TERMS & CONDITIONS
1. General
The Terms and Conditions specified below shall govern all our quotations and services including custom synthesis and consultation, unless agreed on otherwise in writing or superseded by binding legal regulations. Terms and Conditions or the purchaser shall not apply, even if we do not object expressively.
2. Quotations
a) All prices are quoted subject to revision or withdrawal without notice. Orders are binding only if we confirm them in writing or deliver goods. Oral collateral agreements must be confirmed in writing.
b) Illustrations, drawings, weights, amounts or descriptions in quotations, price lists and other general print material are compiled to our best knowledge but are only approximate unless expressively confirmed. Price estimates, drawings and other documents are out property. They may not be made available to third parties.
c) We reserve the right to refuse any order and will inform the customer in this case in reasonable time.
3. Delivery
a) Deliveries are made exclusively according to the terms and conditions specified herein. We will do our utmost to keep delivery dates but can not guarantee them.
b) If we do not meet the delivery time the purchaser shall allow an extension of 4 weeks. The purchaser can declare that he will refuse acceptance and cancel the order if this extended delivery time is also exceeded.
c) Partial deliveries shall be permitted. Each partial delivery shall be treated like a separate order. Freight charges and charges for orders below the minimum volume will be waived for all but the first partial delivery.
d) We shall not bear any liability for loss or damage of any kind whatsoever resulting from delay, arising from any cause whatsoever. Any liability shall also be excluded if we can not deliver the goods at all, as this entitles the purchaser to cancel his order.
e) We reserve the right to suspend or cancel any unfulfilled order before delivery if payment for any previous order remains outstanding after the due date of payment.
4. Prices
If not quoted otherwise, all prices are net, without taxes, duties and freight charges, “ex works” (Incoterms 2000) Tübingen, Germany. Only the prices of valid quotations or price lists valid at the day of delivery shall apply. We reserve the right to revise price lists without prior notice. Special conditions must be confirmed in writing. Orders of less than 100 Euro in the European Union (EU) are subject to a surcharge of 10 Euro. For deliveries outside the EU a surcharge of 25 Euro will apply for order values below 250 Euro.
5. Payment
a) All invoices are net, without settlement discount, and payment is due 14 days after delivery unless specified otherwise. Invoices for services are due immediately.
b) Cheques shall be accepted only after written confirmation.
c) We reserve the right to request advance payment if we have reasonable doubts about the purchaser’s ability to fulfill outstanding commitments in due time. After the due date interest at a rate of 10 % per year shall be charged on outstanding payments.
6. Reservation of title
a) The title of the goods remains vested with us until payment is received in full. The purchaser will hold the goods on a fiduciary basis only until full payment to us and, in the case of further sale of the goods, will hold any monies received for our benefit.
b) The purchaser shall on demand, until payment has been received in full, give the location and address of the property where the goods are being kept.
c) If the purchaser defaults in punctual payment we shall be entitled forthwith to repossess any of the goods which are still our property. For this purpose we or a representative appointed by us shall be entitled to enter the premises of the purchaser where any of the goods may then be.
d) The purchaser shall insure the goods from the time of delivery until full payment against any loss or damage.
7. Packaging and freight
Packaging and freight charges are payable by the purchaser, unless specified otherwise. Delivery is “ex works” with the transportation risk borne by the purchaser. The carrier for the shipment shall be selected by us unless explicitly specified by the purchaser at the time of the order.
8. Warranty
a) All products we warrant that they comply with the specification given in the written order confirmation, in price lists or product descriptions at the time of the order.
b) Our liability under this warranty is limited to replacing or repairing at our factory any product or part found defective. Any further liability and liability for consequential damages of any kind is excluded to the extend legally possible. We are entitled to pass warranty claims over to our suppliers if applicable.
c) No warranties to the suitability of the goods to be supplied under the contract for any particular purpose intended by the purchaser are given or shall be implied.
d) The purchaser shall inspect the goods not later than 2 days after delivery and immediately notify us in writing about any defects found.
9. Liability
a) Our liability in any case whatsoever, for whatever reason, is limited to the order value of the goods directly involved in the incident causing the damage. This does not apply to cases where we are liable for compulsory legal reasons.
b) We will take care of the customer’s property in our custody during service but shall be liable for loss and damage up to a limit of the actual value of the goods only.
c) The purchaser and end user are obliged to observe any patents and other legal restrictions applicable to the use of the goods. We shall not incur any liability resulting from patent infringements by the purchaser or end user.
d) Our liability for service and consultation shall be limited to the respective order value. Any further claims shall be excluded to the extent legally possible.
e) The purchaser is solely responsible for safe handling, use, storage and disposal of the products according to national laws and regulations.
10. Health and safety
a) All products are sold for research or laboratory use only. They are not intended to be used for medical diagnostics or to be administered to humans or animals. HB Technologies AG and it’s division HB Instruments expressively warns the purchaser against such use.
b) All products must be handled by skilled persons in suitably designed laboratories. Precautions such as protective clothing must be taken to prevent inhalation of products or contact with skin, eyes or mucous membranes.
c) The products have not been tested for toxicity. Missing labels or warning signs do not mean that the products are harmless. Contact with food must be excluded.
11. Legal construction
This set of Terms and Conditions shall be valid even if individual clauses become invalid. Every contract to which these conditions apply shall be construed and take effect in accordance with Germany law and the parties shall accept exclusive jurisdiction in courts of Tübingen, Germany.
HB INSTRUMENTS a division of HB TECHNOLOGIES AG
Paul-Ehrlich-Straße 5
72076 Tübingen, GERMANY
Telephone: +49 7071 97611
Email: instruments@h-net.com