NBS-C BioScience
Terms and Conditions of Sale for NBS-C Research Reagents
The following Terms and Conditions have to be be read, undersood and accepted by all users of products originally supplied by NBS-C BioScience & Consulting GmbH. Customers buying from NBS-C BioScience’s distributors should also refer to the terms of sale of those distributors for all contractual terms.
GENERAL NOTICE
ALL PRODUCTS SUPPLIED BY NBS-C BIOSCIENCE SHALL BE USED FOR RESEARCH PURPOSES ONLY.
NO PRODUCTS ARE TO BE USED IN ANY THERAPEUTIC PROCEDURE.
PRODUCTS ARE ONLY SUITABLE FOR USE BY PERSONS TRAINED IN THE RELEVANT LABORATORY TECHNIQUES.
ALL PERSONS INTENDING TO USE NBS-C BIOSCIENCE PRODUCTS MUST RELY ON THEIR OWN KNOWLEDGE AND JUDGEMENT IN THE SELECTION AND USE OF THESE PRODUCTS.
USERS SHOULD ALWAYS READ THE GUIDANCE AND WARNINGS IN THE RELEVANT INSTRUCTIONS FOR USE BEFORE TAKING DELIVERY, STORING OR USING NBS-C BIOSCIENCE PRODUCTS
ANTIBODIES AND RELATED PRODUCTS HAVE A LIMITED SHELF LIFE AND REQUIRE STORAGE AND USE UNDER CONTROLLED CONDITIONS. NBS-C BIOSCIENCE WILL ONLY ENTERTAIN WARRANTY CLAIMS IF ALL RELEVANT GUIDELINES FOR STORAGE AND USE HAVE BEEN FOLLOWED
USERS ARE RESPONSIBLE FOR COMPLYING WITH ANY LEGISLATION OR REGULATIONS GOVERNING THE IMPORTATION OF THE PRODUCTS INTO THE COUNTRY OF DESTINATION.
1. Introduction
These Terms and Conditions apply to all sales of products by NBS-C BioScience & Consulting GmbH, Schuhfabrikgasse 17, A-1230 Vienna / Austria.
NBS-C BioScience will sell to the customer the products from its catalogue subject to these Terms & Conditions, which supersede any standard terms of business of any customer. Variation of these Terms & Conditions will be binding upon NBS-C BioScience only if it is in writing and signed by NBS-C BioScience’s authorised representative.
2. Specification of Products
Each product to be supplied will be as described under the relevant product code in the catalogue and in the data sheet for that product code. Each product delivery will be accompanied by the delivery of a hard copy of the data sheet for that product code. Customers will be taken to be fully aware of all information and eventual warnings in the product data sheet.
NBS-C BioScience’s distributors or agents are not authorised to make any representations concerning the products beyond what appears in the catalogue or product data sheet unless confirmed by NBS-C BioScience in writing. Under these Terms and Conditions, the customer acknowledges that it does not rely on, and waives any claim arising from, any such representations which are not so confirmed.
3. Product Orders
Product orders will have to be placed by the customer in one of the following manners:
a) by a written request delivered to NBS-C BioScience by post, fax, or e-mail
b) by the NBS-C BioScience website on-line ordering form
c) by telephone request
All orders should refer to NBS-C BioScience’s corresponding product code displayed in the product catalogue or website. They should contain a “Purchase Order Number”, contact information, and an account number if applicable. Written orders should be on official customer stationery. Each contract between NBS-C BioScience and the customer shall be on these conditions to the exclusion of all other Terms and Conditions.
No order placed by the customer shall be deemed to be accepted until a written acknowledgement of order is issued by NBS-C BioScience or when the product is delivered, whichever occurs first.
4. Product Delivery
Delivery will be to the address specified by the customer by placing the order. NBS-C BioScience may choose the method of delivery.
Time is not of essence in the contract between NBS-C BioScience and the customer. Products are normally available from stock and NBS-C BioScience will use its endeavours to deliver the product within seven (7) work days after the date on which the written acknowledgement of order is issued by NBS-C BioScience. NBS-C BioScience will not be liable to compensate the customer for late delivery.
5. Product Price
The prices quoted in NBS-C BioScience’s catalogue or website do not include packing and carriage charges nor insurance and are exclusive of VAT. A packing charge (for example for wet or dry ice) may be added to the price of the product by NBS-C BioScience. NBS-C BioScience will give the Customer an estimate of the packing charge on receipt of the order.
