General Agreements
By placing an order or completing a contract with immunoGlobe Antikörpertechnik
GmbH, henceforth called immunoGlobe, the customer agrees on these Standard
Terms & Conditions of Sale. Modifications or deviations hereof,
especially the customer's conditions of trading, are only accepted if expressly
confirmed by immunoGlobe. All products and services of immunoGlobe
are available only for commercial enterprises, resellers, and public institutes
of research, investigation or education. Private persons are not accepted
as customers. All immunoGlobe products are for research use only and must
not be applied to humans or animals, neither directly nor indirectly, nor
must they be used for diagnostic, therapeutic, drug or other purposes.
Handling of products must be reserved to skilled personnel.
Warranty and Liability
immunoGlobe does not warrant any suitability of its products for any
other purpose than specified in the products' data sheets. Notice: Generally,
it is immunoGlobe's aim to offer polyclonal antisera in affinity purified
form only. Where this is not possible, crude sera may —depending on the
assay conditions— show additional unspecific reactivity. immunoGlobe shall
only be liable for its products that —at the time of shipment— did not
have the properties specified in the corresponding data sheets. In this
case the customer may choose between refunding of the purchase price or
a free replacement after the product has been returned according to immunoGlobe's
instructions. immunoGlobe does not accept any liability for any damage
arising from the customer's improper handling or storage. Also, immunoGlobe
does not accept any liability for any losses, damages or consequences resulting
thereof, which are due to the application or missing applicability of the
products. immunoGlobe's obligation to pay compensation is limited, as far
as legally possible, to the compensation of the value of the products obtained
from immunoGlobe, if no other provisions are made by the legal regulations
of guiltiness due to gross negligence or intent. immunoGlobe shall
not be responsible for breakage, loss or damage during transport and the
consequences arising hereof. immunoGlobe does not warrant that the purchase
or use of any of its products will not infringe on any patent.
Prices
The prices are those given in the current price list. All prices are
in Euro (EUR) exclusive of value added taxes. The customer shall bear the
costs for packaging and freight as well as the risk during transportation.
The customer shall be charged for possible costs to obtain the necessary
export and import permits as well as charges and taxes for consignments
to destinations outside Europe. If the customer does not specify a certain
mode of delivery or delivery service at the time when placing an order,
immunoGlobe is free to make these decisions on its own discretion.
Delivery
Delivery of available goods will be made as soon as possible after
receipt of the order and the necessary export / import documents. Immunological
services will be scheduled by special arrangements. Delivery dates are
approximate and shall not be binding for immunoGlobe unless confirmed in
writing. During unexpected incidents, like acts of God or the public enemy,
business breakdown, late or impossible delivery from immunoGlobe's suppliers,
and official restrictions or orders, immunoGlobe shall be relieved from
its obligation to deliver in time. Further, this shall entitle immunoGlobe
to withdraw from the contract, in part or in total. The customer shall
be committed to examine the goods, immediately upon receipt, for completeness,
faults and damages and to inform immunoGlobe in writing within seven days,
giving the batch no. and any complaints. The goods queried must be stored
properly, until immunoGlobe's decision on any further action. Returns require
immunoGlobe's express prior consent.
Payment
Unless otherwise agreed on, all invoices must be paid net terms only
within 30 days of document date. Goods shall remain immunoGlobe's property
until paid in full. immunoGlobe shall be entitled to fix interest on the
unpaid amount of an invoice at a rate of three per cent per annum above
the discount rate of the Deutsche Bundesbank.
Final Stipulations
According to the German Data Protection Law immunoGlobe points out
that data of its customers will be stored and processed electronically.
If any of the provisions made is invalid or unenforceable in whole or in
part, the validity of the remaining provisions and the remainder of the
provision in question shall not be affected thereby. Moreover, the provision
in question shall be replaced by a lawful stipulation that is as close
as possible to what has been the intention of the original provision.
Applicable Law
All sales shall be governed by German law. The court of jurisdiction
shall be Würzburg, Germany.
Version
07/2002