Terms of Service
1. About XBMS
XBMS BV (“XBMS”) is a pharmaceutical equipment procurement specialist incorporated in the Netherlands. We source, evaluate, and facilitate the acquisition of pharmaceutical manufacturing equipment for CDMOs and pharmaceutical manufacturers across Europe. These Terms govern your use of xbms.io and any services provided by XBMS.
2. Services provided
XBMS offers the following services, subject to a separate written agreement:
- Equipment sourcing — identifying and evaluating used, refurbished, and new pharmaceutical manufacturing equipment from European markets and auctions.
- Auction representation — bidding on equipment at pharmaceutical equipment auctions on behalf of clients.
- GMP compliance verification — reviewing documentation packages, calibration records, CE marking, and qualification history.
- Facility transition advisory — asset realisation and exit advisory for plant closures and CDMO site acquisitions.
- OEM access — facilitating introductions to European pharmaceutical equipment manufacturers for new equipment procurement.
3. Engagement and agreement
No service engagement exists until XBMS has confirmed in writing (email or signed agreement) that it will act on a specific request. Submitting an equipment request form on xbms.io constitutes an enquiry only and does not create a binding obligation on either party.
XBMS acts as an intermediary and procurement agent. XBMS does not take title to equipment and is not a seller, manufacturer, or equipment dealer.
4. Fees
Fee structures — whether commission-based, retainer, or fixed fee — are agreed in writing before XBMS undertakes any chargeable work. No fees are payable without a signed fee agreement or written confirmation. VAT is applied in accordance with Dutch tax law where applicable.
5. Client obligations
- Provide accurate and complete information regarding equipment requirements, site conditions, and GMP needs.
- Conduct your own independent due diligence on any equipment sourced via XBMS before purchase.
- Ensure that use of sourced equipment complies with applicable regulatory requirements in your jurisdiction.
6. Limitation of liability
XBMS provides information and facilitation services. We do not warrant the condition, fitness, or regulatory status of any specific piece of equipment. Buyers bear full responsibility for their own due diligence and purchasing decisions.
To the maximum extent permitted by applicable Dutch law, XBMS’s aggregate liability for any claim arising from a specific engagement is limited to the fees actually paid by the client for that engagement. XBMS is not liable for indirect, consequential, or incidental losses.
7. Intellectual property
All content on xbms.io — including text, images, logos, and data — is the property of XBMS BV or its licensors and is protected by Dutch and EU copyright law. No content may be reproduced, distributed, or used commercially without prior written consent from XBMS.
8. Governing law and jurisdiction
These Terms are governed exclusively by Dutch law. Any disputes arising from or relating to these Terms or XBMS’s services shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, unless mandatory consumer protection law requires otherwise.
9. Changes to these Terms
XBMS may revise these Terms at any time by updating this page. The “Last updated” date indicates when changes were last made. Continued use of xbms.io or XBMS’s services after a revision constitutes acceptance of the updated Terms.
10. Contact
Questions about these Terms: [email protected]