Prices are shown for standard package sizes. NBS-C BioScience will inform the customer about prices for quantities and formulations outside those listed in the catalogue or website on request.
NBS-C BioScience reserves the right to modify prices and product specifications without notice, but not with effect for contracts which have been concluded on the basis of previous prices and/or product specifications.
6. Product Payment
NBS-C BioScience will deliver an invoice for the product(s) supplied to the customer to the delivery address or to a different billing address specified by the customer.
The customer will pay the invoice without deduction or set-off within thirty (30) days after the date shown on the invoice.
If any part of an invoice remains outstanding after the due date for payment, NBS-C BioScience will be entitled to charge interest from the invoice date until full payment at the rate of 4% per year, calculated on a daily basis and compounded annually at 31 December.
7. Ownership and Risk
NBS-C BioScience retains ownership of any products delivered to the customer until NBS-C BioScience has received unconditional payment in full for such products. NBS-C BioScience shall have full right of unimpeded access to any premises where the products are stored for the purposes of recovering possession of products under this clause.
Risk of damage to or loss of the products shall pass to the customer upon delivery to the customer.
8. Liability
By placing an order, the customer acknowledges:
to have read and accepts the GENERAL NOTICE above,
to accept to relies on own knowledge and judgment in the selection and use of the products,
to be aware of the guidance and warnings displayed on the data sheets,
as a NBS-C BioScience distributor who resells the products, to ensure that the end-user is aware of the guidance and warnings in the product data sheets.
NBS-C BioScience will not be liable for any statement or advice concerning selection or use of the products given by or on behalf of NBS-C BioScience - the product data sheet is intended to assist customers to identify relevant scientific literature on the subject of the products and their use.
If the products do not meet the standard of satisfactory quality complying with generally acknowledged state of the art, NBS-C BioScience will, at its option, replace the products or refund the purchase price to the customer, provided that the customer:
a) provides NBS-C BioScience with the purchase order number, invoice number, and product’s catalogue number;
b) stores and uses the products in accordance with any instructions given in the data sheets;
c) notifies NBS-C BioScience of the defect within seven (7) days after delivery;
d) retains the defective product and returns it to NBS-C BioScience on request.
The remedy stated as above is the sole remedy of the customer if any product is defective. No other warranty or condition is to be implied between the customer and NBS-C BioScience as to the quality or fitness for a particular purpose of the products.
NBS-C BioScience believes that the instructions and specifications displayed on the product data sheets and any other information given to the customer about the products is accurate, but accepts no liability for any inaccuracies or omissions in that information.
No warranty or condition is to be implied into the contract between the customer and NBS-C BioScience that the products or the information supplied to the customer does not infringe any patents or other intellectual property rights of any third party.
In any event, NBS-C BioScience will not be liable to the customer for any indirect or consequential losses sustained by the customer as a result of any defects in the products or as a result of any breach by NBS-C BioScience of these Terms & Conditions or of any terms and conditions implied by law.
Nothing in these Terms & Conditions excludes or limits the liability of NBS-C BioScience for death or personal injury caused by NBS-C Bioscience’s negligence, for fraud or fraudulent misrepresentation or for any other matter for which it would be illegal for NBS-C BioScience to exclude or attempt to exclude its liability.
Subject to these Terms & Conditions, NBS-C’s’s liability to the customer arising from the sale of product governed by these Terms & Conditions or otherwise will not exceed the aamount of all sums paid by the customer to NBS-C BioScience in respect of a particular order.
9. Force Majeure
NBS-C BioScience will not be liable to the customer or be deemed to be in contractual breach by reason of any delay in performing, or any failure to perform, any of NBS-C BioScience’s obligations in relation to the product(s), if the delay or failure was due to any cause beyond NBS-C BioScience’s reasonable control. In particular NBS-C BioScience reserves the right to defer the date of delivery or to cancel any order or reduce the volume of the products ordered by the customer (without liability to the customer) if it is prevented from or delayed in carrying out its business due to circumstances beyond the reasonable control of NBS-C BioScience including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, epidemic or other inability or delay in obtaining supplies.
10. General
If any provision of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall not be affected thereby.
A person who is not party to the sale contract shall have no right under the sale contract to enforce any term of the sale contract.
The sale contract between the customer and NBS-C BioScience is governed by Austrian law, and these Terms & Conditions will be interpreted in accordance with Austrian law.