Terms

TERMS AND CONDITIONS

General Terms & Conditions for deliveries and services from Altmann Analytik GmbH & Co. KG

1. General

The following general sales conditions (GT&C) apply for all sales, deliveries and offers from Altmann Analytik GmbH & Co. KG (“ALTMANN”) also in the framework of the website under www.analytics-shop.com, unless otherwise agreed upon in writing. When the contract is awarded, the purchaser acknowledges the following conditions. The buying conditions of the purchaser do not obligate ALTMANN even if ALTMANN has not expressly objected to them. Only these GT&Cs apply even if the purchaser’s order contains other limitations or supplements.

2. Prices

Indicated prices are always the net price without sales tax. The price calculation is done at the supplier’s offices in EUR plus the respectively applicable sales tax. The prices in our internet catalog are intended as non-binding, orientation information.

3. Awarding the contract

Offers and contracts are only legally binding if they have been confirmed without reservation in a written order confirmation by ALTMANN or when ALTMANN has sent the goods to the customer with an invoice. Special requirements or specifications must be repeated in every order. Offers are non-binding.

4. Minimum order value

The minimum order value is currently 150.00 EUR (plus the statutory sales tax). For orders below this value limit, ALTMANN – unless otherwise agreed upon – shall charge a processing fee of 12.50 EUR (plus the statutory sales tax) for deliveries to Germany. The costs for international deliveries can be found in the sales and delivery conditions.

5. Delivery

Shipping is always at the risk of the purchaser. The risk is transferred to the customer as soon as the goods leave ALTMANN’s delivery site. The risk is also transferred to the purchaser when shipped from ALTMANN’s headquarters if a freight-free delivery is agreed upon. Special transport and freight costs shall be paid by the purchaser.

6. Delivery deadline

The delivery times provided by ALTMANN in offers and orders are always non-binding, unless they have been expressly confirmed by ALTMANN in writing as a “binding delivery date”. Insofar as force majeure or circumstances that are caused by the primary supplier or the purchaser exist, the delivery deadline extends in an appropriate scope or ALTMANN can withdraw from the obligation to deliver. The delivery by ALTMANN is subject to the delivery by the primary suppliers. ALTMANN shall notify the purchaser immediately if a delivery from a primary supplier is not made and reimburse already received payments. Partial payments and partial deliveries are permissible in a reasonable scope. Installment payments may only be invoiced in a reasonable scope. In case of a delay in delivery, the purchaser, upon our request and within a reasonable deadline, is obligated to declare whether he/she still insists on the delivery or wants to withdraw from the contract due to the delay and/or demands compensation for damages instead of the service. The purchaser is only authorized to enforce further rights in cases of delays of the delivery caused by ALTMANN if a grace period of at least two weeks after the onset of the delay has been fruitless.

7. Packaging

The delivery is always including manufacturer packaging. ALTMANN selects additional packaging based on the respective requirements. Additional costs incurred due to product-specific features or additional packaging are invoiced separately. Purchaser packaging can only be used with prior consent. Returning packaging in the framework of the statutory provisions is only possible after prior agreement with ALTMANN.

8. Data protection

ALTMANN is authorized to process and store all relevant data pertaining to the purchaser for its own purposes in compliance with the provisions in the German Data Protection Act.

9. Complaints and guarantee

The purchaser must inspect the goods immediately after receipt to ensure that the quality and quantity fulfills the contractual agreements. Defects that can be determined by a proper inspection of the goods and deliveries that deviated from the ordered goods or quantities must be registered as complaints within fourteen (14) days after receipt of the goods. Hidden defects must be reported to the supplier however at the latest twelve (12) months after receipt of the goods. If the purchaser does not register the complaint on time, the goods are considered accepted by the purchaser with regards to the quality and quantity. With regards to the guarantee and/or goodwill services, ALTMANN refers to the respective conditions of the manufacturer. Rejected goods may only be returned with permission from ALTMANN. If the purchaser reports the defects or rejects the delivery of other goods than those ordered, the goods will be exchanged by ALTMANN or returned and the purchase price reimbursed. If in case of an exchange of goods, the replacement goods are also defective, ALTMANN shall grant the purchaser the right to withdraw or reduce the price. If incorrect quantities are reported in time, ALTMANN has the option of making subsequent deliveries or reimbursing accordingly.

