1.1 The following general terms and conditions (“GTC”) apply to all sales, deliveries and offers – including future – the binder laboratory technology distribution of Plasmacleaner, drying stations and accessories for electron optics.
1.2 By issuing the order, the customer acknowledges the following conditions. The present GTC apply only, even if the buyer’s order contains other restrictions or additions and binder does not expressly object to the laboratory technology.
1.3 The conditions of sale shall only apply to entrepreneurs within the meaning of § 14 BGB (german law).
2 Offer, conclusion of contract and change reservation
2.1 Offers on the part of Binder laboratory technology are made subject to alteration and without obligation regarding execution type, price, delivery time and delivery possibility.
2.2 With the order the buyer declares binding to want to purchase the ordered goods. The order is legally binding if the information in the order is correct.
2.3 A confirmation of receipt of the order sent by Binder Laboratory technology after order receipt and any subsequent status reports do not constitute an acceptance of the offer yet.
2.4 Binder Laboratory Technology is entitled to accept the contract offer in the order within two weeks after receipt.
2.5 The contract of sale comes into effect with access to the unconditional written order confirmation. If it has not been done by then, the confirmation of the order and the delivery of the ordered goods are also valid.
2.6 Minor commercial deviations of the goods or the execution of the data in the catalogues or offers is reserved by the legal rights of binder Laboratory technology.
3 Awards and prizes
3.1 Deliveries are made at the agreed prices. If no price is expressly agreed, the current price list of the Binder laboratory technology shall apply. In principle, no discount is granted unless expressly agreed otherwise.
3.2 If the buyer orders by telephone, only the current price list shall apply, unless a deviating written agreement is expressly made. The current price list is available on request at any time. Printing errors, price changes, errors remain reserved. asses.
3.3 All prices are in addition to packaging, transport and transport insurance, plus the value added tax resulting from the performance. In so far as the customer wishes a VAT-free intra-community delivery or a VAT-free export delivery, the delivery depends on the provision of the legally necessary evidence. If this is missing, Binder laboratory technology reserves the right not to supply or to claim damages.
3.4 Binder Laboratory technology provides for ready-to-ship packaging and shipment of goods. The customer shall bear the packaging and shipping costs, including any goods or services required by the customer. These are dependent on the type of shipment, the payment method, the weight and the shipping destination. They are calculated and reported on request prior to an order. The packaging and shipping costs are shown separately on the invoice. The choice of the shipping method takes place within the limits of the permissible possibilities at the best discretion.
3.5 in the case of partial deliveries initiated or offered by the Binder laboratory technology, deliveries are free of shipping costs. In the case of special customer requests for the distribution of the delivery, the agreed shipping costs for each partial delivery are also calculated.
3.6 In the case of cross-border deliveries, import duties may be paid directly by the customer to the competent authorities.
3.7 The Binder Laboratory technology reserves the right to adjust its prices appropriately if unforeseeable cost changes occur, in particular due to currency fluctuations, delivery or material price changes.
3.8 prices, which are not published by Binder Laboratory technology, and which appear in part in Internet appearances and catalogues of suppliers, do not apply in the sales area of binder laboratory technology.
4 Delivery/Delivery period/default of acceptance
4.1 If the customer picks up the goods in the premises of Binder Laboratory technology or at another place designated by Binder Laboratory technology (warehouse, connected company), the risk of accidental loss or accidental damage will be transferred to the handover of the goods The customer.
4.2 The dispatch of the goods is always at the customer’s risk. The risk passes to the buyer as soon as the goods are handed over to the logistics company. The goods are insured by binder Laboratory technology in principle over the entire value of the merchandise, unless the customer contradicts the transport insurance in good time before handing over the goods to the transport company. The cost of transport insurance is always borne by the customer.
