Terms and conditions

Terms and conditions

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1. Offers, sales and deliveries of NH DyeAGNOSTICS are made exclusively on the basis of the following terms and conditions.  These conditions are part of contracts with our customers. Deviation from customer terms and conditions require our written consent.  However, individual contractual agreements shall remain unaffected.  The buyer shall not attempt to abrogate or modify of any of the terms and conditions included in this document.

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2. At the time of the order placement list prices are valid.  Unless otherwise agreed, payment in full is due within 30 days of the invoice date. If the customer has defaulted on a payment, we are entitled to charge interest from the start of default at the legal interest rate.  We reserve the right to claim damages from the customer for any losses we sustain resulting from late/non-payment.  Furthermore, if the customer has a payment in default we reserve the right to withdraw from the contract in accordance with statutory regulations.

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3. Insurance, transportation and packaging costs are borne by the recipient and will be stated separately in the invoice.  The risk is passed to the customer at the latest on dispatch of the goods to the customer, given that the customer is not a consumer.

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4. For a delivery to customers, not consumers, (in the sense of German Civil Code — § 13 BGB) goods must be inspected upon receipt and all claims of shortages/damages must be made by the buyer to the seller  immediately, stating the date of order, the invoice number and batch number. Otherwise the goods shall be deemed approved.  For deliveries to consumers in the sense of § 13 BGB legal regulations remain.

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5.  For deliveries to customers who are not consumers in the sense of § 13 BGB, warranty claims expire 12 months after the start of the statutory limitation period. Warranty claims are excluded, if the purchaser or a third party changes or repairs purchased goods or handled the goods improperly, or if unapproved supplies are used and lead to the alleged defect in the above-mentioned circumstances.  For contracts with consumers in the sense of § 13 BGB, legal regulations remain.

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6. Our liability for damages from contractual, quasi-contractual, tortuous or other legal reasons determined as follows: in cases of intentional or grossly negligent conduct by us, our representatives or our agents, we are liable under the law.  In addition, we are only liable under the Product Liability Act for injuries to life, limb, or health or to the extent we have fraudulently concealed a defect or given a guarantee for the quality of the delivered goods, as well as for typical contractual foreseeable damage due to culpable breach of essential contractual obligations.  Essential contractual obligations are those whose fulfillment enables the proper execution in the first, and on whose may rely on their compliance with the contractor.  Our liability for damages for breach of fundamental contractual obligations is limited to the typically foreseeable damage.

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7. The goods delivered by us remain the property of NH DyeAGNOSTICS until payment has been made in full.

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8. Returns of delivered goods under contract requires our prior consent. Refrigerated or frozen products are excluded from return.  Returns will incur a 10% charge of the product value.

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9. The jurisdiction for all disputes with the customer is Halle, Saale (Germany).

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10. Contracts with our customers are exclusively subject to the laws of the Federal Republic of Germany, even if the customer is resident in another country.

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11. Should any of the provisions or paragraphs herein become invalid, the validity of the remaining provisions shall remain unaffected.  Ineffective regulations are then replaced by legal regulations.

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NH DyeAGNOSTICS GmbH

01/2011

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