Conditions générales de vente
Products from EUROIMMUN AG will be delivered according to the following conditions, as long as no other conditions have been agreed in writing. On issuing an order, the buyer acknowledges the delivery conditions. EUROIMMUN does not accept the sales conditions of the buyer, even when EUROIMMUN has not expressly contradicted them. Contract terms are valid for all future business connection even if they have not been expressly agreed upon again.
Orders: Orders to EUROIMMUN can be made in writing (including electronic communication) or verbally. Verbally issued orders first become legally binding for EUROIMMUN with a written confirmation from the orderer or with the delivery of goods.
Delivery: EUROIMMUN generally delivers to end users within 7 days of order receipt and to distributors within 14 days, but is not tied to any definite delivery period. If a delivery is not possible through unforseeable circumstances (e.g., factory disruptions, raw material delivery delays, transport difficulties, strikes), the delivery obligation does not apply. EUROIMMUN reserves the right to deliver in part. The delivery obligation of EUROIMMUN AG ceases as long as the customer is in arrears. EUROIMMUN chooses the packing and dispatching method at its own discretion, according to the respective requirements.
Product characteristics: The delivered products comply with specifications given in the product catalogue, on the product itself, or in the supplied information sheets. If specifications are inconsistent, the labels on the product itself and the details in the information sheet provided with the product apply. After the given expiration date has passed, the test reagents must not be used.
EUROIMMUN products must only be used for the intended purpose. It is the buyer’s responsibility to check the functional capability immediately on receipt of the product as well as on every day of usage. In particular, the functioning of test reagents can be perturbed through causes outside the direct influence of the maunfacturer, for example, through suboptimal transportation, incorrect storage, or incorrect usage. When test reagents delivered from EUROIMMUN are used, the user must supervise the analysis with appropriate proficiency.
Warranty and liability: If nothing else has been agreed upon in writing, all risks pass to the buyer as soon as the goods have been delivered to the carrier or has left EUROIMMUN AG premises for dispatch. With notification of dispatch by EUROIMMUN the risk passes to the buyer if the delivery is postponed or delayed by request of the buyer. On receipt of the goods, the buyer has one working day to check if they are in accordance with the nature and quantity of the agreement and if the goods are free from visible defects. If any complaints arise from this inspection, they should be communicated to EUROIMMUN AG in writing within 2 working days. Hidden defects or functional faults that were not identifiable with the initial inspection and are later discovered should be communicated to EUROIMMUN AG in writing within 14 days of receipt of the goods. If no complaints are received within the stipulated period, it is assumed that the goods are of appropriate quality and quantity for the customer. Complaints do not release the buyer from payment obligation.
With prompt and reasonable complaints on the grounds of product defects or the delivery of something other than the ordered goods, EUROIMMUN is obliged to exchange or amend the goods within 14 days or to withdraw or reimbourse the payment, as it chooses. If the defect is not corrected in spite of delivery of a replacement or an amended product, the buyer can demand that the sale is cancelled.
If defects are promptly reclaimed, EUROIMMUN has the choice between a further delivery or an appropriate credit note. Further compensatory claims from the buyer are excluded, as long as EUROIMMUN has not violated its contractual or legal obligations through outright negligence or by intention. In such cases EUROIMMUN provides compensation of up to a maximum of 20 times the price of one packet (test kit) of the defective product. EUROIMMUN takes no responsibility for any damage resulting from faulty goods.
Prices: Prices from the official EUROIMMUN pricelist in the country of the buyer are applicable. Invoices are provided in the agreed currency. Prices are “ex works”. Costs for packing and freight as well as for cooling during transport are added on. Statutory value added tax is not included in the list prices.
Payment terms: Payment obligations in countries of export must be settled within 30 days after recieving the goods. No cash discounts will be given unless agreed in writing. Payments by cash transfer or check are valid from the timepoint that the invoice amount is credited to a EUROIMMUN AG bank account. In cases of payment arrears, EUROIMMUN reserves the right to charge compensatory interest of 10% p.a., applicable from the settlement date, without any further notice. In special cases EUROIMMUN can arrange alternative payment periods or demand advance payments. EUROIMMUN’s demands resulting from an order cannot be offset by the customer through counter demands.
Ownership rights: The delivered goods remain the property of EUROIMMUN AG until full payment. Selling on of EUROIMMUN products is only permitted for companys who are authorized in writing from EUROIMMUN to do so. Software received from EUROIMMUN should not be passed on to third parties without written permission from EUROIMMUN AG.
Consultation: Advice from EUROIMMUN AG, although provided to the best knowledge, is nevertheless not binding. No liability claims can ensue from erroneous advice.
Applicable law, place of jurisdiction, ineffective regulations: The contract conditions are subject to the laws of the Federal Republic of Germany. The United Nations Conventions on Contracts for the International Sale of Goods does not apply. The place of jurisdiction and fulfilment is Luebeck. If any provision of these general delivery conditions will be held invalid or unenforcable, this general delivery condition will not be rendered invalid as a whole, and the provisions will be changed and interpreted so as best to accomplish the objective of the unenforcable or invalid provision.