4.3 Binder Laboratory Technology is always committed to fast processing of the order. However, the expected delivery times depend on the product and supplier. Therefore, Binder laboratory technology is entitled to determine the expected date of dispatch within a period of 6 weeks after confirmation in the written order confirmation. However, the aforementioned dispatch date is always subject to the timely delivery of binder laboratory technology by its suppliers.
4.4 In other ways, delivery dates, telephone information, information by email or in the confirmation of receipt, are non-binding, probable information for orientation.
4.5 Depending on the shipping method, a delivery takes place from the designated Versendungstag within the usual delivery time from Germany. If, after confirmation, delays of the expected dispatch day occur, the customer will be informed immediately
4.6 If the customer comes into default of acceptance or violates other co-operation obligations, Binder Laboratory technology is entitled to calculate the resulting damage.
5 Payment and late payment
5.1 Payment obligations shall be fulfilled within 30 days from the date of invoice without deduction. Binder Laboratory technology is entitled to advance payment
5.2 If the customer makes payments without indicating the relevant invoice and customer number on the transfer carrier and also the amount of the individual invoice amounts in the case of payment of several invoices, binder laboratory technology is entitled to deduct the amount received according to § § 366 para. 2, 367 para. 1 BGB (german law) to the customer’s outstanding liabilities.
5.3 Costs incurred by the reversal of a payment transaction due to lack of coverage or data transmitted incorrectly by the customer shall be charged to the customer.
5.4 In the case of late payment, Binder laboratory technology shall be entitled to calculate interest in the amount of 8 percentage points above the current base rate.
5.5 The offsetting is not permissible except in the case of undisputed or legally determined counterclaims. The retention of payments by the buyer for counterclaims from other contractual relationships is excluded.
6 Retention of Title
6.1 All goods supplied by Binder Laboratory technology shall remain the property of binder laboratory technology until the customer has paid all his obligations under the contract. In relation to merchants, the retention of title exists until all liabilities arising from the business relationship with the customer are fulfilled.
6.2 To the extent that the customer is a trader, he/she shall, as a security, fully apply the receivables arising from resale or other legal grounds relating to the reserved goods (including all balance receivables from current account) to Binder Laboratory technology. Binder Laboratory Technology authorizes the buyer/customer to recover the assigned receivables for his account and in his own name. This direct debit authorization may be revoked if the buyer/customer fails to fulfil his payment obligations properly.
6.3 Binder Laboratory Technology undertakes to release the collateral at the customer’s request to the extent that the value of the collateral exceeds the claims to be secured by more than 10 percent.
6.4 Requests of third parties to the goods owned or co-owned by Binder Laboratory technology must be immediately reported by the customer. Costs incurred by such interventions for a third-party proceedings or costs for a non-procedural release shall be borne by the customer.
7.1 The warranty begins with the transfer of risk and is governed by the legal provisions, unless otherwise provided in the following.
7.2 The limitation period for the warranty claims is one year. The limitation period for diaphragm pumps and turbo molecular pumps is determined by the manufacturer’s guarantee regulations. Binder Laboratory technology has the choice to eliminate the defect or to deliver a defect-free thing by supplementary performance. If this is not possible, the goods will be withdrawn against reimbursement of the purchase price.
Vacuum components which are contaminated after acceptance or which cause contamination on the electron optical samples are cleaned again vacuum-compatible. The costs are borne by the customer. (paragraph 9)
7.3 Obvious defects of the goods must be reported in writing immediately, at the latest within three days of receipt of the goods. Hidden defects must be displayed immediately after discovery, but not later than 12 months after receipt of the goods. If the defects are not displayed in time, the goods are considered as approved.
8 Limitations of liability
8.1 The following limitations of liability shall not apply to damage caused by intent or gross negligence, as well as to injury to life, body or health.
8.2 Irrespective of the legal reason, claims for damages against the Binder laboratory technology as well as against their vicarious agents or assistants are limited to the typical damages, with the possible entry of the binder laboratory technology at Reasonably expected to conclude the contract. If the damage does not result from the breach of an essential contractual obligation, however, the compensation is limited to a maximum amount of the order value. In this case, further liability is excluded, especially due to lost profit and consequential damages.
