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General Information
EKF-diagnostic GmbH
Stanbio (EKF Diagnostics USA)
TERMS AND CONDITIONS OF SALE
THE FOLLOWING IS GENERAL INFORMATION WHICH MAY BE
SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
These Terms and Conditions of Sale and Delivery shall apply to all supplies
and services of EKF-diagnostic GmbH where the contractor is a businessman
(Section 14 of the German Civil Code), a legal entity under public law or a
special asset under public law. Any opposing or additional terms and conditions
of the purchaser shall be expressly excluded; such conditions shall only
become part of a contract if EKF-diagnostic GmbH has expressly declared its
consent to the inclusion of such conditions under a separate agreement.
PRICES
If not expressly provided otherwise, the agreed prices shall apply ex-works,
including loading, but excluding packing, shipment and insurance costs.
Any costs for packing, shipment and insurance shall be borne by the purchaser.
SHIPMENT
The goods shall be shipped and transported at purchaser’s expense and risk.
The risk shall be transferred to the purchaser not later than upon dispatch of
the goods, even if part-shipment has been agreed or EKF-diagnostic GmbH has
agreed to provide also other services, such as shipping costs or delivery and
installation. If explicitly requested by the purchaser and only if separately agreed,
EKF-diagnostic GmbH shall take out an insurance of the consignment to cover
theft, breakage, transport, fire and water damage as well as other insurable risks.
WARRANTY
Claims of the purchaser for defects in the goods supplied shall become
statute-barred after 12 months. This shall not affect the limitation of
claims for reimbursement of expenses as provided under sections 478
paragraph 2, 479 paragraph 1 of the German Civil Code, and suspension
of expiration as provided by section 479 paragraph 2 of the German
Civil Code. Moreover, the provisions of the sections 2 to 4 below shall
exclusively apply to contracts other than for the purchase of consumer
goods as provided by sections 474 to 479 of the German Civil Code.
DELIVERY
SHIPPING INFORMATION
Orders shipping within the USA: Orders are shipped ExWorks (EXW) Boerne,
Texas. A variety of freight carriers are used in order to provide the quickest
and most economical mode of transportation. Stanbio will utilize a particular
carrier only when specified by the customer. Refrigerated products are
shipped via two (2) day delivery service Monday through Wednesday or,
if requested by the customer, via overnight service on Thursdays. Frozen
products are shipped via an overnight service Monday through Thursday.
Additional charges apply to shipments containing hazardous material.
Orders exported from the USA: Terms of sale are ExWorks Boerne, Texas.
PRODUCT CHANGES
All product specifications and packaging sizes are subject to change
without notice. Stanbio reserves the right to amend prices or to
discontinue products and sizes without prior notification
PAYMENT TERMS
Payment terms are In Advance or Net 30 Days with approved credit. Payment
can be made via wire transfer, company check, bank draft, money order, letter
of credit (irrevocable and confirmed) or by VISA, MasterCard, or American
Express credit cards. Open account requires that full payment be made
before or at account term. Unpaid balances will incur late charges of one and
one-half percent (1 1/2 %) per month until paid. Delinquent accounts will be
placed on credit hold until full payment is received. When applicable, freight,
handling and insurance charges are prepaid and added to customer invoice.
Send remittance to: P.O. Box 907, San Antonio, TX, USA 78294-0907
DISTRIBUTORS
Stanbio products are sold through a carefully selected group of medical supply
dealers. Contact our Sales Department for the name of the authorized
Stanbio dealer in your area.
Any dates quoted for delivery of the Goods are approximate only, and the time
of delivery is not of the essence. The Supplier shall not be liable for any delay in
delivery of the Goods that is caused by a Force Majeure Event or the Customer’s
failure to provide the Supplier with adequate delivery instructions or any other
instructions that are relevant to the supply of the Goods. If the Supplier fails
to deliver the Goods, its liability shall be limited to the costs and expenses
incurred by the Customer in obtaining replacement goods of similar description
and quality in the cheapest market available, less the price of the Goods. The
Supplier shall have no liability for any failure to deliver the Goods to the extent
that such failure is caused by a Force Majeure Event, the Customer’s failure to
provide the Supplier with adequate delivery instructions for the Goods or any
relevant instruction related to the supply of the Goods. The Supplier may deliver
the Goods by instalments, which shall be invoiced and paid for separately. Each
instalment shall constitute a separate contract. Any delay in delivery or defect
in an instalment shall not entitle the Customer to cancel any other instalment.
LICENSING
PRICES AND PAYMENT
RETURNS POLICY
The price for Goods and / or Services shall be the price set out in the
Order or, if no price is quoted, the price set out in the Supplier’s published
price list as at the date of delivery and / or supply of Services. The price of
the Goods is exclusive of all costs including but not limited to charges of
packaging, insurance, transport of the Goods, bank charges, excise duties,
etc. which shall be paid by the Customer when it pays for the Goods.
TERMINATION
Without limiting its other rights or remedies, the
Supplier may terminate the Contract:
- By giving the Customer three (3) months’ written notice
- With immediate effect by giving written notice to the customer if
the Customer fails to pay any amount due under this
Contract on the due date for payment.
- The Customer may terminate the Contract by giving the
Supplier not less than six (6) months’ written notice.
This product catalog contains information on products which is targeted to
a wide range of audiences and could contain product details or information
otherwise not accessible or valid in your country. Stanbio does not take any
responsibility for accessing such information which may not comply with any
legal process, regulation, registration, or usage in the country of your origin.
PRODUCT TOXICITY AND HAZAROUS GOODS
Stanbio products should be handled only by qualified individuals trained in Good
Laboratory Practices and familiar with the potential hazards of handling reagents.
All Stanbio products are shipped with appropriate labeling. Safety Data Sheets
are available upon request. All SDS describe, to the best of Stanbio’s knowledge,
any potential handling issues. Any absence of warning must not be interpreted
as an indication of safety, nor does it preclude a potential health hazard. Due care
should be exercised with all Stanbio products to prevent contact and ingestion.
Stanbio guarantees all of its products to perform according to the parameters
found in their respective package inserts, until the expiration date. Any product
found not to perform up to these standards will be replaced without charge.
Stanbio is not responsible for products that are held past the expiration date
or not stored properly. A “Return Goods Authorization” (RGA number) MUST
be obtained from the Stanbio Commercial Support Department before any
product can be returned for non-performance. Any product received due to
an error on the part of Stanbio may be returned for replacement or credit
immediately after receiving authorization from Stanbio’s Commercial Support
Department. Please report any item/quantity discrepancies to the Stanbio
Commercial Support Department within 5 business days from receipt of
product. Damages due to shipping should be reported by the customer directly
to the carrier if the shipment was shipped via Freight Collect or Consignee.
Damages due to shipping should be reported by Stanbio directly to the carrier
if any other method of shipment is used. Due to FDA compliance issues and
GMP controls, any item(s) shipped as a result of customer error may not be
returned for credit. Goods determined returnable by Stanbio will be subject to
the cost of freight and a 20% restocking fee to partially cover the cost of the
Quality Assurance procedures Stanbio must perform on all returned products.
Full terms and conditions of sale can be found online at ekfdiagnostics.com and/or ekfusa.com
38 | General Information
