General terms and conditions
of Science Services Beratungs- und Vertriebsgesellschaft für wissenschaftliche Laboreinrichtungen mbH
1.1 The following general terms and conditions ("T&Cs") shall apply to all sales, deliveries and offers - even future ones - of Science Services Beratungs- und Vertriebsgesellschaft für wissenschaftliche Laboreinrichtungen mbH (hereinafter referred to as "Science Services").
1.2 By the placing of an order, the customer accepts the following conditions. The present T&Cs shall apply exclusively, even where the customer's order contains other restrictions or amendments does not explicitly contradict the terms and conditions of Science Services.
1.3 The sales conditions shall only apply to entrepreneurs in the spirit of article 14 of the German Civil Code.
2 Offer, conclusion of contract and stipulations subject to change
2.1 Offers on the part of Science Services shall be considered open and non-binding with regard to type of completion, price, period of delivery and delivery possibilities.
2.2 By placing an order, the customer bindingly declares that he/she wishes to purchase the ordered goods. In this context, the amount stated by the customer within the order shall always refer to the number of requested packaging units and never to packaging contents. The same product might appear under various catalogue numbers. In this case, different numbers represent different packaging units.
2.3 Any confirmation of receipt of order mailed by Science Services after receiving an order and any possible status reports that might follow shall not be considered as acceptance of the order.
2.4 Science Services shall be entitled to accept the contractual offer included in the order within two weeks of receipt. In principle, Science Services does not accept contractual offers of orders under € 25.00 (excl. VAT).
2.5 Any contract of sale shall be concluded upon receipt of an unreserved, written order confirmation. Where an order has not yet been confirmed, shipping confirmation or delivery of goods ordered shall also be considered as order confirmation.
2.6 In exceptional cases, Science Services reserves itself the right that goods or their finish might show slight deviations customary in the trade from the specifications stated in the catalogues or offers.
3 Special provisions for the sale of chemicals
3.1 Orders for chemicals that include the following substances shall only be considered if the customer can prove that he or she is permitted to use such substances:
§ oxidising (O) and/or highly flammable (F+) chemicals or chemicals of the R category R40 , R62, R63 or R68,
§ potassium chlorate, potassium nitrate, potassium perchlorate, potassium permanganate, sodium chlorate, sodium nitrate, sodium perchlorate,
§ substances and preparations that produce hydrogen phosphide when used for their intended purposes, provided that these have not been categorised as toxic (T) or extremely toxic (T+),
§ pyrotechnical objects pursuant to Art. 4 (2) of the First Ordinance to the Explosives Act.
3.2 Orders for experimental sets pursuant to Art. 3 (4) 3 of the Chemicals Prohibition Ordinance shall only be considered if the customer is at least 18 years old
3.3 Orders for toxic and extremely toxic chemicals shall only be considered if the customer is a reseller, a professional user or a public research institute, investigative authority or educational establishment.
3.4 When placing an order for any type of chemical, the buyer hereby affirms that he or she is not a private individual. The customer also affirms with his or her order that he or she has fulfilled the aforementioned requirements. When placing their orders, resellers affirm that the substances shall only be handed over to private end consumers by competent persons.
3.5 When placing an order, the customer shall be obligated to present the required legitimation by completely and truthfully filling in the "customer data supplement sheet" provided by Science Services during the ordering process and, if required, to present written proof of these details. The customer shall be particularly obligated to give information about and provide proof of his or her own identity, authorised contacts, legally required qualifications and the purpose of use.
3.6 Should Science Services accrue any costs or suffer any damages, which otherwise would not have been the case, due to false information and/or proof provided by the customer, the customer shall be obligated to bear such costs and damages.
4.1 Goods shall be delivered at the prices agreed upon. Where a price was not explicitly agreed upon, the current price list of Science Services shall apply. In principle, we do not grant discounts unless explicitly agreed otherwise.
4.2 In principle, in the case of online orders on the Internet platform of Science Services, prices stated in the shopping basket of the website at the time of ordering shall apply. Deviating prices that might be found on websites loaded from buffer memories (browser cache, proxies) are not current and invalid. The contents of your shopping basket cannot be cached.
4.3 Should the customer order by phone or by letter from our catalogue of goods, the price list currently published shall apply exclusively unless otherwise agreed explicitly and in writing. The current price list is available upon request at any time. Subject to printing errors, price changes and errors.
4.4 Prices do not include packaging, transport and transport insurance, or any VAT that is due for the particular service. Should the customer require a VAT-exempt, intra-community delivery or a VAT-exempt export delivery, such a delivery is dependent upon the provision of the necessary legal documents. If these documents are not provided, Science Services shall reserve the right to refuse delivery of the goods or file claims for damages.
