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General Terms and Conditions of Sale of biotechrabbit GmbH

1.     General conditions

The following Terms and Conditions (hereinafter referred to as "Terms and Conditions") shall apply to any and all sale of products or services from biotechrabbit GmbH (hereinafter referred to as "biotechrabbit"). On receipt of order confirmation, the buyer (hereinafter "Customer") is considered to have accepted these conditions unless a written notice is given immediately. Any oral agreements or deviating terms and conditions shall be binding only if expressly acknowledged by biotechrabbit in writing. This shall apply in particular if a customer makes reference to their own purchase conditions or to other sets of rules.

2.     Agreements and changes to the orders

An agreement is considered as valid when biotechrabbit confirms the order in writing. biotechrabbit is entitled to adjust the price in accordance with changes in costs, currency exchange rates or duties/public fees that occur during the time after order confirmation and before delivery. If the Customer does not accept the new price, the order can be cancelled without liability, provided the Customer cancels the order immediately.

After accepting an order, biotechrabbit may make modifications to the products without informing the Customer, with the understanding that such modifications are improvements that will not adversely affect the performance of the products.

3.     Revocation

Revocation of a confirmed order for biotechrabbit products or services will be in effect only upon written agreement from biotechrabbit. The Customer shall indemnify biotechrabbit against all losses, damage, claims or action arising as a result of the revocation.

4.     Force majeure

Any case of force majeure or company shutdown or other impediments for which biotechrabbit is not responsible which affect biotechrabbit or its suppliers shall release biotechrabbit from contractual delivery obligations for the term of the disruption and of its effects.

5.     Limitation of use

All biotechrabbit products are designed for use for research purposes only (RUO); they are not recommended or intended for diagnosis or treatment of diseases in humans or animals.

biotechrabbit products are to be used only by trained laboratory personnel who are familiar with potential hazards and in laboratories equipped to perform life science research. biotechrabbit products may contain chemicals which are harmful if misused. Due care should be taken with all products to avoid direct contact with components that are potentially harmful.

The customer shall respect restrictions of the local law. The Customer is responsible for requesting and adhering to information provided in product material safety data sheet (MSDS) pertaining to any product hazards which may exist.

biotechrabbit is not responsible for injury or damages resulting from the use or misuse of any of its products.

6.     Legal statement

Purchase of biotechrabbit products does not include a license to perform any patented applications; therefore, it is the sole responsibility of the Customer to determine whether any licenses for the particular application in which the product is used are required and to engage in the relevant license agreement(s).

The Customer has no rights to use without notice any technical information received with the products for any purposes other than the use of the products in the Customer’s own research or production.

Product claims are subject to change.

Product-related applications mentioned in all biotechrabbit literature are provided for informational purposes only, and biotechrabbit does not warrant that such applications have been tested by biotechrabbit.

7.     Trademarks and disclaimers

Registered names, trademarks, etc. used in the biotechrabbit website, catalog or other literature, even when not specifically marked as such, are not to be considered unprotected by law.

8.     Registered or registration-pending trademarks of biotechrabbit:

biotechrabbit™, StranDisplace™, DirectUP™, UPzol™, GenUP™, UPstart™, UPta™, FastUP™, RevertUP™.

QIAGEN is a registered trademark of QIAGEN GmbH.

5 PRIME is a registered trademark of QIAGEN GmbH.

Affymetrix is a registered trademark of Affymetrix, Inc

Altana Pharma is a registered trademark of Nycomed GmbH

GE Healthcare is a registered trademark of General Electric Company.

Biacore is a registered trademark of GE Healthcare Bio-Sciences AB.

Gene Logic is a registered trademark of Ocimum Biosolutions, Inc.

9.     Prices

Stated prices include packaging costs but are exclusive of value-added tax (VAT) and all other similar taxes or fees. The Customer shall bear the shipment costs, when not otherwise agreed in writing.

Please review § 16.  “Shipping and delivery” for additional shipping and handling costs.

biotechrabbit is not responsible for the correctness of prices. biotechrabbit has the right to change all prices without notice. Different prices are applied for bulk and custom orders.

10.  Orders

The accuracy of all orders is an exclusive responsibility of the Customer.

All orders, whether made orally or otherwise, require written confirmation. To avoid any misunderstandings or duplication, the written order confirmation shall be marked "confirmed".

Orders can be made with the following contact information:

Ordering: 

Tel:  +49 3302 207541 0
Fax: +49 3302 207541 1
order@biotechrabbit.com

OEM & Antibody Service     

Tel:      +49 3302 207541 5
Fax:     +49 3302 207541 1         
oem@biotechrabbit.com

11.  Warranties and liabilities

Each product is warranted to meet the specifications stated in the corresponding product literature at the time of sale. The liability of biotechrabbit for faulty goods is absolutely limited to the replacement and redelivery of the quantity of goods confirmed not to meet indicated specifications, free of cost to the Customer.

