General Conditions of Sales
State as of February 2017
- The following conditions apply to all sales and deliveries insofar as other conditions have not been agreed upon in writing. The business conditions of the customer are only applicable insofar as BioGenes has given its approval in this respect.
- The offers are based on availability. Contracts only arise as a result of confirmation of order or delivery. We reserve the right to make slight alterations regarding package sizes, properties and quality. Delivery times are only approximate insofar as they have not been otherwise designated as binding in writing.
- Those packages listed in the respective price lists can be delivered. Special sizes and their delivery conditions must be agreed upon in writing. BioGenes is entitled to make partial deliveries. A separate invoice can be issued for every partial delivery.
- We are absolved from our duty to deliver in case of force majeure, disruptions in operation, strikes or other disorders beyond the control of BioGenes or their suppliers for the duration of the disruption or its effects.
- Shipment or dispatch is made at the discretion of BioGenes. Deliveries are dispatched from Berlin. Additional costs due to special dispatch requirements of the customer are charged to the customer.
- The risk is borne by the customer as soon as the wares have been handed over to the transportation company.
- The prices include packaging costs, however, statutory value added tax (VAT) is not included in the prices. Dispatch costs are charged to the customer insofar as other stipulations have not been made in writing. If BioGenes generally raises or lowers prices after a period of four months after the order has been made or after confirmation of the order, then that price applies which is valid on the day of delivery. The publication of this catalogue replaces and invalidates all previous price lists.
- Invoices are payable net within 30 days from the day of issue insofar as it has not been otherwise agreed in writing. Payment is regarded as having been made when the funds are at the disposal of BioGenes with a bank. Discount, expenses and bank charges are payable by the customer. In case of late payment, BioGenes without sending a reminder calculates interest due at a rate of 5% above the discount rate of the Federal German Central Bank. BioGenes is entitled at any time to demand security provision by the customer. The customer may only contest the claims of BioGenes with undisputed or legally binding counter-claims. The customer, in particular, is not entitled to withhold or to reduce the payment of the invoice amounts due as a result of complaints about the wares.
- The delivered products remain the property of BioGenes until the customer has paid all demands resulting from the business relationship. The proviso wares may not be pawned, pledged nor provided as security. Insofar as the customer sells the proviso wares, he is required to relinquish his claims resulting from the sale in favour of BioGenes beforehand. If BioGenes considers its claims endangered, the customer is required to ensure the return of the proviso wares on demand or that he informs the purchasers about relinquishing his claims and to return all necessary documents. The return of the proviso wares does not constitute cancellation of the contract.
- BioGenes guarantees a constant high quality of its products. Deficiencies in the delivered wares or false deliveries are to be notified in writing eight days after receipt of the wares at the latest and, in the case of hidden deficiencies, immediately after their discovery. If this deadline is exceeded or if the wares are inappropriately stored, handled or processed, all deficiency claims are void. The right to recourse expires six months after receipt of the wares in every case. In case of justified complaints, missing amounts are delivered or the wares taken back, exchanged or the customer granted an appropriate price reduction at the discretion of BioGenes. If a replacement delivery also shows deficiencies, the customer is entitled to return the wares or to demand a price reduction.
- The products delivered by BioGenes are for laboratory use only. The delivered wares may not be used for human or veterinary medicine, in the food and consumables industry, cosmetics etc. which involve a direct or indirect administration of these products to man or animal insofar as this is not clearly indicated in written form.
- BioGenes is only liable for properties assured in writing. Liability claims are only justified when damage is deliberately caused or due to gross negligence by BioGenes or its helpers or where essential contract duties have been violated. The liability of BioGenes is limited to the predictable damage resulting from this error. Liability claims are otherwise excluded. BioGenes is not liable for damage arising from inappropriate use or storage of its products.
- BioGenes does not accept the liability for delivered materials by the customer (antigens, antibodies, peptides, proteins and chemical reagents). BioGenes is also not responsible for materials which are ordered for the customer by another supplier.
- BioGenes has the right to decide about the usage of the suitable scientific and technical methods for processing of the materials to realise the customer requirements, unless there is another agreement in writing.
- The legal jurisdiction for deliveries and payment is Berlin, Germany. German law applies.
Additional Conditions for Customer-Specific Services
The general sales and delivery conditions of BioGenes GmbH apply.
Furthermore, the following apply:
- The antibodies, antisera etc. and carriers coated with them, with the exception of chromatographic media, are the property of the customer after fulfilment of the contract. No information is provided to third parties regarding their nature, composition and use. The use of these products by BioGenes can only result with the expressed permission of the customer. The antigens provided remain the property of the customer in all cases.
- The required products are delivered together with documentation by courier. This documentation includes an immunisation protocol in accordance with the service ordered and a product description.
- The customer provides the necessary amount of the antigen after signing the contract or otherwise in accordance with another agreement made. If no consultation has been made regarding the carrier in the case of delivery of peptides, BioGenes is entitled to use a carrier of its choice for conjugation. The customer must provide BioGenes with information on the order form regarding concentration of the antigen, buffer, stabilisers etc. Infectious antigens as well as antigens known to be hazardous to man and animal are not accepted.
- Immunisation is performed in accordance with the BioGenes protocol. This protocol can be adapted to the wishes of the customer after consultation. All antisera are tested for reaction with the respective antigen for quality control purposes. It must be expressly pointed out that no liability is accepted for the ability of a peptide antibody to be used for protein determinations. The customer bears the risk regarding the peptide sequence selected.
- If it is agreed to purify the polyclonal antisera then, if not otherwise specified, the total amount of antiserum is purified. In this case, only the specified purified product is delivered as well as a sample of the antiserum after consultation with the customer. If affinity chromatographic purification is agreed upon, then the carrier material of our own manufacture is only kept at the expressed wish of the customer. The carrier remains the property of BioGenes.
- The experiments are performed by experienced specialists with extreme care and in accordance with legal requirements. If experimental animals are injured during the performance of the experiment without providing the agreed amount of antibody or antiserum or if the results of previous experiments are not reproducible, then the risk is borne by the customer.