General Sales Terms and Conditions
1. Validity
These General Sales Terms and Conditions (GSTC) are applicable to all our sales. Any divergence in their respect shall only be valid if agreed upon in writing.
2. Disclaimer of Liability
Every effort is made to provide accurate and complete information. However, we cannot guarantee that there will be no errors. HTS Biochemie - Innovationen GmbH (hereafter "the Seller") makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of its website www.hts-biochemie.de and expressly disclaims liability for errors and omissions in its contents.
3. Quality Control
Substances ("sample", "compound") offered by Seller (on behalf of the MDPI Sustainability Foundation) are not quality-controlled, unless duly mentioned. Samples are intended for R&D purposes only and must always be handled by qualified personnel. Due to the nature of the compounds (rareness, uniqueness), MSDS are usually not available. If requested, analytical data or spectra (1H-NMR, etc.) can be made available by Seller after placement of an order. A written price estimate will be submitted for approval to the customer.
4. Patents
The goods offered by the Seller have not been examined as to any patent right of manufacturers applicable thereto. Consequently, the Buyer shall be fully responsible for complying with any patent rights valid in his country.
5. Quotes
Our quotes are made without any liability and subject to the following terms and conditions as stated in the paragraphs 1 to 4 and 6 to 9.
6. Prices
Billing invariably takes place at the prices and currency confirmed by the Seller. The latter hereby reserves price changes in respect of follow-up orders. Goods shall be supplied in standard packages unless otherwise agreed in writing. Prices for the compounds are Ex-Works and issued in Euros (EUR) or US Dollars (USD). Unless otherwise stipulated in writing, prices include handling costs. Not included in the prices are shipment fees, customs, duties and other not specified costs or taxes.
7. Payments
Payments must be made in the same currency as billed. Unless otherwise stipulated, invoices are due for payment within 30 days from the date of invoice. The invoiced amount must be paid net, without any deductions. Bank fees must be paid by the Buyer. For some countries and in certain circumstances, pre-payment may be requested. The Seller shall continue to hold the right of ownership with respect to goods supplied until the date on which full payment has been received.
8. Delivery and Delivery Dates
Delivery shall take place on conditions based on the International Commercial Terms (INCO Terms) 2010. The Seller shall endeavour to deliver goods in due time; nonetheless, the delivery times indicated shall not bind the Seller. Failure to meet a delivery time shall not give the Buyer the right of refusal to take delivery of such goods or to claim any damages. Unforeseen circumstances (i.e. fortuitous events which are both unforeseeable and avoidable, such as strikes, lockouts, any measures whatsoever taken by authorities, etc.) in the countries of manufacturing, transit and destination shall release the Seller from its supply commitments.
9. Shipment Conditions
Unless otherwise stipulated in writing, the Seller shall select the most suitable type of transportation. However, should the Buyer give special shipping instructions, any ensuing excess costs shall be paid by the Buyer. Customs, duties, import/export taxes must always be paid by the Buyer. Any loss, destruction or damage caused to the goods sold during transportation or at the Buyer’s domicile shall not release him from meeting payment terms.
10. Complaints
Immediately after receipt, the Buyer has to inspect goods and to notify the carrier or transportation agent within 8 days after such receipt of any defects or losses discovered, mailing copy thereof to the Seller. In all such instances, the burden of proof for any defects or damages so alleged is incumbent on the Buyer. Complaints about any shipment shall neither preclude its acceptance nor abolish the respective payment commitment.
11. Confidentiality
The Seller agrees not to disclose to third parties personal information submitted to it. These are confidential and are only used by the Seller’s internal services for order processing and to customize and enhance communication and to offer related products and services. In accordance with the Data Protection Law, every person has a right of access, rectification and opposition to their personal data.
12. Transmitting to a Third Party
The Seller cannot be made responsible in case the Buyer resells, releases or exports the goods to the USA and Canada.
13. Changes of Terms and Conditions
The Seller reserves the right to adapt or modify at any time these terms, the new GSTC will, where appropriate, apply only to sales made after such amendment.
14. Applicable Law, Place of Jurisdiction and of Performance
Place of jurisdiction and of performance applicable law is Germany. Place of jurisdiction and place of performance shall be Hamburg (Germany).
This policy was updated on 2014-12-01
If there are any questions regarding these GSTC, please contact: info@hts-biochemie.de
HTS Biochemie-Innovationen GmbH
Hindenburgstr. 85
22297 Hamburg Germany
Phone: +49 40 84308823
E-mail: info@hts-biochemie.de
