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Terms and Conditions for research and development services by Eurekite B.V.

In these general terms and conditions (“General Terms and Conditions”) for research and development assignments to Eurekite BV (“Eurekite”) is understood by:
- “Partner”: the party that gives the assignment
- “Eurekite”: the party who will execute the assignment
- “Agreement”: offers, assignments, projects, contracts and all other legal relationships.

1. Applicability of these terms and conditions

These Terms and Conditions are applicable to all Agreements between Eurekite and the Partner. These General Terms and Conditions are also applicable to Agreements with Eurekite, whereby Eurekite uses third parties for carrying out the assignment. Any general purchase conditions or other general terms and conditions used by the Partner will not apply to the legal relationship between the Partner and Eurekite, and are hereby expressly rejected. Eurekite will carry out the Agreement on a best effort base.

2. Scope of the Agreement, offer

2.1 The scope of the Agreement is determined by the description of the activities in an offer or other formal descriptive document from Eurekite, including all changes which will be made afterwards in mutual consultation.
2.2 Unless stated otherwise in the offer, Eurekite stands by its offer during one (1) month from the offer date.

3. Execution of the Agreement, result

3.1 The Agreement will be carried out within the period stated in the offer in consultation with the Partner, unless this should be proven impossible. Eurekite has the right to carry out the Agreement in different phases within the period and to send a bill for work already carried out. If the period threatens to be exceeded, Eurekite will be obliged to consult with the Partner as soon as possible.
3.2 Eurekite will not be obliged to commence carrying out the Agreement before all information, substances or objects to be made available by the Partner to Eurekite have in fact been made available to Eurekite in the agreed form and numbers. The period referred to in article 3.1 will be automatically extended by any delay that may be caused by this.
3.3 The Partner will carry the risk of any misunderstanding in respect of the contents and performance of the Agreement, if this in reason should be for Partner’s risk or has been caused by specifications not received by Eurekite or received incorrectly, not in time or incompletely, or by other information given orally or by a person designated for this purpose by the Partner or transmitted by any technical means such as e.g. by telephone, fax, email and similar communication media.
3.4 Eurekite will inform the Partner of manifestly apparent shortcomings in the agreed research and development methods and other particulars that become apparent during the execution of the Agreement, which in Eurekite opinion are of importance to the Partner.
3.5 Eurekite shall carry out the Agreement to the best of its ability and insight and in accordance with the demands of good workmanship.

4. Rights to results

Within the scope of the Agreement the Partner will have the full and free right of use and ownership of the knowledge it possesses or will gain during the performance of the assignment including any intellectual property rights pertaining thereto.
Insofar as the assignment carried out by Eurekite leads to patentable matter, Eurekite will have the right to apply for (a) patent(s) in its own name and for its own account.

5. Price and Payment

5.1 Unless stated otherwise, all amounts mentioned by Eurekite in the offer are exclusive of turnover taxes.
5.2 Eurekite shall be entitled to invoice the Partner periodically for any activities performed. Likewise, Eurekite may demand partial advance payment or security for the payment up to the amount of the Agreement. Invoices shall be sent to the Partner's address, unless otherwise agreed.
5.3 If the advance is not paid on time, Eurekite cannot be held to either start or continue activities that form part of Agreement.
5.4 The Partner shall be obliged to pay the invoice in euros within thirty (30) days from date of invoice. If the Partner exceeds this term of payment he shall be obliged, after having been declared in default by Eurekite, to pay both the legal interest counted from the due date and the costs of collection out of court.

6. Liability

6.1 Eurekite shall be held liable for any direct damage suffered by the Partner as a result of Eurekite’ non-performance, not exceeding, however, the amount due by the Partner in accordance with the amount of the offer. Eurekite shall never be held liable for indirect damage, like consequential damage, loss of profit, missed savings and damage suffered by business interruption.
6.2 If the Partner uses or applies any result obtained through Eurekite, or gives third parties the opportunity to use or apply them (or have them used or applied), the Partner shall indemnify Eurekite against any claims for his part and claims from third parties due to damage, unless this damage is the result of the fault or gross negligence of Eurekite.
6.3 The Partner shall be held liable for any damage suffered by Eurekite and/or persons called in by it during the carrying out of the assignment on the Partner’s premises, unless this is due to Eurekite’ fault or that of the persons called in by it.
6.4 Eurekite shall not be held liable for any damage caused by defects in the matters supplied to Eurekite, which have been passed on by Eurekite to the Partner, unless and insofar as Eurekite is able to hold its supplier liable for this damage.
6.5. Eurekite cannot be held liable for damages of whatever nature, which have arisen due to the fact that Eurekite has based itself on incorrect and/or incomplete data supplied by the Partner

