the prices of goods and transport are 4 % higher (due to the extra charges by banks in our country) and there is a 15 EUR handling fee when paying by cheque. We will not accept cheques as of 2017.

In case of payment by credit card, we require written consent from the owner of the card with the following information:

- Name
- Address
- Card No., including last three numbers on the reverse side of the card (Card Verification
  Value Code)
- Expiration date
- Total sum to be paid
- Signature

You can send this information by fax or as a scanned attachment by e-mail.

Maturity of the invoice: 30 days after invoicing

We advise you that our company can charge you a contractual fine at the amount of 0.1 % of the price of the goods (contract) for every day after the maturity of the invoice.

7. Reservation of ownership rights

The Seller transfers the ownership right to the goods to the Buyer. The ownership right to the goods is transferred to the Buyer only upon full payment of the purchase price. Until full payment of the purchase price, the Buyer:

 a) will be the holder of the respective products as the warehouser of the products in favour of the Seller,

 b) will store these products separately from the other goods owned by the Buyer,

 c) will ensure that these products are not subject to any fee, pledge or other third-party rights,

 d) will return the products to the Seller immediately upon the Seller’s request.

If the Buyer sells or otherwise divests of any part of the products before the Seller receives respective payment for them in full, the Seller is entitled to the proceeds from such sale.

8. Taxes and other fees

All taxes, customs duty and fees for inspection or testing etc. imposed by any state authority or measured out for a specific trade between the Seller and Buyer will be paid by the Buyer in addition to the prices set out in the offer. If the Seller pays any such tax or fee, it will re-invoice such to the Buyer, who undertakes to pay this tax or fee.

9. Warranties and liability

The Seller guarantees that its products will correspond to the description of the specific products provided to the Buyer in the catalogue, the technical specifications and similar documents related to the Seller’s products. Under this warranty, the Seller is not liable in cases when the Buyer used the products in any incorrect manner, did not use the products according to the standards and methods valid in the given sector, or did not use the products according to the Seller’s instructions, if the Seller provided such instructions (e.g. storage at a temperature higher than that stipulated by the Seller, storage in an inert atmosphere, etc.). The Seller’s sole obligation and Buyer’s claim in relation to products that prove to be defective or inadequate is the replacement of these products or refunding of the purchase price within 6 months from the delivery date.

10. Fulfilment of laws and regulations

The Seller declares that to the best of its knowledge, the products are manufactured according to the valid legal regulations.

11. Use of products by the Buyer

The Seller’s products are designated primarily for the purpose of laboratory and technological research, and for use in special technologies and as chemical substances for the preparation of medicaments. The Buyer takes into account that the products were not tested by the Seller for safety and effects in food and medicaments, pharmaceutical or cosmetic products (unless explicitly stated) for humans or animals.

The Buyer explicitly declares and guarantees to the Seller that the Buyer will duly test, use, produce and introduce to the market all products purchased from the Seller or materials created using the products purchased from the Seller in accordance with the practice of an individual who is an expert in the given field, and in strict compliance with all existing and future valid laws and regulations.

The Buyer is liable for ensuring that the delivered product will not be obtained with the intent of producing or supplying substances that could be used as addictive or psychotropic substances, and also guarantees that the delivered product will not be misused for military or illegal purposes.

The Buyer is obliged to assess the risk and conduct all additional research required to determine the risks related to use of the products purchased from the Seller. The Buyer is also obliged to inform customers and all of the Buyer’s personnel (e.g. transport workers, etc.) about all of the risks related to using or handing the products. The Buyer undertakes to adhere to the Seller’s potential instructions related to the use of the products, and to ensure that these products are not used in an incorrect manner.

If it is necessary to repackage, park or use the products purchased from the Seller as input material or parts for other products, the Buyer is obliged to verify the certificate of the Seller’s products.

None of the products purchased from the Seller may be considered food, medicine, pharmaceutical products or cosmetics, unless stated otherwise.

12. Buyer’s obligations and compensation of damages

The Buyer undertakes to use all of the products delivered by the Seller according to Article 7 of these terms, and undertakes that such use of the products will not be contrary to any valid laws or regulations.

13. Intellectual property

The Seller is not liable for claims raised against the Buyer for violation of patent rights, registered trademarks (including all copyrights) related to the use or resale or offer of resale of the products originally sold by the Seller or by other means, including their use in combination with other products.

14. Technical assistance

Upon request from the Buyer, the Seller may at its own discretion provide technical assistance and information about the products delivered to the Buyer.

15. Miscellaneous

The fact that the Seller will not enforce any provision of these terms or apply any right established under these terms does not mean that the Seller waives the right to enforce its right at any time in the future. All claims and compensation under these terms are cumulative and are added to all other claims and compensation to which the Seller is entitled from the Buyer based on the law of purchase contract. Any waiver of rights related to non-fulfilment by the Buyer under these conditions must be in writing and will not mean a waiver of rights in relation to any other non-fulfilment or the same non-fulfilment at any time in the future.

Should any provision of these business terms be considered invalid, illegal or unenforceable, this will not affect the validity, legality and enforceability of the other provisions. The names of the articles set out in this document are strictly informative and do not form any part of the terms and do not affect their interpretation.

16. Governing law

All disputes arising between the Buyer and Seller will first be solved by mutual agreement. If the dispute is not solved by agreement, it will be resolved by the Court of Arbitration of the Chamber of Commerce of the Czech Republic according to the rules of this court, by three arbiters.

 17. Discount promotions

Potential ongoing discount promotions are posted on our website in the "Products" section.

Should you have any questions, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.