General information
GENERAL NOTE
The DURAN® laboratory glassware catalogue provides a basic information source for ordering our products. It does not represent a proposal for concluding a concrete agreement and will only serve as the basis for a contract upon explicit inclusion in a contractual relationship. We reserve the right to make changes to technical specifications, article numbers, packaging and design (e.g. due to changes of directives such as DIN standards). The contents of the catalogue have been created with the greatest possible care. However, we can accept no liability for the correctness, completeness and actuality of the contents. The presented replicated images provide an illustration of the article, details may however differ from the actual article.
REGISTERED TRADEMARKS
DURAN®, DUROPLAN®, GLS 80®, KPG®, PRODURAN®, STERIPLAN® and KECK TM are registered trademarks. FIOLAX®, D263®M and AR® glass are registered trademarks of SCHOTT AG. RODAVISS® is a trademark owned by Societe De Soufflage Artisanal Du Verre.
TERMS AND CONDITIONS FOR DELIVERY AND PAYMENT
The following general terms and conditions for delivery and payment shall be applicable in respect of any and all deliveries and services by the DWK Life Sciences GmbH (“us”) to customers provided that the customer receives these deliveries or services as part of its commercial or entrepreneurial activity (the “Customer”). Any conflicting general purchasing terms and conditions of the Customer are hereby expressly rejected. Any such general purchasing terms and conditions shall apply only if we expressly confirm them in writing.
of undisputed or finally determined and legally binding claims. 5.4 The Customer shall, irrespective of any other claims for reimbursement of costs we might have, be obliged to assume any fees, costs and expenses that accrue due to a legally successful enforcement of rights against the Customer outside of the Federal Republic of Germany provided these fees, costs and expenses were required for the enforcement action. 6. Warranties in Respect of Defects and Notification of Defects 6.1 If, despite the greatest of care being taken, the goods give rise to complaints, then, in accordance with § 377 of the German Commercial Code (Handelsgesetzbuch, or “HGB”), obvious defects must be notified without delay, and in any case no later than 14 calendar days after receipt of the goods, and hidden defects must be notified without delay after their discovery, otherwise the goods shall be deemed accepted. We shall not be liable for damage to deliveries through the breakage of glass during transit (“Break-ages”) where the cause of the damage arises after the transfer of risk. In such cases any claim for Break-ages must be made against the carrier or under the policy of transit insurance. We shall not pay compensation for Breakages where the value of the relevant item is EUR 20.00 or less unless the Breakage is due to intentional conduct or gross negligence on the part of ourselves or our servants or agents. We warrant that the goods delivered by us are free of defects at time of risk transfer. The contractually required quality of our delivered goods is based, unless otherwise agreed, on the specifications, drawings or other product descriptions applicable in each case to the ordered articles, which we will provide to the Customer upon its request, possible at any time. 6.2 Claims on the basis of defects as to quality shall become time-barred 12 months after
1. Prices/Terms and Conditions of Payment 1.1 Unless otherwise agreed, the applicable prices are calculated in EURO (EUR), plus an additional amount for VAT as applicable from time to time. Unless special terms are agreed, the prices should be understood to be prices ex works, with no deduction or discount being granted for immediate payment. 1.2 If payment deadlines or dates specified in our order confirmation or otherwise agreed are not met, this will automatically give rise to all of the statutory consequences of default, without any special reminder being required. In particular, we reserve the right to charge interest at the applicable rate charged by our bank for utilised credit if such interest exceeds the interest rate prescribed by statute (9 percentage points above the base lending rate). Furthermore, the entire balance shall become due and payable immediately, irrespective of any payment targets. 2. Delivery Dates and delivery amounts 2.1 We will endeavour to adhere to stipulated delivery deadlines. However, due to the hazards and peculiar features of glass processing, delivery deadlines will not be binding unless expressly agreed otherwise. Our delivery times are subject to our suppliers delivering the correct products to us on time. We undertake to inform the Customer of any unavailability of any of our products without undue delay and will reimburse the Customer any amounts paid in respect of the unavailable products. 2.2 In the case of any custom-made products,
we reserve the right to deviate to a reasonable extent from the agreed quantity. The Customer must take delivery of surplus quantities. A variation of ± 10 % in relation to the ordered quantity shall be deemed as the agreed tolerance. 3. Place of Performance and Passing of Risk 3.1 The place of performance for the delivery is the principal place of business of our respective supplying factory. The place of performance for payment is our principal place of business. 3.2 When goods are transported, the risk (of accidental loss, destruction or deterioration) (the “Risk”) shall pass to the Customer as soon as we have delivered the goods to the carrier chosen by us. 4. Packaging Unless otherwise agreed, we will accept the return of packaging only to the extent that we are obliged to do so under the German Packaging Regulation (Verpackungsverordnung) or other mandatorily applicable legal regulations. 5. Payment 5.1 Unless agreed otherwise, our claim for payment of the purchase price becomes due immediately following receipt of the relevant invoice. 5.2 We reserve the right to assign any claim we may have against the Customer in whole or in part to a third party. 5.3 Any right for set-off or any right of retention may only be asserted by the Customer in respect
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