General Terms and Conditions - Biokat Systeme

Area of application

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to the shipment of all products, service deliveries and all other deliverables of BioKat Systeme GmbH.
In its current form the GTC are also effective for future transactions, even if they are not forwarded or enclosed for the customer in individual cases. Subsidiary agreements explicitly require the written form.

Quotation and Order confirmation

All quotations of BioKat Systeme GmbH are subject to change. Unless otherwise agreed, written quotations are valid 14 days from quotation date. Quotations are based on the respectively valid price list. The contract is concluded when the order has been received and adopted by BioKat Systeme GmbH.

Contract Withdrawal

Within 7 days after BioKat Systeme GmbH has adopted the order, the customer may withdraw from the contract. After this period, a cancellation fee of 15% of the order value, however not less than the costs of the expenditures incurred.
Exempt hereof is the product group Life Tuner; in this case the customer has a 30-day money-back guarantee. If the goods are returned undamaged within 30 days, the customer will be reimbursed the entire purchase price excluding possible shipping charges within 8 working days.

Prices

All prices mentioned in quotations or order confirmations are net prices in Euro. Shipment, packaging and handling, transport insurance, possible customs- and bank fees as well as the statutory VAT will be charged separately. The prices are “ex works” Lahr. For installment purchase different policies apply.

Delivery

BioKat Systeme GmbH delivers “Ex Works”. Delivery times- and dates are considered as roughly agreed. Due to force majeure, strikes or other unexpected events, such as government intervention or delays in the delivery of essential parts and components, the delivery may be delayed. Compensation claims by the customer cannot be derived for extra delivery time. In case of delivery delays of more than 3 months, the customer has the right to withdraw from the contract. Biokat Systeme GmbH endeavors to carry out the orders as quickly as possible and shall be entitled to make partial deliveries in specific cases.

Shipping and transfer of risk

The choice of dispatch route- and mode is effected by and at the discretion of BioKat Systeme GmbH. Biokat Systeme GmbH endeavors, to consult the customer’s wishes adequately. All shipments are at the buyer’s risk; even in case of carriage paid to (CPT) deliveries. Provided the buyer does not object in written form, BioKat Systeme GmbH will negotiate an adequate transport insurance for all deliveries. For actuarial reasons, the shipment of the goods must be effected in the original packing. Shipments to countries outside the EC are generally delivered duty unpaid.

Payment

Unless otherwise agreed, payment shall be made without deduction in accordance with the payment terms stated on the order confirmation respectively invoice, In general, for new customers and customers outside of Germany payment in advance applies. If the time allowed for payment is exceeded, BioKat Systeme GmbH is entitled to claim a default interest of 8% above the base rate of the European Central Bank (ECB), after default has occurred. Additionally, BioKat Systeme GmbH reserves the right to charge default charges.
Short deliveries do not exempt from the obligation to pay.

Reservation of title

The items supplied remain the property of Biokat Systeme GmbH until all claims of the business transaction have been fulfilled. The customer is obliged to treat the reserved goods with care and to insure them adequate, in particular against fire, water damage and theft.

If the buyer is in default complying with the claims out of the business transaction for more than 1 month, BioKat Systeme GmbH is entitled to recall the goods.
Regardless of the buyer’s payment obligation, BioKat Systeme GmbH is entitled to utilize the repossessed goods by discretionary sale at the best possible rate. For the protection of the next buyer, BioKat Systeme GmbH may levy a test fee.

Warranty

The warranty periods for our products are 24 months within the EC and 12 months outside of the EC for new goods (excluding measurement electrodes and batteries, where a warranty of 6 months applies.). For used- and demonstration devices the warranty period is 12 months. The warranty period starts from the date of delivery. It shall not apply for natural wear and tear or improper handling. BioKat Systeme GmbH is not liable for damages arising from non-compliance to the instruction manual or incorrect operation by the buyer. The warranty is void if the buyer or a third party carries out repairs or other product modifications without the authorization of BioKat Systeme GmbH. Otherwise the statutory warranty claims of the German Civil Code (BGB) pertain.

Liability

Biokat Systeme GmbH is liable for damages caused by its employees either intentionally or through gross negligence. Obvious defects, damages or partial deliveries must be immediately reported to BioKat Systeme GmbH in writing however no later than within 2 days of receipt of goods. Hidden defects must be reported in writing immediately after their discovery.
In case of approved complaints, the buyer is entitled to rework or replacement if required.

Privacy

The data necessary for the business transaction is stored and as part of the ordering process, passed on to affiliate companies where required. Naturally, all personal data is treated confidential. For the purpose of credit check- and rating as well as for marketing purposes, we maintain data exchange with other group mail order- as well as service companies and credit bureaus (Schufa) where required. Your legitimate concerns are thereby taken into account.

Place of fulfillment

For shipments and payments the place of fulfillment and jurisdiction is Lahr/Schwarzwald. The contract is subject to German law to the explicit exclusion of the United Nation’s treaty on contracts concerning the international sale of goods. The validity of the general terms of sale, payment and delivery of Biokat Systeme GmbH will be retained, even if individual clauses are no longer valid or the treaty text contains loopholes. In this case, the parties will replace or supplement the ineffective or incomplete provision by appropriate provisions. The validity of the remaining provisions shall remain unaffected.

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