Terms & Conditions

1. General details

The following Supply and Payment Terms apply to all business relationships with our customers. The buyer recognises them as binding conditions of the present contract. Any other agreement requires written confirmation by us. No purchasing terms are imposed on the part of the buyer. Such terms shall not become part of this contract either by tacit acceptance or by virtue of the supply of goods by us.

2. Quotation and supply

2.1 Our quotations are provided without obligation.

2.2 Execution of the order takes place according to the models, illustrations, descriptions in printed publications and other sales documentation. If changes are made to the products in the course of continuous development after the contract is concluded, the seller may supply the technically modified version. In such cases, the seller shall be entitled to make changes to illustrations/descriptions, colours, and dimension, weight, quality and other details provided they are reasonable for the buyer taking account of the interests of both parties.

2.3 Elapse of the delivery period shall be interrupted without further notice if the completion or despatch of the product is delayed by circumstances for which the buyer is responsible or by other unforeseen hindrances. In addition to force majeure, such hindrances shall include: employment disputes, shortages of staff, energy or materials, transport disruptions, interruptions in the delivery of raw materials, business disruptions resulting from flood, fire, machine breakdown, public authority orders and other circumstances regardless of whether they occur at the premises of the seller or its suppliers. Delivery shall have been made on time if the goods are despatched or the buyer notified that they are ready for collection before expiry of the deadline.

2.4 The seller shall be entitled to make partial deliveries and demand separate payment for them.

2.5 If the buyer is in arrears with the payment for a previous delivery, we shall be entitled to hold back further deliveries without being liable for compensation for any losses arising.

2.6 The minimum order value is €50.00. If the value of an order is less than that figure, a minimum quantity surcharge is applied.

3. Despatch and acceptance

3.1 Where the buyer does not issue written instructions in time, the seller shall choose the shipping method and category taking account of the due care applicable in normal commercial transactions. No liability is accepted for shipping via the cheapest and quickest method.

3.2 The buyer shall be responsible for the following inspection, acceptance and complaints duties: The goods are to be examined on receipt. If there is externally identifiable damage or loss, the buyer must require the carrier to make a record of the facts and notify the seller without delay. Other obvious deficiencies (defects, incorrect deliveries and missing items) are to be reported in writing to the seller within one week of receipt of the goods.

4. Liability for defects

The seller shall be liable as follows for defects including the absence of guaranteed properties:

4.1 Defects that occur within 12 months of delivery and demonstrably existed at the time of passage of risk shall at the option of the seller either be repaired free of charge or rectified by replacement of the goods. Items replaced shall become the property of the seller. If the repair or replacement fails, the buyer may at its own option demand either a reduction in the amount payable or cancellation of the order.

4.2 Any defect discovered must be reported to the seller in writing without delay. The buyer shall allow the seller a reasonable amount of time and the opportunity to rectify the defect; otherwise the seller shall be released from its warranty obligations. The seller shall be entitled to have the defect rectified by third parties.

4.3 The seller shall not be liable for defects and the consequences thereof that are caused by normal wear and tear, incorrect handling or use, overloading, inappropriate intervention by the buyer or third parties, or electrical or other effects to which the product should not be exposed according to the terms of the contractual agreement.

4.4 Any other compensation claims by the buyer against the seller shall be excluded irrespective of their legal grounds. As a fundamental principle, claims for compensation beyond the replacement of the faulty goods, e.g. consequential loss or damage, are not accepted except where liability is obligatory in cases of gross negligence or the absence of guaranteed properties.

5. Prices and payment

5.1 Deliveries are invoiced in euros. The prices are stated ex warehouse (Essen) and exclusive of shipping costs. The value added tax is charged separately at the statutory rate. The goods are invoiced at the prices applicable as at the delivery date.

5.2 Payments are to be made in cash by bank transfer or cheque and net of bank charges. Payment shall have been made once the finally cleared funds are available to the seller. Bills of exchange, cheques or other means of payment are only accepted on account of performance. Discount and bank charges are payable by the buyer. Payments are due in full within 30 days of receipt of the invoice. Deductions are not permitted even if items are still owed from previous deliveries. If payments are overdue, the seller may charge interest on the arrears at the rate of 5% (for personal customers) or 8% (for business customers) above the base rate of the ECB in accordance with §1 Diskont-Überleitungsgesetz (German Discount Rate Transition Act); the seller reserves the right to show evidence of a greater loss. The buyer shall only be entitled to withhold payment where such entitlement is based on the same contractual relationship. The buyer may only offset payments against other amounts if the seller has recognised the counter-demand or it has been legally established.

5.3 The prices quoted do not include any installation costs. If installation of the equipment by us is desired, the buyer will be invoiced for the same according to cost.

5.4 Invoices for repairs carried out show the net price. The buyer shall not be entitled to make deductions of any kind including discounts.

6. Retention of ownership

The seller shall retain ownership of the goods supplied until such time as the price is paid in full and all other liabilities under the existing business relationship with the buyer are settled. The buyer must mark the goods subject to retention of ownership as the property of the seller and store them separately. The goods subject to retention of ownership may not be pledged, signed over as security or otherwise encumbered by third-party charges. The buyer shall be entitled to sell the goods on or combine them with other movable assets in the course of its business. In such cases, the buyer shall ensure that the seller's retained ownership remains in force. The buyer shall be obliged to keep the goods of which ownership is retained in perfect condition and insure them against the usual risks. On request, the buyer shall show evidence of such insurance to the seller. The buyer must report any loss or damage to the seller without delay. The buyer hereby even now assigns to the seller any claims against the insurer or third parties to which the buyer may be entitled as a result of such loss or damage. The seller hereby accepts such assignment. In the event of overdue payment or extension of the payment deadline or suspension of payment, the buyer shall be obliged to release the goods subject retention of ownership to the seller. Any costs shall be payable by the buyer. The seller shall be entitled to freely sell the goods of which ownership is retained at a reasonable price.

7. Data protection

The seller shall be entitled to process and store for its own purposes all relevant data relating to the buyer. The buyer's personal data will be used for the purpose of fulfilment of the contract of sale taking account of the applicable data protection legislation in Germany. In order to meet the obligations under the contract of sale, the seller shall be entitled to share the data with a third party for fulfilment purposes. Beyond the above, data is also shared with the Schufa credit reference agency and others for the purposes of checking creditworthiness.

8. Court of jurisdiction

The court of jurisdiction for all disputes arising in connection with this contractual relationship – including withdrawal from it – shall be Essen. This contract is subject to the law of the Federal Republic of Germany to the exclusion of the Hague Convention on a Uniform Law for the International Sale of Goods.

9. Legal force

Should any of these conditions prove inapplicable for whatever reason, it shall not affect the legal force of the other conditions.

BÜCHI Labortechnik GmbH
Altendorfer Str. 3
45127 Essen
Germany

Freecall +800 414 0 414 0
Tel. +49 201 747 49 0
F +49 201 747 49 20
Email  sweden@buchi.com

General Manager
Frank Hartmann

German Commercial Register
Local court (Amtsgericht) Essen
HR B 16200

VAT ID: DE 165313599