Our General Terms and Conditions of Delivery and Payment
General information
The following terms of delivery and payment apply to all contracts, deliveries, and other services, including consulting services, unless they are modified or excluded with our express consent. By placing an order, the buyer accepts the following conditions. We are not bound by the buyer’s terms and conditions of purchase, even if we do not expressly object to them. Our terms and conditions of sale apply exclusively, even if the purchaser’s order contains other restrictions or additions.
Prices and Offers
The calculation takes place in EURO to the prices valid on the day of the delivery under consideration of the respective legal value-added tax. Offers are subject to change, subject to prior sale. The prices in our catalogues are to be understood in Germany as guide prices without value-added tax.
Description of the goods
Attached documents, catalogue details, or other product information such as illustrations, drawings, weight, and dimension details are only approximate and not binding, model and design changes are reserved. We are entitled to deliver modified or adapted products deviating from an order, provided that their functional capability and the intended use of the goods are not significantly impaired thereby.
Placing orders
Verbally given offers and orders only become legally binding when they have been confirmed by us in writing or when we have sent the goods with an invoice to the buyer. Special requests or specifications must be repeated in every order.
Shipment
Shipment is always at the buyer’s risk. The risk is transferred to the buyer as soon as the goods leave the delivery point of Steinle Labortechnik. Freight costs shall be borne by the buyer. We expressly reserve the right to partial delivery and partial invoicing. Shipment is for the account and risk of the customer. Transport insurance is only taken out by us on written instruction of the customer and for his account.
Delivery deadline
Delivery times are only binding if they have been agreed separately. The following conditions apply to binding delivery periods: The delivery period begins with the receipt of our order confirmation. If, due to force majeure, the delivery deadline cannot be met on time or otherwise in accordance with the contract, we shall be released from this obligation; furthermore, claims for damages by the customer shall be excluded. The customer may only demand compensation for damages incurred by the customer due to delays for which we are responsible if he can prove intent or gross negligence to our legal representatives or senior employees with regard to the delay. In case of simple negligence, the compensation for the damage is limited to the value of the goods. If dispatch is delayed on request / through the fault of the buyer, the goods are stored at the risk of the buyer. In this case, the notification of readiness for dispatch is equivalent to dispatch.
Wrapper
All prices refer in principle to unpacked goods. We select further packaging according to the respective requirements. Additional costs arising from additional packaging will be invoiced separately. The return of packaging within the scope of legal regulations is only possible after prior consultation with us.
Data privacy
We are entitled to process and store all relevant data about the buyer for our own purposes – in compliance with the provisions of the Federal Data Protection Act.
Complaints, warranties, and liability
The buyer must check immediately after receipt of the goods whether the quality and quantity correspond to the contractual agreements. Defects that can be detected during the proper inspection of the goods and deliveries of goods or quantities other than those ordered must be objected to within 14 days of receipt of the goods. Hidden defects must be reported to the supplier immediately after discovery, but no later than six months after receipt of the goods. If the buyer fails to make a timely complaint, the goods shall be deemed accepted by the buyer. Complained goods may only be returned free and in original or professional packaging with our express consent. If the buyer complains about defects or the delivery of goods other than those ordered, the goods will – at our discretion – be exchanged or repaired. If we allow a reasonable period of grace granted to us to elapse without remedying the defect or delivering a replacement, or if repair or replacement is impossible or is refused to us, the purchaser shall be entitled to the right of conversion or reduction at his discretion. In the case of shortfalls complained about in time, we have the choice between subsequent delivery or a corresponding credit note. If the customer does not give us any opportunity to convince ourselves of the defect, in particular, if he does not immediately make the goods complained about available or if he has processed the goods, our warranty obligation is excluded. Extensive claims of the client, in particular a claim for damages, are excluded unless the client can refer to the absence of warranted characteristics. A possibly existing claim is limited, except in the case of the absence of warranted characteristics, to the compensation of the damage which has occurred to the delivery item itself, excluding any indirect and consequential damage.
Term of payment
Payment obligations arising from the delivery of goods must be fulfilled without deduction within 30 days of the invoice date. Invoices for services rendered are due immediately and without deduction. In the case of payments by bank transfer or cheque, the payment obligation is only fulfilled when the invoice amount has been credited to our bank account. In the event of overdue payment, we shall be entitled to charge interest at the rate of interest customary in banking, but at least 4% above the respective discount rate of the Deutsche Bundesbank. If a new business relationship is established, we can demand payment in advance. In the case of call orders, goods that could be delivered before the call order date shall be invoiced on the day of readiness for delivery at the confirmed prices or on the call order date at the prices valid at that time. Unless expressly agreed otherwise, payment must be made within 30 days of the invoice date in such a way that the amount agreed for the settlement of the invoice is available to us no later than the due date. We reserve the right to assert further claims for damages caused by default. Our claims shall become due immediately irrespective of the term of any accepted and credited bills of exchange if the terms of payment are not complied with or facts become known which, according to due commercial discretion, make the creditworthiness of the buyer appear doubtful. Set-off and retention due to possible counterclaims of the buyer contested by us are not permitted. Payments to employees or travel agents may only be made if they have a collection authority.
Cancellation of orders/returns of goods
If an order is canceled by the purchaser before delivery of the goods, Steinle Labortechnik is entitled to charge the purchaser for all costs incurred by the cancellation. This applies in particular to cancellation and withdrawal costs invoiced to Steinle Labortechnik by its suppliers. Goods that are free of defects may only be returned free of domicile with express consent. Steinle Labortechnik is entitled to charge a processing fee of up to 15% of the value of the goods, but at least EUR 20,–, or of the credit note for the return of the goods.
reservation of proprietary rights
All goods delivered by us remain our property until the buyer has paid all his liabilities from the mutual business relations. When the goods delivered by us are processed by the buyer, we are considered the manufacturer and acquire ownership of the newly created goods. All claims from the sale of goods to which we are entitled to ownership rights are hereby assigned to us by the buyer as security to the extent of our share of ownership of the goods sold. The buyer must inform us without delay of any impairment of our rights to the goods which are our property, in particular attachments and other seizures. If the buyer does not fully meet his obligations towards us, he must return the goods to our company upon request without us withdrawing from the contract.
Non-binding advice
We advise our customers with regard to application technology to the best of our knowledge within the scope of the given possibilities but without obligation. This also applies in particular with regard to the observance of any industrial property rights of third parties. Our proposals do not release our customers from the requirement to test our products on their own responsibility for their suitability for the intended purposes.
Copyright
The customer assumes full responsibility that the use of the originals submitted by him or drawings, documents, etc. produced according to his specifications does not infringe the rights of third parties. The samples, sketches, tools, drafts, etc. produced by us remain our property unless this has been agreed upon separately with the customer.
Repairs
If a cost estimate is requested before repairs are carried out, this must be expressly stated. The costs for the estimate are to be reimbursed if the repair is not ordered. Costs for shipping and packaging shall be borne by the buyer. Repair invoices are due net immediately.
Place of fulfillment
The contractual relationship is subject to the law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Effectiveness of individual provisions
Should individual provisions be invalid, this shall not affect the validity of the other provisions. Rather, the parties undertake to replace the invalid provision with a provision that comes as close as possible to the economic result.