4.5 Packaging goods ready for dispatch and shipping of goods shall be carried out by Science Services. The customer shall bear packaging and shipping costs, including any costs for overnight or hazmat shipping, either necessary or required by the customer. Such costs vary depending on shipping method, payment method, weight and shipping destination. They will be listed separately and can be calculated upon request prior to ordering. On the invoice, packaging and shipping costs will be listed as a separate charge. The shipping method is chosen to the best of our judgement and within the framework of admissible possibilities.
4.6 In the event of partial deliveries, arranged for or offered by Science Services, subsequent deliveries shall be shipped free of charge. Should the customer specifically demand partial delivery, he/she shall additionally bear the agreed shipping costs for every part delivery.
4.7 In case of cross-border deliveries, any possible import duties shall be paid by the customer directly to the authorities in charge.
4.8 In the event of unforeseen price changes, in particular due to exchange fluctuations and price changes with regard to delivery or material costs, Science Services reserves the right to adapt their prices in a reasonable way.
4.9 Prices not issued by Science Services that sometimes appear on the Internet or in catalogues of the suppliers, shall not apply within the sales area of Science Services.
5 Delivery / Period of delivery / Default of acceptance
5.1 Should the customer pick up goods at the premises of Science Services or at any other place named by Science Services (warehouse, affiliated company), the risk of accidental loss or damage shall pass to the customer upon the handover of goods.
5.2 All goods are always shipped at buyer's risk. The risk shall pass to the buyer as soon as the goods have been handed over to the haulage company. In principle, the insurance taken out by Science Services covers the entire value of goods, unless the customer objects to the transport insurance in due time prior to the handover of goods to the shipping company.
5.3 Science Services always endeavours to process orders promptly. However, estimated delivery times are product and supplier dependent. Thus, Science Services shall be entitled to determine the estimated shipping date, mentioned in the written order confirmation, to be within a period of 4 weeks upon confirmation. The above mentioned shipping date is always subject to the punctual delivery of Science Services through their suppliers.
5.4 Any delivery dates stated otherwise, e.g. on our website, by phone or e-mail or in the confirmation of receipt, shall only be non-binding, estimated reference points.
5.5 Depending on the shipping method, goods are delivered within the usual delivery time from Germany, commencing on the determined shipping date. Should there be any delays with regard to the estimated shipping date after the confirmation, we will inform the customer hereof immediately.
5.6 Should the customer be in arrears or should there be breaches regarding any other duties to cooperate, Science Services is entitled to pass the costs for the thereby resulting damage onto the customer.
6 Payment and late payment
6.1 All payments shall be made without deductions within 30 days of the invoice date. Science Services shall be entitled to demand advance payment.
6.2 Should the customer effect payments without stating the corresponding invoice and customer number on the bank transfer form and should she/he not, in case of the payment of several invoices, also mention each invoice amount, Science Services shall be entitled to count the amount received against the customer's open liabilities, according to article 366, section 2 and 367, section 1 of the German Civil Code.
6.3 The customer will be charged for costs arising from reversing transaction payments for want of cover or due to data incorrectly transmitted by her/him.
6.4 Cheques are accepted only on account of performance and can be returned at any time.
6.5 In the event of payment in arrears, Science Services shall be entitled to charge interest in the amount of 8 percentage points above the basic rate of interest valid at the time.
6.6 Offsetting shall only be permitted in case of indisputable or legally determined counterclaims. The retention of payments on the part of the customer, due to counterclaims arising from other contractual relationships, shall be excluded.
7 Retention of title
7.1 Science Services reserves title to all goods delivered by Science Services, until the customer has completely fulfilled all obligations arising from the contractual relationship. Concerning merchants, we reserve title to all goods until such time as all obligations arising from the business relationship with the merchant have been met.
7.2 Should the customer be a merchant, he/she shall be obliged to fully assign, for security, all claims arising from resale or other legal basis with regard to the retained goods (including current account balance claims) to Science Services. Science Services revocably authorize the buyer/customer to collect payments for the claims assigned on his/her behalf and account. This collecting power can be revoked if the buyer/customer fails to properly comply with his payment obligations.
7.3 Upon request of the customer, Science Services undertakes to surrender securities to which it is entitled, insofar as the value of such securities exceeds by more than 20 per cent the value of the claims to be secured.
7.4 The customer shall be obliged to inform us without delay about interventions of third parties with regard to goods that are the property of Science Services or Science Services has joint ownership of. Any costs for third-party proceedings or for out-of-court surrenders arising from such interventions shall be borne by the customer.
8 Warranty / Liability
8.1 Warranty shall commence upon transfer of risk and shall comply with the statutory provisions, unless otherwise agreed below.
8.2 The period of limitation for warranty claims shall be one year. Science Services can either rectify defects by means of subsequent performance or by delivering faultless goods. Where this is impossible, the goods shall be taken back and the customer shall receive a full refund of the purchase price.