The Customer is responsible for examining products immediately upon delivery and to notify in writing both biotechrabbit and the carrier without undue delay and no later than one week after delivery. The failure to observe this one week deadline shall result in the automatic loss of any warranty claims which might otherwise apply.

Alleged faulty goods shall be returned to biotechrabbit or be secured upon instructions from biotechrabbit.

biotechrabbit has no liability in the event of inappropriate handling and processing of the products.

12.  Delivery and return

Products will be delivered in standard biotechrabbit shipping packaging. Shipment is executed by a carrier selected by biotechrabbit.

biotechrabbit does not guarantee specific delivery dates and shall not be responsible for any loss or damage of any kind or nature whatsoever caused by delay in delivery, irrespective of the cause of such delay.

Unless otherwise agreed as stated in the order confirmation or invoice, delivery is Ex Works (Incoterms 2010, International Chamber of Commerce).

The Customer is responsible for taking appropriate steps for receiving biotechrabbit products upon delivery and is liable for all costs involved in taking care of the goods. The Customer acknowledges that terminal owners or carriers might destroy uncollected goods.

Purchased and delivered biotechrabbit products will not be accepted for return unless returned in accordance with an issue authorization from biotechrabbit.

13.  Lien

biotechrabbit has a lien on ordered products until the Customer has discharged all of its obligations arising from the applicable agreement with biotechrabbit. Goods may not be used or disposed or treated in any way which may cause biotechrabbit to lose the legal protection for this lien until the goods have been paid.

14.  Invoicing and payment

All amounts due are payable in Euros, unless otherwise agreed in writing.

biotechrabbit invoices are due 14 days after the invoice date, with the exception that Distributors must pay for the first three orders upfront. For all dealer orders subsequent to the first three, biotechrabbit invoices must be paid 14 days after the invoice date.

Payments are made to the following bank account:

Deutsche Bank Berlin, Germany, BLZ: 10070024, Account No 062889101,  BIC: DEUTDEDBBER,
IBAN: DE49100700240062889101

Bills of exchange are not accepted as a means of payment. Checks shall only be accepted pending full discharge of the debt.

In the event of late payment, biotechrabbit shall assess interest accruing as of the due date, without dunning notice, in the amount of 12% above the base interest rate within the meaning of § 247 BGB.

The Customer may only set-off its own claims against due payments or claim a right of retention insofar as its claims are determined with res judicata effect, are non-disputed, or are recognized. In addition, the Customer shall not be permitted to assign its claims against biotechrabbit.

15.  Sample policy

Several products from the biotechrabbit portfolio may available in sample sizes at low cost, enabling a potential user to evaluate product performance before making a decision to purchase. Shipping and handling costs for the samples is applied as for catalog products, as described in § 16, "Shipping and delivery".

16.  Shipping and delivery

Depending upon the nature of the product, shipments are made by post, on cool packs or on dry ice. Orders of standard catalog products will be shipped, on average, within three working days.

OEM, antibody or other services terms shall be defined for each request separately.

Customers in Germany:
No handling or shipping fee will be charged for orders above 1000 EUR.
Costs for orders up to 1000 EUR:

  • Order handling and shipping costs: € 25
  • Fee for dry ice or cool packs: € 10


Customers in EU:
No additional fee for handling will be charged for orders above 2000 EUR.
Costs for orders up to 2000 EUR:

  • Order handling and shipping costs: € 65
  • Order handling costs: € 25 (shipment on customer's carrier account)
  • Fee for dry ice or cool packs: € 25


Customers outside EU: 
Shipment shall occur on Customer's carrier account and Customer shall bear the shipment costs. 
No additional fee for handling will be charged for orders above 2000 EUR. 
Costs for orders up to 2000 EUR:

  • Order handling costs: € 25 or $ 30
  • Fee for dry ice or cool packs: € 30 or $ 35


Distributors:
 

Shipment shall occur on Distributor's carrier account and Distributor shall bear the shipment costs.
No additional fee for handling will be charged for orders above 2000 EUR.

Shipment terms are ExWorks according to Incoterms 2010. The Customer shall bear the risk of incidental loss or incidental deterioration of the goods shipped, commencing when biotechrabbit hands over the goods to the shipping carrier.

17.  Place of performance

Hennigsdorf shall be the place of performance and payment. Any jurisdiction shall be with the local Court in Berlin biotechrabbit has the right, however, to decide to have disputes  in courts at the domicile of the Customer. German law shall apply in all cases. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not be applicable.

18.  Changes to Terms and Conditions

biotechrabbit may change these Terms and Conditions as ongoing improvement. The up-to-date and valid Terms and Conditions are available from biotechrabbit at the time of order placement and always indicate the date of the last revision.

19.  Online Dispute Resolution

Platform of the EU Commission regarding online dispute resolution: http://ec.europa.eu/consumers/odr/. Consumers may turn to the above-mentioned online dispute resolution platform to settle disputes.

20.  Date

Last revised: July 5, 2016