Conditions of Use
1. Definition of Terms
The following terms and conditions apply to every order received by Noxygen Science Transfer & Diagnostics GmbH and every delivery of goods. This holds as well in case of contradictory buying conditions of the purchaser. Exceptions are only valid when confirmed by Noxygen Science Transfer & Diagnostics GmbH in writing. Purchase orders are only binding if confirmed by Noxygen Science Transfer & Diagnostics GmbH in writing.
Deliveries are due and payable, net, within 14 days of invoice date or in advance. Deductions are not allowed. Foreign deliveries must be paid by irrevocable letter of credit or in advance. All bank and transfer fees must be paid by the customer.
After expiry of the 14-day period, Noxygen Science Transfer & Diagnostics GmbH is entitled to claim the statutory interest rates of ten percent above the base rate of the European Central Bank, unless Noxygen Science Transfer & Diagnostics GmbH proves a higher damage.
Payments are due irrespective of an eventual notice of defect, except such defects are evidently justified.
Delivery dates are not binding unless expressly stated in the contract as binding dates. Delay in delivery requires a written reminder and an adequate additional grace period set by the customer. Noxygen Science Transfer & Diagnostics GmbH is only liable for claims for damages under the requirements of no. 6.
Condition for any warranty claim is the immediate inspection of the goods upon delivery, and complaint towards and damage assessment together with the carrier, and an immediate written complaint to Noxygen Science Transfer & Diagnostics GmbH . The complaint must be made within five workdays in case of visible defects or losses.
5. Risk Liability
Delivery is made at the customer's own risk. As soon as the goods leave Noxygen Science Transfer & Diagnostics GmbH 's plant the risk of accidental loss, destruction or deterioration passes to the customer.
6. Warranty and Damages
The warranty for osmometers and liquid chromatography instruments is limited to one year, excluding glass breakage, damages due to stoppage and consumable materials such as membranes, light bulbs, columns, bushings, gaskets and valves. Noxygen Science Transfer & Diagnostics GmbH 's liability shall be restricted to the replacement of defective material or repair only, unless special characteristics or specifications of the contract goods have been explicitely guaranteed and assured. Such guarantee or assurance, however, is binding only, if made in writing. Transportation costs are borne by the customer. In case of failure of replacement or repair the customer may demand a reduction in price or cancellation of the contract with respect to the defective material. The customer has to inspect the goods delivered immediately and shall immediately give written notification of any defects to Noxygen Science Transfer & Diagnostics GmbH , in case of non-obvious defects within 10 working days after delivery at the very latest.
2. Claims for damages
Unless specific properties or characteristics of the contract goods have been explicitely guaranteed or assured in writing, the liability of Noxygen Science Transfer & Diagnostics GmbH shall be restricted to intentional acts and acts of gross negligence and compensation shall only be due for direct, foreseeable damages, unless the written guarantee or assurance of properties or characteristics was intended to avoid consequential harm suffered by the purchaser. Liability for breach of a material, essential duty of the contract, liability because of personal injury and liability according to the stipulations of the German Law on Product Liability remain unaffected.
7. Property Rights
The ownership of the goods shall remain with Noxygen Science Transfer & Diagnostics GmbH until payment in full for all our claims resulting from our business relation is received. In case of improper treatment of the goods or in case of default Noxygen Science Transfer & Diagnostics GmbH may demand the return of the delivered goods. This demand entails resignation of the contract only if Noxygen Science Transfer & Diagnostics GmbH declares it explicitly. Resellers are allowed to sell the goods to third parties in due course of the business. The customer herewith assigns his resale claims against third parties to Noxygen Science Transfer & Diagnostics GmbH .
Instruments and products delivered by Noxygen Science Transfer & Diagnostics GmbH may not be exported to a country other than of the customer's headquarters without Noxygen Science Transfer & Diagnostics GmbH 's prior written permission.
9. Place of Settlement and Court of Jurisdiction
The place of performance is Freiburg im Breisgau. Proper venue for all claims is the competent local court at Noxygen Science Transfer & Diagnostics GmbH 's principal place of business. Noxygen Science Transfer & Diagnostics GmbH reserves the right to sue the customer at his principal place of business. This agreement shall be governed by the laws of the Federal Republic of Germany excluding the UN-Convention on the International Sale of Goods (CISG).
10. Copyright Information
Permission to use, copy and distribute documents delivered from this World Wide Web server and related graphics is not granted without prior written permission of Noxygen Science Transfer & Diagnostics GmbH. To obtain this permission send an e-mail to firstname.lastname@example.org.
In cases where permission is granted, it is done so under the provison that the above copyright notice appears in all copies and that both the copyright notice and this permission notice appear. All other rights are reserved.
The information and data included in "noxygen.de" have been compiled by Noxygen Science Transfer & Diagnostics GmbH from a variety of sources, and are subject to change without notice from Noxygen Science Transfer & Diagnostics GmbH. Noxygen Science Transfer & Diagnostics GmbH makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of this information and data.
11. References and Links
Noxygen Science Transfer & Diagnostics GmbH hereby declares that it takes no responsibility whatsoever for the functionality of links to pages on other Web servers nor for the content of such pages, particularly in respect to illegal information. The user himself is solely responsible for any effects or consequences when activating such links. Noxygen Science Transfer & Diagnostics GmbH has no influence on the content of the linked pages that have been changed after the links were proofed and set. The provider of the linked pages bears the sole responsibility for illegal, erroneous or incomplete content and, in particular, for damages that result from the use or non-use of information of this type provided.