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Terms and conditions

OVERVIEW

SCOPE

These Terms and Conditions are valid for all contracts that NEOCHEMA GmbH concludes as a seller with a purchaser of its products. The inclusion of own conditions of the customer are hereby objected to, unless explicitly agreed otherwise in written form.

ORDER

The offers of NEOCHEMA GmbH are subject to confirmation. Orders are binding for NEOCHEMA GmbH, if they are confirmed in written form, by e-mail, in the online shop by automated order processing or are fulfilled by sending the goods and the invoice. Sales conditions, particularly those of the purchaser, are only valid if they are confirmed in written form. In any case, the customer must ensure that the e-mail address that he has provided for order processing is correct and he must also ensure, when SPAM filters are used, that all of the e-mails sent by the seller or third parties who may be appointed with purchase processing for the purpose of order processing can be delivered.

PRICES AND PAYMENT TERMS

All prices stated in the product catalogue and online shop are net prices. Any additional delivery and shipping costs incurred will be stated separately. For delivery to countries outside of the European Union, additional costs can be incurred in an individual case, for which NEOCHEMA GmbH is not responsible, as the seller, and which must therefore be borne by the customer. These specifically include remittance fees, exchange rate fees and customs fees. In principle, various payment options are available to the customer. If cash in advance is arranged, the payment shall fall due directly after conclusion of the contract. For the "issue of invoice upon delivery" payment type, the purchase price is payable without any deductions within 30 days from the invoice date. In this case, NEOCHEMA GmbH reserves the right to perform a creditworthiness check and reject this payment type in the event of a negative creditworthiness check. If the payment deadline is exceeded and the payment order procedure is complied with, NEOCHEMA GmbH reserves the right to charge interest in an adequate amount on the basis of the respective current debit interest rate of the bank. We reserve the right to assert a further default loss.

DELIVERY AND SHIPPING TERMS

The delivery of the ordered goods usually takes place using the shipping method specified by the seller, in compliance with the safety regulations and statutory provisions, to the delivery address specified by the customer. The delivery address specified by in the seller’s order processing is exclusively relevant for processing the transaction. If the transport company returns the shipped goods to the seller, because a delivery to the customer was not possible, the customer shall bear the additional costs for the unsuccessful shipping. In the case of culpable exceeding of the standard industry delivery period, the seller may withdraw from the contract, subject to the exclusion of further rights after the expiry of the grace period that it has set in written form. However, any claims for damages arising for the purchaser due to default or non-fulfilment are limited to the invoice value for the quantity of goods that were not delivered or not delivered on time, insofar as NEOCHEMA GmbH is not subject to unlimited liability due to premeditation or gross negligence under mandatory statutory provisions. Unforeseeable operational disruptions of all types, strikes, lock-outs, traffic disruptions, official orders and cases of force majeure shall exempt the party affected by this from the delivery obligations for the duration of the disruption. In this case, each of the contracting parties are authorised to withdraw from the contract, subject to the exclusion of all further claims.

LIABILITY AND PATENT WAIVER

The purchaser may basically only demand compensation for damages or withdraw from the contract in those cases and to the extent explicitly specified in this contract; liability is specifically limited to the sale price of the respective product and excludes coincidental or consequential losses in any case. Further liability - regardless of the legal grounds, also due to violation of contractual ancillary duties and illicit acts - is excluded, unless NEOCHEMA GmbH is subject to unlimited liability due to premeditation or gross negligence under mandatory statutory provisions.The seller cannot guarantee that the use or sale of its delivered products does not violate any European or other patent, which relates to this product itself or its use in conjunction with other products.

PACKAGING

Containers and packaging of NEOCHEMA GmbH are only permitted to be reused during the course of business after the company logo and name are obscured, or the product label is completely removed in the absence of an explicit exception approval by the seller.

NOTICES OF DEFECTS

The statutory provision applies to liability for defects. It is expressly pointed out that all reference materials are produced to a very high scientific standard. The purchaser has to handle with care and in order to keep products in compliance with the analysis values stated in the certificate.

LEGAL JURISDICTION AND CONTRACT LANGUAGE

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, subject to the exclusion of the laws governing the international purchase of moveable goods. The exclusive legal jurisdiction for all disputes arising from a legally valid contract is always the registered office of NEOCHEMA GmbH, regardless of the purchaser’s registered office. The contract language is German.

RESERVATION OF OWNERSHIP

SHIThe ownership of the delivered goods shall remain reserved to secure all claims that NEOCHEMA GmbH is entitled to from the present and future business relationship until all balances are compensated against the purchaser. The purchaser is revocably entitled to dispose of the goods owned by NEOCHEMA GmbH in the proper course of business.

FINAL PROVISIONS

If parts of these GTC or the contract concluded with the purchaser become invalid, this shall not otherwise affect the validity of the provisions. NEOCHEMA GmbH is entitled to replace invalid provisions with a valid regulation that corresponds to the economic success as far as possible.