Terms of Sale
T E R M S O F S A L E
of BIOTREND Chemikalien GmbH
Eupener Str. 157
Please note that all products by BIOTREND Chemikalien GmbH are intended solely for research purposes and not for human use.
General terms of sale
1. With his order the buyer accepts our general terms of sale. Any deviations from our general terms of sale, in particular terms and conditions of the buyer, shall only apply if they have been confirmed by us in writing.
2. All prices are quoted in € (EURO) without Value Added Tax and without engagement. Prices may change according to the daily rate. The buyer shall be notified of any changes immediately. The conversion rate to US$ Dollar is fixed. 1,- € = 1,40 $
3. Unless otherwise agreed, our invoices shall be payable within 30 days net cash. In the case of default we shall be entitled to charge ordinary bank interest at least 3% over the relevant discount rate of the German Central Bank (Deutsche Bundesbank), but no lower than 8% p.a. Bills of exchange and cheques shall only be accepted as conditional payment. If the buyer defaults on payment of an invoice, all debts of the buyer towards us shall immediately become due. In this case we shall also be entitled to withold delivery of deliver further goods or to deliver them only against advance payment.
4. The delivery of radioactive substances is regulated by s. 77 of the German Radiation Protection Directive of 13.10.1976. Handling of such substances is subject in particular to sections 3 and 4 and annexes II, III, IV/IV 1. A copy of the handling permit prescribed in s. 3 shall be submitted to us with the first order. Copies of any changes or additions shall also be submitted to us.
5. Chemicals that are subject to the German Drug Law (BTMG) may only be delivered to institutions that send us an import permit from the German Health Department (Bundesgesundheitsamt) for the relevant product/quantity.
6. All delivery charges to be carried by to the buyer, the transport route shall be determined by us. For deliveries with dry ice we shall charge € 20. If the buyer should demand a specific transport route, e.g. for express deliveries, the buyer shall bear any additional costs incurred. All consignments shall travel at the buyer's risk and expense. We shall charge transport costs of € 120 for the transport of products marked as radioactive.
For orders under € 99 we shall charge a small-quantity surplus of € 10. Please enquire about special prices for large or special orders.
7. The buyer shall report obvious defects within 14 days of receipt of the goods in writing. If the complaints are justified we shall deliver a replacement or credit the customer at our discretion.
8. On principle, we shall neither exchange goods delivered by us nor shall we accept them back. Any return deliveries made without prior agreement between us and the buyer shall be returned to the sender at his risk and expense.
9. Claims for damages due to non-delivery or late delivery or due to possible defects of the delivery shall be ruled out unless evidence is provided that we were acting with specific intent.
10. We shall accept no responsibility for breakage and resulting consequences. If delivery was made impossible due to circumstances beyond our control or is no longer reasonable, we shall be exempt from our obligation to deliver.
11. The delivered goods shall remain our property until full payment of all liabilities arising out of the business relationship with the buyer. The buyer shall be entitled to re-sell the reserved goods in the due and proper course of business; but he shall not be permitted to pledge or transfer them by way of security. The buyer shall already assign debts from re-sale of the reserved goods to us; we hereby accept this advance assignment. Regardless of the assignment and our collection right, the buyer shall be entitled to collection on condition that he meets his obligations towards us and does not suffer a deterioration of assets.
On our demand the buyer shall provide the information on assigned debts necessary for collection and shall inform debtors of such an assignment. We shall release the securities due to us according to the above provisions at our discretion on the buyer's demand insofar as the value exceeds that of the secured debt by 20%.
The buyer shall immediately notify us of enforcement measures of third parties against the reserved goods or against the debts assigned in advance, submitting the necessary documents for an intervention.
12. Cologne shall be the place of performance. For fully qualified merchants, public legal entities and public special assets the legal venue shall solely be Cologne. This applies to claims resulting from cheques and bills of exchange.
Should any provision hereof be or become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision shall be reinterpreted to conform with the intended aim and object, where legally admissible.
13. Warranties: BIOTREND Chemikalien GmbH warrants that the products act according to the manufacturer's literature. If a product should act abnormally, for a reason other than abuse, it shall be replaced by us free of charge.
This is our sole warranty, i.e. we shall give no other warranty, be it express or implicit, including any guarantee of saleability or usability until a certain date or for a certain purpose.