These terms apply to all shipments unless specified prior in writing. Not responding to contract terms on the part of the buyer does not indicate their acceptance.
(1) Quotes and Agreement.
Our quotes are non-binding and subject to technical feasibility. If technically feasible, orders will be confirmed by fax or email. An agreement has been executed once the order has been confirmed or delivered. If the shipping address is different from the billing address, the buyer is considered the party to the agreement. Items produced per customer order must not be returned. Delayed shipments are not a cause for cancelling the agreement.
(2) Ordering Process.
Orders may be placed in writing by letter, by fax, via our oligoshop (www.tib-molbiol.com) or by email. We cannot accept verbal or telephone orders. If an order is confirmed in writing by letter, it should be clearly indicated in the letter that the order has already been placed by different means. Orders which are sent in duplicate by mistake will be filled and invoiced in duplicate. Items ordered by mistake can only be cancelled if production has not started yet. For an order cancellation or changes to an order to become effective, they must be confirmed by us in writing (fax, email). Orders for the synthesis of oligonucleotides without detailed specifications will be produced using a smallest standard scale (DNA synthesis: 5 nmol, LightCycler® probes: 1 nmol).
Prices are net prices include packaging but not shipping costs. The German VAT is added to the net prices (Germany and Europe unless a valid VAT number is provided). A flat shipping and handling fee will be added to all orders. Bank charges, customs fees and import taxes are customer's responsibility (Incoterms 2010 CPT or FCA).
Orders will be delivered as quickly as possible. Partial deliveries are acceptable; each partial delivery is considered a separate business transaction. Upon delivery of the products to the carrier, the risk transfers to the customer. All delivery dates are approximate. We cannot guarantee carrier's delivery dates; if severe delivery delays caused by the courier service can be documented, we may credit the transport charges.
(5) Use of our Products.
Our synthesis products have not been tested for use in diagnostics or as medication. Products are intended for research use only unless expressly marked as IVD diagnostics products. Our products are manufactured using processes for which we are licensed. Use of our products, including, but not limited to use in diagnostics or for commercial purposes, may infringe on property rights of third parties. The resale of our product requires a prior written agreement.
Customer must notify us in writing of any defects within 7 days after these defects were noticed. We reserve the right to make two attempts to correct the defect or deliver a new product. In all cases, the right to submit a claim expires two months after receipt of the products. We are not liable for damages caused by improper use of our products or by their use for purposes other than those for which they are intended. We are not liable for consequential damages including, but not limited to a defective sequence or deviations from the described property of a product unless there is gross negligence.
(7) Invoicing, Payment Terms.
Invoices are payable within 20 days net without discount. Payments are recognized as received only to the extent the funds are freely available to us at a bank. In case of late payments, we reserve the right to charge late-payment interest, or a standard late-payment fee. No discounts may be taken and no invoice payments may be withheld, even in case of complaints.
(8) Sequence Designs.
Sequences that we have designed free of charge are considered our intellectual property and may under no conditions be used for commercial purposes (e.g. kits). If designed sequences are included in patents our company must be registered as co-inventor (without our contribution for patent fees). Designed sequences may not be conveyed to a third party prior to publication and not be ordered from other sources.
(9) Purchasers of dual-use products.
(detection of pathogens list see https://australiagroup.net/en/human_animal_pathogens.html) are reported to the German Authorities (BAFA). Value restrictions. Purchase may require a signed END-USE certificate.
Declaration of Origin.
The country of origin of the products referred to in the commercial invoice (overleaf) is Germany.
Quality Management System.
Our development and production are certified under ISO 9001 and ISO 13485.