8.3 Obvious defects of goods shall be notified in writing without delay, but within three days of receipt of goods at the latest. Hidden defects shall be notified immediately upon discovery, but within 12 months upon receipt of goods at the latest. Where defects are not notified in due time, goods shall be considered as having been accepted.
9 Liability limitations
9.1 The following liability limitations shall not apply to damage resulting from intent or gross negligence and in case of injuries to life, health and body.
9.2 Regardless of their legal basis, claims for damages both against Science Services and their vicarious agents shall be limited to typical damage foreseeable by Science Services at the time of concluding the contract. Unless such damage was caused by breach of a cardinal duty, damages shall be limited to a tenfold of the order value at the most. In such event, any further reaching liability, in particular for loss of profit and consequential harm caused by a defect, shall be excluded.
10 Returning goods / Decontamination
10.1 In principle, the buyer assumes all risk of use for the ordered goods..
10.2 However, as a gesture of goodwill, in exceptional cases and only after having given its express consent by phone, Science Services is willing to release the customer from the contractual relationship and, if goods have already been delivered, to take back such goods for a full refund of the purchase price without shipping costs, provided the goods are undamaged and unopened and will be returned by the customer within one week of receipt, at customer's expense.
10.3 For cancellation, according to section 10.2 , a lump-sum of 10 percent of the value of goods will be due upon declaration of consent by Science Services.
10.4 Such consent, according to section 10.2 , is subject to a condition precedent, i.e. it only becomes effective upon payment of the lump-sum according to section 10.3 .
10.5 We shall not take back any products that require special storage, e.g. below room temperature. Custom-made goods of any kind shall only be taken back to some extent and only in exchange for a credit note. These provisions shall not apply if goods were returned due to a defective delivery.
10.6 All products returned to Science Services shall be decontaminated by the buyer, respectively by the last user, if they were in contact with potentially infectious or harmful material. The decontamination shall be confirmed by a signed decontamination certificate attached to the goods. For damage of any kind resulting from lack of decontamination, the buyer, respectively the last user shall be fully liable. Every owner shall be obliged to pass on this information if he/she sells a device or lets someone else use his/her device.
10.7 It is not possible to take back chemicals for the purpose of disposal.
11 Intended purpose / The customer's duties / Non-binding advice
11.1 In the case of substances that may only be used in accordance with statutory or governmental provisions, the customer declares, by ordering such substances, to use them for a legal purpose only. For some products, Science Services has to demand an end-use certificate from the customer, which excludes the illegal use of the corresponding products in case of purchasing or reselling them.
11.2 Statutory provisions and laboratory guidelines shall be complied with.
11.3 The products of Science Services are intended for research and laboratory purposes only. They are, however, absolutely not suitable for other purposes, in particular not for medical use. Therefore, the customer shall inform people who come into contact with the goods delivered, under the provisions of the law, about suitable uses. The customer shall be liable for any damage occurring to third parties due to a breach of this duty to provide explanations.
11.4 Science Services advises the customers to the best of our knowledge within the given possibilities. Such advice, however, is always non-binding. Customers are always solely responsible for handling their products and for making sure that the products are suitable for the intended purpose.
12 Assignment of claims
The customer shall not be entitled to assign any of his claims arising from the present agreement.
13 Data protection
13.1 At Science Services, customer data is stored and processed in compliance with the regulations of the Bundesdatenschutzgesetz (BDSG, English: German Federal Data Protection Act) and the Telemediengesetz (TMG, English: German Telemedia Act). Science Services promises to treat the customer data as confidential and that we will not forward it to third parties without the consent of the customers.
13.2 The customer shall also be obliged to treat as confidential all information she/he obtains from Science Services GmbH, manufacturers, suppliers and others and which could be considered confidential by those.
14 Place of fulfilment, legal venue, sales law
14.1 Place of fulfilment for all obligations of Science Services shall be Munich.
14.2 If the customer is a merchant or if she/he is not a resident of the European Union, the premises of Science Services shall be the exclusive legal venue for all litigations between the contracting parties, including actions on a bill of exchange and cheque claims.
14.3 The governing law shall be exclusively the law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
Science Services GmbH is connected to the so-called dual system of EKO-PUNKT GmbH (Customer ID: 2182695). For the Austrian area the Science Services GmbH is connected with the Altstoff Recycling Austria AG (license #98079).
Science Services does not take back sales packaging herself. [EKO-PUNKT GmbH is responsible for taking back and recycling sales packaging in Germany as part of the dual system.]
16 Final provisions
16.1 The present general terms and conditions contain all rights and obligations of the contracting parties.
16.2 Should one or more provisions of the present agreement be held invalid or unenforceable or become invalid or unenforceable after the conclusion of the agreement, the remaining provisions shall remain in full force and effect. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose intended by the contracting parties with the invalid or unenforceable provision. The above mentioned provisions shall apply where the present agreement turns out to be incomplete. Art. 139 of the German Civil Code shall not apply.
As of June, 2016.