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These general terms and conditions apply to all offers and deliveries
made by Peptide Specialty Laboratories GmbH (further mentioned
as PSL-GmbH). Exceptions and deviations are admissible with PSL-GmbH's
written approval only. Any conflicting terms and conditions shall
be renounced and voided.
Placing of orders
Orders may be placed by phone, telefax, e-mail, mail, or via
internet. Orders by telephone or internet must be confirmed in
writing and marked as "confirmation" or are accepted if a written
confirmation by e-mail, mail or telefax of PSL-GmbH is not rejected
by the customer within two working days.
PSL-GmbH's quotes and offers are valid subject to confirmation.
PSL-GmbH regards orders placed by e-mail, telefax or mail as binding.
Orders placed via internet are binding if an e-mail confirmation
by PSL-GmbH is not rejected by the customer within
one working day.
Prices
The applicable prices are those contained in the current price
list of PSL-GmbH which is published in the internet under http://www.peptid.de.
The current price list is valid from January 01, 2001.
Germany: Prices are net prices and do not include the
legally required value-added tax (VAT= Mehrwertsteuer) which is
charged in addition. The prices include shipping and handling
fees if mailed by standard carrier. Costs incurred for express
shipments, special delivery, foreign orders, etc. will be charged
to the customer separately. Dry ice shipments will be charged
in a lump sum fee of 100€.
European Community: Prices are net prices and if the customer
provides PSL-GmbH with a valid VAT-ID Number of his country all
invoices will be without additional taxes. If a VAT-ID Number
cannot be provided the invoice will be given subject to an additional
claim of taxes if they arise. The prices include shipping and
handling fees if mailed by standard carrier. Costs incurred for
express shipments, special delivery, foreign orders, etc. will
be charged to the customer separately. Dry ice shipments will
be charged in a lump sum fee of 100 €.
All other countries: Shipping costs outside the European
community are charged to the customer and listed on the invoice
separately. Taxes or tolls have to be paid by the customer directly
to the state authorities. Dry ice shipments will be charged in
a lump sum fee of 100 €.
Terms of payment
PSL-GmbH's invoices are payable in full within 20 days of date
of invoice. If not paid in due time PSL-GmbH is allowed to charge
interest starting from the due date of the invoice according to
German law.
Terms of delivery
The merchandise will be shipped as quickly as possible, if necessary
split up into partial shipments. The merchandise will be shipped
at the buyer's risk. The risk is transferred to the buyer when
the merchandise leaves PSL-GmbH, even if forwarded to the customer
at no charge. If PSL-GmbH becomes unable to meet contractual obligations
due to events beyond PSL-GmbH's power and control, in particular
intervention by government authorities, social unrest, transport
delays, strikes, lock-outs, transport or loading difficulties,
rationing or scarcity of raw materials or unforeseen inability
of suppliers to provide parts or materials, PSL-GmbH is freed
of these contractual obligations for as long as such disturbances
impede their fulfilment. In such cases the buyer may not derive
any rights or claims from PSL-GmbH's failure to deliver at all
or on time. If disturbance of this type should prevail more than
3 months, then both, the buyer and the seller have the right to
withdraw from the purchase agreement completely or partially.
Guarantee / Warranty / Notice of defects
PSL-GmbH's products are intended exclusively for analytical and
research purposes. The supplied information on purity, attributes
and applications has been prepared by PSL-GmbH with the utmost
care and conscientiousness; however, it is only intended to characterize
and describe the products. No attributes are guaranteed by us
unless explicitly done so in writing.
All product packs contain a label with an ID-number, which allows
instant identification of the lot of each product.
Complaints must be submitted in writing by naming the product
description, the ID-number and the invoice number. The customer
must advise PSL-GmbH of any product defects within 8 days after
receipt of the merchandise.
In the case of genuine defects or shortcomings, PSL-GmbH's liability
is limited to delivery of new merchandise. If the new delivery
fails to remedy the problem, then the customer is entitled to
either reduce the amount paid for the merchandise or withdraw
from the purchase agreement. Any and all liability above and beyond
this is excluded - in particular for consequential and indirect
damage, injury and losses except in case of gross negligence;
in no case, however, does PSL-GmbH's liability extend beyond the
potential damage, injury or losses that are foreseeable at the
point in time at which the purchase agreement is concluded.
Reservation of ownership
The merchandise shall remain PSL-GmbH's property until all rights,
claims and demands held by PSL-GmbH against the buyer, upon any
legal grounds whatsoever, have been resolved. The buyer is entitled
to use the merchandise within the context of the buyer's normal
business activities. Even if the product is sold to a third party
or processed into new things the title retention by PSL-GmbH is
not affected.
No rights of retention or lien on property owned by PSL-GmbH
are admissable. No rights or claims may be set against the claims
held by PSL-GmbH unless the former are indisputed or have been
confirmed by a court of law.
General
If individual clauses of these conditions of sale and delivery
should prove to be null and void, this shall not affect the validity
of the rest of the conditions. In this case a clause that meets
the legal requirements and reflects the contents of the invalid
clause as closely as possible shall be substituted for the invalid
clause.
Place of fulfilment/Legal domicile
The place of the fulfilment shall be Heidelberg, Germany. Any
disputes shall be referred to the jurisdiction of the courts of
Heidelberg.
Liability and use
PSL-GmbH's products are not intended to be used as medications
or as diagnostic aids. They may be used only as raw materials
for manufacturing purposes or research and scientific applications.
The customer is responsible for determining whether or not a given
product is suitable for use intended by the customer. PSL-GmbH
disclaims all liability for losses, damage to property or injury
to persons caused as a consequence of improper handling and/or
storage of the product. In order to purchase and receive PSL-GmbH's
products, customers must be authorized to handle these products
in accordance with the laws and regulations of the country to
which they are shipped.
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