7. Defects; terms of complaint

7.1. Complaints about the activities carried out as part of the Agreement should be reported by the Partner in writing to Eurekite within ten (10) days after discovery, but at the latest within sixty (60) days after completion of the activities in question.
7.2. If a complaint is justified, Eurekite will carry out the activities as agreed, unless this has meanwhile become useless. If this is the case, the Partner should make it known in writing. If the carrying out of the agreed service is no longer possible or has lost its purpose, Eurekite can only be held liable within the limits of article 6.1 of these General Terms and Conditions.
7.3. Even when the Partner lodges a complaint on time, his obligation to pay shall remain.

8. Force Majeure (non-accountable faults) Eurekite shall not be held liable if it is not able to fulfill its obligations to the Partner or to fulfill these on time as a result of force majeure. Force majeure shall include circumstances which prevent the normal performance of activities.

9. Annulment of the Agreement

The claims which Eurekite has on the Partner are immediately payable in the following cases:
- Circumstances which have become known to Eurekite after concluding the Agreement, provide sufficient grounds for Eurekite to fear that the Partner will be unable to meet his obligations;
- If Eurekite has asked the Partner to provide surety in respect of the performance and this surety is not provided or insufficiently so. In the said cases Eurekite will be entitled to suspend further execution of the Agreement or to proceed to terminate the Agreement, this without prejudice to the right of Eurekite to claim damages.
If circumstances were to arise with regard to persons and/or materials of which Eurekite avails itself for the execution of the Agreement or is used to avail itself, and which are of such a nature that execution of the agreement becomes impossible or so difficult and/or disproportionately expensive that observance of the agreement can no longer be reasonably expected, then Eurekite is entitled to terminate the agreement.

10. Default

If one of the parties does not fulfil its obligations arising from the Agreement and fails to fulfil this obligation or to compensate the damage suffered by the other party within a period of thirty (30) days after receipt of a request for compliance and/or indemnification from that other party, the said other party shall have the right to terminate the Agreement at any time. Such termination shall not affect the performance of obligations by the party in default or the rights of the other party which are due or exist before the date of termination.

11. Disputes, competent court; applicable law

11.1 All disputes that might arise as a result of the Agreement, or of further Agreements resulting from it, will be submitted for exclusive settlement to the competent court in The Hague.
11.2 Any agreement between Eurekite and the Partner shall be governed by and construed in accordance with the Laws of the Netherlands.

  • History

    Brief summary of Eurekite's history

    Background

    Eurekite’s birthplace is the University of Twente, which is located in Enschede, The Netherlands. The Flexiramics® technology was developed at the Inorganic Materials Science Group (IMS) of MESA + Institute for Nanotechnology, under the supervision of Prof. Andre ten Elshof.

    Incorporation

    The company was incorporated in May 2015 as a spin off from the university to further develop and commercialize the technology. The disruptive flexible ceramic technology attracted Cottonwood Technology Fund, a top performing early stage VC firm from U.S.

    Investment

    Cottonwood Technology Fund invested €1.15M in the newly founded company in September 2015, with the aim to enable the industrialization of the novel technology.

    Flexiramics®.PI prototype

    Eurekite developed the first composite films in April 2016. This milestone shaped the following developments.

    Large size Flexiramics

    Eurekite started scaling up the technology. The first large samples of Flexiramics® were produced in December 2016. The company has continuously been working and improving since.

    New compositions

    Eurekite proved that different ceramic composition can be made flexible while using the Flexiramics® proprietary process.

  • Team

    Meet our dynamic and multicultural team

  • Gerard Cadafalch

    CEO/Co-founder

     

    Gerard is originally from Catalonia, Spain.

    He studied chemical engineering at the University of Barcelona. Moreover, he had several jobs in chemical labs and was an active board member in different associations.

    He moved to the Netherlands in 2011, to pursue a PhD in fabrication of nanomaterials at MESA + (University of Twente). During his PhD he invented the flexible ceramic material that resulted in the foundation of Eurekite.

