General terms and conditions
1. the following conditions are valid for the deliveries and services, also information and offers, consultations and repairs of BioMEDanas. Other conditions are only valid if and as far as BioMEDanas explicitly accepts them in writing.
Our terms and conditions shall also apply to subsequent orders.
2 Offer and conclusion of contract
2.1 Our offers are non-binding, unless the binding nature of the offer is expressly indicated.
2.2 The order signed by the customer is a binding order.
2.3 All information about our goods and services, in particular the illustrations, drawings, weights, dimensions and performance specifications contained in our offers and printed materials, are to be regarded as approximate average values. They are not guaranteed characteristics, but descriptions or identifications of the goods. Unless limits for permissible deviations are expressly specified in our offer and designated as such, deviations customary in the industry shall be permissible in any case.
2.4 For all kinds of services BioMEDanas UG is entitled to assign subcontractors to perform the necessary tasks.
2.5 BioMEdanas UG is not liable for bad performance and claims for damages in case of performance by the subcontractor. In such cases the subcontractor is liable for all damages caused by his services.
3.1 The prices stated in our offer or our order confirmation are exclusively decisive. Additional services will be charged separately, which will be communicated in writing.
3.2 Our prices are net prices without value added tax, which the customer / consumer must pay additionally at the respective statutory rate.
3.3 Unless expressly agreed otherwise, our prices shall apply ex the Contractor’s place of business. The customer shall bear additional freight costs, special packaging costs exceeding the customary packaging, ancillary charges and public duties.
3.4 Travel times shall be charged in the same way as working times, unless flat rates for travel have been agreed.
4.1 Delivery periods and dates shall only be deemed agreed upon after express written confirmation. Delivery periods (dates) shall commence on the date of our order confirmation, but not before all details of the order have been clearly clarified and any necessary certificates have been provided. They shall be deemed to have been met upon timely notification of readiness for dispatch if the goods cannot be dispatched on time through no fault of our own.
4.2 In the case of deadlines and dates which are not expressly designated as fixed in the order confirmation, the customer may set us a reasonable deadline for delivery/performance two weeks after their expiry. We shall not be in default until the expiry of this grace period.
5 Shipment, transfer of risk, default of acceptance, default of deadline for validations
5.1 Shipment and transport shall always be at the risk of the customer. The risk shall pass to the customer, even in the case of partial deliveries, as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch or, in the case of delivery ex works, has left our works.
5.2 If the shipment of the delivery is delayed for reasons attributable to the customer, the risk of accidental deterioration and accidental loss shall pass to the customer upon notification of readiness for shipment.
5.3 If the customer is in default of acceptance, we shall be entitled to demand reimbursement of the expenses incurred by us. The risk of accidental deterioration and accidental loss shall pass to the customer upon the occurrence of default in acceptance in the case of deliveries.
5.4 Validation dates must be cancelled at least 10 working days in advance, regardless of the reason. In the event that an appointment is not cancelled in due time, we shall be entitled to charge the customer for the appointment not cancelled in due time in accordance with § 615 BGB. The customer has no right to compensation.
6.1 Payments shall be made in Euro and shall be free of postage and expenses.
6.2 Unless otherwise agreed in writing, payments shall be made within 14 calendar days of the invoice date.
6.3 If payment deadlines are exceeded, the statutory provisions shall apply.
7.1 After completion of the work, we shall carry out an acceptance with you.
7.2 The work shall be deemed to have been accepted and acceptance shall be deemed to have taken place when the work has successfully passed the acceptance test. Acceptance cannot be refused due to a defect which only insignificantly reduces the value or the usability.
7.3 If you waive acceptance or do not attend this appointment after being requested to do so, we shall be entitled to carry it out without you and you shall be obliged to accept the results of the acceptance. Any costs arising from a delay in acceptance for which we are not responsible shall be borne by you. In any case, the work shall be deemed accepted when you have put the work into use.
8 Warranty and Safety Regulations
8.1 For all services rendered by BioMEDanas the legal warranty period of 12 months applies.
8.2 The warranty is excluded if the plants or devices are not used according to the operating instructions.
8.3 Attention is drawn to the observance of the relevant safety regulations, such as the accident prevention regulations.
9. online store contracts and prices
9.1 All prices are subject to change and depend on the manufacturer.
9.2 Note: Process chemicals may not be inserted into the device, if we detect them, the analysis effort will be charged extra. Note: Water of suitable quality must be used.
9.3 Framework agreements: Due to changes in normative test periods or customer requests, framework agreements must be renegotiated. Non-contractual tests must be invoiced separately.
10 Severability clause
The invalidity of individual clauses shall not affect the validity of the other provisions. Invalid clauses are to be replaced by such valid regulations which come closest to the economic purpose of the contract.
11 Place of performance, place of jurisdiction and applicable law
11.1 The place of performance shall be the supplying plant, in the case of services the registered office of the Customer.
11.2 The place of jurisdiction for all disputes arising from this contract shall be, at our option, our registered office or, for actions brought by the Customer, exclusively our registered office. Statutory regulations on exclusive jurisdiction shall remain unaffected.