9.1 The use risk for ordered goods is in principle the buyer.
9.2 Binder Laboratory Technology is, however, for reasons of goodwill, in individual cases and only after explicit telephone approval, ready to dismiss the customer from the contractual relationship and as far as goods have already been delivered, this against reimbursement of the purchase price without Return shipping costs If they are returned undamaged and unopened at the customer’s expense within one week of delivery.
9.3 For cancellations in accordance with paragraph 10.2, a lump sum of 20% of the value of the goods with Declaration of consent by Binder Laboratory technology shall be due for payment.
9.4 The agreement referred to in point 10.2 is postponed due to the payment of the lump sum referred to in point 10.3.
9.5 Special designs of all kinds cannot be withdrawn for credit. These regulations do not apply if the return is based on a defect in the delivery.
9.6 All products transferred to Binder laboratory technology must be decontaminated by the buyer or the last user if they have come into contact with potentially infectious or harmful material. Decontamination must be confirmed by a signed decontamination certificate attached to the product. The buyer or the last user is fully liable for damages of any kind resulting from a lack of decontamination. Each owner of a device is obligated to pass on this information on sale or transfer.
9.7 Chemicals for disposal is not possible.
10 Purpose of use/obligations of the customer/non-binding advice
10.1 In the case of substances which may only be used in the context of legal or official regulations, the customer’s order shall at the same time be regarded as a declaration that these substances are used exclusively for a permitted purpose. For individual products, binder Laboratory technology must require a Endverbleibserklärung from the buyer to exclude the unauthorized use of the products concerned in case of purchase or resale.
10.2 The legal regulations as well as the laboratory directive have to be observed.
10.3 The products of binder laboratory technology are exclusively intended for research and laboratory purposes. For other uses, in particular for medical use, the goods are expressly not suitable. The customer is therefore to inform persons who come into contact with the delivered goods in accordance with the appropriate possibilities of use. The customer shall be liable for damages incurred by third parties due to a breach of this information obligation. In this respect, binder laboratory technology is also free from all possible claims of third parties.
10.4 Binder Laboratory Technology advises customers to the best of their knowledge within the scope of the given possibilities, but without obligation. Customers must always handle their products on their own responsibility and check for suitability for the intended purposes.
11 Transferability of claims
The customer is not entitled to assign his claims from the contract.
12 Data protection
12.1 The data protection practice of binder Laboratory technology is in accordance with the EU-Datenschutz-Grundverordnung (DSGVO). Binder Laboratory technology promises to treat customer data confidentially and not to pass it on to third parties without the customer’s knowledge.
12.2 In the same way, the customer has to keep all information confidential which he receives from the Binder laboratory technology, manufacturers, suppliers and others and which could be classified as confidential by these persons.
13 Place of performance, legal venue, purchase law
13.1 The place of performance for the obligations of Binder Laboratory technology is Dachau (Germany).
13.2 If the customer is a businessman or has no domicile within the European Union, the place of business of Binder Laboratory technology is the sole place of jurisdiction for all disputes between the Contracting Parties, including for bills of exchange and cheques.
13.3 Only German law shall apply, excluding the provisions of the UN-K
Binder Laboratory technology does not return any packaging material sent by it from the customer.
15 Final provisions
15.1 These general terms and conditions contain all rights and obligations of the Contracting Parties.
15.2 should individual provisions of this contract be ineffective or impracticable or become ineffective or impracticable after the conclusion of the contract, this will not affect the validity of the contract in any other way. The ineffective or unenforceable provision shall be replaced by the effective and practicable regulation, the effects of which are as close as possible to the economic objective which the Contracting Parties have with the ineffective or unenforceable determination. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. § 139 BGB (german law) is not applicable.
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