1. Scope of applicationThe present GTC form is an integral part of any sales agreement entered into between BIOREBA and the buyer unless BIOREBA and the buyer have expressly agreed otherwise in writing. Opposing or deviating general terms and conditions of the buyer shall not apply unless BIOREBA has accepted them in advance in writing. By placing an order, the buyer will be deemed to have fully accepted these GTC effective on the day the order has been placed. The current GTC is published online here on our website. A written copy may be obtained from BIOREBA at any time upon request office.
2. Product informationThe information published in any marketing materials and online including the website of BIOREBA, is not binding.
3. Ordering process
Orders may be placed with BIOREBA by telephone, e-mail, and on the website of BIOREBA. The following data must be specified:
- Article number, description, size and quantity
- Delivery address and clear shipping instructions
- Address for invoicing
- Contact name and title
- Phone, fax, and e-mail address
- VAT- and EORI number, if available
4. Prices and terms of payment
Prices are according to our current price list, ex works Reinach/Switzerland, excluding VAT. Shipping and handling costs are not included. We prepay freight charges and add them to the invoice. BIOREBA reserves the right to change its prices and payment terms at any time and without notice.
5. Shipment of products
BIOREBA ships via FedEx, DHL, UPS, or the best means to assure quick and secure delivery. Products are shipped at ambient temperature or on dry ice. For long-term storage please refer to the instructions given on the products and/or individual kit components. If you have special shipping requirements, please give us clear instructions. If permission to handle our products is required by local authorities, it is the responsibility of the buyer to obtain such a permit.
6. Warranty, Liability, and Returns
BIOREBA AG products are guaranteed to meet the speciﬁcations described on the product datasheet and product information that is added to each shipment. No further warranties are given. If you have any questions about speciﬁcation or performance, please contact firstname.lastname@example.org. Our PCR and ELISA products are for laboratory use only. AgriStrip products are for laboratory-, ﬁeld-, and greenhouse use. All products are not to be used for human or animal applications. Should a product fail for reasons other than inappropriate handling or misuse, BIOREBA will replace the product free of charge or refund the purchase price. BIOREBA AG shall not be liable for any direct or indirect, special or consequential damages resulting from the use of our products. Please notify us about any damage, loss, or failure to meet product speciﬁcations within 72 hours after receipt of the goods. If a product fails to perform as expected, when used according to standard procedures, then please contact email@example.com. Products delivered to the buyer may not be returned for credit note except with BIOREBA’s prior written permission, and then only in strict compliance with BIOREBA’s return shipment instructions.
7. Limitation of liability and hold harmless
To the maximum extent admissible under applicable law, BIOREBA shall not incur any liability in connection with the agreement entered into between BIOREBA and the buyer. BIOREBA's aggregate liability shall under no circumstances exceed the price paid by the buyer for the purchase of the products giving rise to the buyer's claim for damages. The buyer shall indemnify and hold BIOREBA harmless against all claims by third parties against BIOREBA by reason of injury or damage caused by or arising in connection with the buyer's use of BIOREBA's products in any manner, such as integration of BIOREBA's products in the buyer's own products or transformation or reconditioning of BIOREBA`s products by the buyer.
8. Delay in delivery
BIOREBA shall not be liable for any loss, damage, or penalty as a result of any delay in or failure to manufacture, deliver, or otherwise perform hereunder due to any cause beyond BIOREBA's reasonable control, including, without limitation, the act of the buyer, embargo or other governmental act, regulation or request affecting the conduct of BIOREBA's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices.
9. Data protection
10. Retention of title
BIOREBA retains title to the purchased item until receipt of all payments under the delivery contract. In the event of conduct on the part of the Customer in violation of the contract, in particular, in the event of default in payment, BIOREBA is entitled to take back the purchased item. BIOREBA's taking back the purchased item does not constitute a rescission of the contract unless BIOREBA has expressly declared this in writing. The Customer undertakes to ensure that the delivered goods are maintained and adequately insured for the duration of the retention of title.
11. Governing law and jurisdiction
All agreements entered into by BIOREBA and the buyer will be governed by Swiss substantive law. The exclusive place of jurisdiction for any disputes arising from or in relation to any agreement entered into by BIOREBA and the buyer shall be Arlesheim (Baselland), Switzerland.