    Bahruz Mammadov

    CFO/Co-founder

     

    Bahruz was born in Azerbaijan. He studied chemistry at Ganja State University. After graduation, he worked at Azerbaijan International Mining Company, where he became a senior process engineer. Later on, he moved to the Netherlands to pursue his education in a master’s program in chemical engineering at the University of Twente and gained further work experience at BASF, Germany. During his master’s program, he learnt about the flexible ceramic technology and co-founded Eurekite.

    Bas Kerkwijk

    Head of Operations

     

    Bas holds a PhD in structural ceramics and his curiosity for “flexible ceramics” drove him towards Eurekite.

    For the last 15 years he worked in various roles in manufacturing engineering, project and commercial management and business development. Currently he is responsible for the project management of operations, scale up and supporting the management team.

    Pavel Cholakov

    Head of Business Development & Sales


    Pavel is originally from Haskovo, Bulgaria. He moved to the Netherlands to pursue further education. Pavel holds two bachelor's degrees in management and an MBA in Financial Management. He has over 5 years of experience with new ventures. Currently he is in charge of the business development and sales of Eurekite.

    Roger Brunet Espinosa

    Head of Research & Development

     

    Roger was born in Barcelona, Spain. He studied chemical engineering at the University of Barcelona (UB). In Spain, he worked for Procter and Gamble (P&G) and then, moved to The Netherlands to perform a PhD in material fabrication for water purification. Currently, he is working as material scientist at Eurekite.

    Marcel ten Hove

    Chemical engineer/Researcher

     

    Marcel was born in the Netherlands. He studied Chemical Engineering at the University of Twente. After graduation he started a PhD position in Inorganic Membranes at the University of Twente. Currently he is responsible for production scale-up and for research of new materials at Eurekite.'

    Ruta Stankeviciute

    Researcher

    Ruta is originally from Vilnius, Lithuania.

    She studied the chemistry of nanomaterials at the Vilnius University and holds a Master degree with Magna Cum Laude in Chemistry. During her studies, she managed to gain work experience at the Centre of Plasma and Laser Engineering in Poland, and at the MESA+ Institute for Nanotechnology in the Netherlands.

    Currently she is responsible for the production, quality control and quality assurance of samples within Eurekite.

  • Eurekite in the News

    EUREKITE WINS THE “BEST STARTUP” PRIZE OF THE NANO2START CONTEST AT MECSPE 2017
    Dutch researchers have created flexiramics—flexible ceramics for circuit boards.
    UT-SPIN-OFF EUREKITE KAN STAP NAAR DE MARKT MAKENCOTTONWOOD INVESTEERT IN TWEEDE TWENTSE INNOVATIEPROJECT

    Eurekite closes on over €1M investment from Cottonwood Euro Technology Fund Eurekite, the first worldwide provider of a new nanotechnology based flexible ceramics...

     

    Volgens de oprichters van de Twentse start-up Eurekite is hun materiaal Flexiramics, dat de eigenschappen van keramiek en papier combineert, revolutionair. Maar vooralsnog lijken de uitvinders vooral op zoek naar problemen voor hun oplossing. Vinden ze een partner om de productie op te schalen?

    Нидерландский стартап Eurekite представил новый материал с уникальными свойствами. Он получил название «флексирамика», поскольку обладает многими характеристиками керамики, но при этом остаётся гибким. Лист флексирамики похож на прочную ткань, которая легко сминается и скручивается, но не горит и не рвётся.

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    Keramik machen eine ganze Menge nützlicher Technologie, wie Körperpanzer, Space-Shuttle-Hitzeschild-Kacheln und transparente Aluminium. Jetzt ein Trio von alchemistischen Adepten der Arbeit in einem Labor in Holland haben sich mit einem flexiblen, nicht leitenden keramischen Polymer, das in biegbaren, faltbar, feuerfeste Platten kommt zu kommen.

    Il nuovo materiale flexiramics, sviluppato dalla startup olandese Eurekite all’Università di Twente, è un materiale flessibile che è ignifugo e non conduttivo, come i materiali ceramici. Eurekite ha l’obiettivo di usare il nuovo materiale per produrre un PCB ceramico flessibile per applicazioni di elettronica pesante, per cui è vantaggioso unire la flessibilità e la leggerezza di un polimero con le proprietà termiche e isolanti di una ceramica. Pare che un frammento di PCB che misuri 10×10 cm costerebbe meno di 1 euro ed il prezzo di mercato sarebbe invece simile a quelli attualmente usati.