2. Contents of the contract and guidelines

1. All quotations are without engagement concerning price and supply possibility. The prices valid on the day of delivery will be brought to account. Oral agreements as well as agreements made by telephone or through a representative attain validity by a written confirmation.
2. We advice our customers and other users of the guidelines of the current genetic engineering of the particular country of use. We do not assume any liability for damages occurring from non-observance.
3. Our products are exclusively meant for the usage in laboratories. They are not to be used in or at human-beings. They are also not suitable for diagnostic purposes because they are neither checked nor designed for the same.
4. By placing an order, the customer accepts implicitly our conditions of sale. Deflecting conditions of purchase of the customer does not engage the seller even if he does not disagree clearly. The conditions of sale, delivery and payment are valid even if the order of the customer includes other restrictions.

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3. Delivery

1. The dispatch of the ordered goods is carried out on account and risk of the customer. Transport insurances go to the debit of the customer and effect upon request.
2. The packaging is calculated on cost price.
3. At acts of God, the time of delivery and acceptance will be prolonged by the duration of hindrance plus additional delivery; claims for damages are excluded.
4. Images are not obligatory for the delivery. Modifications in construction are reserved.
5. Due to the fact that multi-pieces have to be produced at custom-made products, as some can be damaged, intact multi-pieces have to be taken by the customer.
6. At supply of chemicals, instructions given by the manufacturer as well as legal regulations have to be considered in case of utilization and transmission.
7. When ordering electrical equipment, the indication of the kind of current and voltage is required.
8. Specified delivery times are always after clarification of all open, technical questions.

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4. Prices and payment

1. The prices are without engagement and to be understood net, EXW plus VAT as well as costs of transport and packaging. Any necessary price changes reserved.
2. The invoice is issued on the day of delivery or on the day of disposal in case of delay of acceptance. The invoice amount is due 20 days net or in advance after issuing the invoice without any discount and consideration of complaints. Cash discounts are not planned in our calculation, therefore early payment does not authorize to discount.
3. On delay of payment, subject to the asserting of other damages, default interests of 2% above the discount rate of the European Central Bank have to be paid. If the customer is behind schedule with the payment of an invoice, all his liabilities are immediately due and the seller is not obligated to any other delivery from current contracts. The seller can demand cash payment before delivery of goods for outstanding deliveries. The same is valid in case of dishonour of drafts or cheques, suspension of payment, insolvency as well as enquiry of a comparison on the part of the seller. Delay of payment takes place if the receivables are due without requiring a reminder.
4. Restraint of payment or charging because of counterclaims of the buyer is only allowed when there are legal established counterclaims.

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5. Retention of title

1. The seller reserves the ownership of all his delivered goods (Reservation Commodity) until all his out-standing bills are paid.
2. The processing and the converting of Reservation Commodity is effecting under exclusion of the acquisition of property according §950 BGB (German Civil Code) so that the new affair belongs to the seller and is used as Reservation Commodity that ensures the claims of the seller.
3. In case of combination and connecting of goods by the buyer with other goods not belonging to the seller, the regulations of BGB §947 and §948 are valid with the consequence that the co-ownership of the seller at the new affair is Reservation Commodity in terms of these conditions.
4. The sale of the Reservation Commodity and the products emerging from the combination and connecting is only allowed in constant business connections. In case of charge sales, the buyer has to agree retention of title with the client according paragraph 5a). The buyer conveys the claims in advance in full height which are entitled from far sale as well as all other rights until all claims of the seller are met. This also concerns Reservation Commodity according paragraph 5b). Is the Reservation Commodity assembled in e.g. the property of another person the buyer conveys the first part of his claims in the height of the invoice amount of the seller for the Reservation Commodity to the seller. On demand of the seller the buyer is engaged to announce the conveyance of his customer and to inform the seller about making valid his rights against the customer as well as to hand out the necessary documents.
5. Pawning and chattel mortgage are forbidden to the buyer. The buyer is obligated to report to the seller access of third persons to goods delivered under retention of title, under remittance of a bailiff’s return as well as insurance in lieu of an oath over the identity of the seized article with the delivered goods. Intervention costs go on the account of the buyer.
6. The buyer is obligated to insure the goods against fire and theft as well as to prove the conclusion of the insurance on demand of the seller. All claims to the insurer from the contract regarding under retention of title delivered goods are considered to be conveyed.
7. The seller is entitled to demand prompt publishing of the goods not sold yet, in case of delayed payment and financial difficulties. Up to publishing the buyer has to store the goods standing under ownership or co-ownership of the seller, separately, to mark the ownership (co-ownership) of the seller, to abstain from each order and to assign the seller a list of his ownership (co-ownership). The seller is entitled to sell and to auction the goods without determining a time limit. The cancellation of the Reservation goods is effecting to the realized sales revenue but at least to agreed delivery prices. Large requirements on payment of damages particularly on lost benefits remain reserved.

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6. Notices of defect

1. Liability for failings is only adopted if the seller atones. Deviations for warranty assumptions apply only, if they are agreed upon.
2. The buyer has to carry out objection of quantity and character promptly at the latest within one week after the goods have arrived by a written announcement. Liability of the seller is abrogated in case of a not accurately timed notice of defect or through intervention or arbitrarily made inference at the commodity.
3. In case of qualified notices of defect the buyer has the right either to abolish the failings, to take back the goods under crediting the calculated amount, to compensate at no charge in an appropriate time or to credit the buyer for the reduction in value.
4. Further requirements from warranty for defects and claims for damages are impossible from any reason.
5. Failings of partial deliveries do not entitle to annul the whole order or other issued orders not settled yet.

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7. Reconsignments and repairs

1. Reconsignments have to be delivered to biostep GmbH, Service, Innere Gewerbestraße 7, 09235 Burkhardtsdorf/ Germany.
2. Returns due to incorrect orders will only be accepted by mutual agreement out of goodwill. The buyer bears the costs for the return shipment and a restocking fee of 25%.
3. Reconsignments can only be dealt with as long as nothing else has been agreed, if the shipment includes a decontamination note and a return release note indicating the RMA number. If the mentioned documents are missing, the consignment will not be accepted and will be remitted with costs. Unfranked goods will also not be accepted. In each case, the reconsignment takes place on risk of the buyer.
4. The buyer receives the RMA number on written request or by telephone at biostep GmbH, Innere Gewerbestraße 7, 09235 Burkhardtsdorf/ Germany. The announcement of the RMA number does not mean an acknowledgement of the defect or of the other complaints of the buyer.
5. Is a reconsignment rejected due to complaint that occurred wrongly, the seller is entitled to charge not only costs for dispatch but also an appropriate compensation for the verification of the goods as well as handling expenses.
6. Repairs of delivered devices and the inspection of them particularly because of granted warranties are only implemented by a complete description of the case of damage.
7. If an estimation of costs is required before the repair is executed, the costs of estimation have to be paid if the goods are not ordered.
8. Costs of dispatch and packaging are for the account of the buyer.

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8. Place of jurisdiction and execution

The head office of the seller is the place of execution and the only place of jurisdiction for deliveries and payments as well as for disputes including cheque complaints and actions on bills of exchange arising between the parties. The relation is subject to the rights of the Federal Republic of Germany under exclusion of the acquisition rights of the United Nations.

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9. Final clauses

Special agreements require the written form. This applies also for the renouncement of writing requirement. If one of the preceding regulations should be invalid, it does not influence the effectiveness of the contract or remaining regulations.

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