10. Return shipments

If an order is canceled by the purchaser prior to delivery, ALTMANN is authorized to charge the purchaser for all costs that are incurred due to the cancellation. This applies in particular to cancellation and withdrawal costs for which we are invoiced by our suppliers. Return shipments of goods that are defect-free and for which we are not responsible may only be shipped with our express consent, postage paid, to our warehouse. For the costs we incur, we are authorized to charge a processing fee of up to 15% of the value of the goods, but at least 15.00 EUR plus sales tax or to deduct this from the credit.

11. Liability

Notwithstanding the provisions pertaining to the guarantee and other special regulations in these provisions, the following applies in cases of a breach of obligation by ALTMANN: a) The purchaser must grant ALTMANN a reasonable grace period of at least 2 weeks to remedy the breach of obligation. b) Only after the post-fulfillment has been unsuccessful and the grace period is over, may the purchase withdraw from the contract and/or demand compensation of damages. c) Claims for damages are excluded unless otherwise stated in the following: aa) Claims for damages by the purchase with regards to the liability for damages due to the loss of life, limb or health resulting from a negligent breach of obligation by ALTMANN or an intentional or negligent breach of obligation by a legal representative or fulfillment assistant of ALTMANN are neither excluded nor restricted. bb) The purchaser may only demand compensation of damages in cases of grossly negligent breaches of obligation by ALTMANN or grossly negligent or intentional breaches of obligation by a legal representative or fulfillment assistant of ALTMANN or in case of breach of major contractual obligations. In cases of culpable breach of major contractual obligations, ALTMANN is liable – except in cases of gross negligence or intent – only for typical contractual, reasonably foreseeable damages. cc) The exclusion of liability also does not apply in cases in which liability is assumed in accordance with German product safety laws when errors in repairs for personal damages or damages to property of privately used items are assumed. It also does not apply if characteristics are missing that were expressly ensured in writing, if the assurance served the express purpose of securing the customer against damages that did not arise on the object itself. dd) In case of liability due to a breach of obligation from the product safety laws, there is an obligation to replace only for damages caused by the intentional or grossly negligent breach of obligations. The liability is – insofar as permissible – limited to the value of the product.

12. Payment conditions

Payment obligations due to goods deliveries must be fulfilled within thirty (30) days from the date of invoice without deductions. For payments made via wire transfer or check, the payment obligation is only fulfilled when the invoice amount has been credited to ALTMANN’s bank account. If the target is exceeded, ALTMANN is authorized to charge interest in the amount of the common bank interest, however, a minimum of 8 percent points above the respective base interest rate. ALTMANN is authorized to demand advanced payment.

13. Retention of rights

All goods delivered by ALTMANN remain the property of ALTMANN until the purchaser has paid the entire purchase price resulting from the mutual business relationship. When the purchaser processes the goods delivered by ALTMANN, ALTMANN is considered the manufacturer and acquires the ownership of the newly created goods. The purchaser herewith cedes, for security, all receivables resulting from the sale of goods to which ALTMANN holds ownership rights in the scope of ALTMANN’s ownership share of the sold goods. The purchaser must immediately inform ALTMANN of any restriction of its rights to the goods it owns, in particular seizures and other confiscations. If the purchaser does not fulfill its obligations toward ALTMANN in the full scope, the goods must be returned if ALTMANN requests without ALTMANN withdrawing from the contract.

14. Non-binding consultation

ALTMANN consults its customers with regards to application to the best of its ability in the framework of the circumstances; this consultation is, however, non-binding. This applies in particular with regards to the compliance with any and all third party trademark rights. The recommendations from ALTMANN do not release the customer from the requirement of inspecting the products autonomously for suitability for the intended purpose.

15. Property rights

The contents on this website, in particular the images, are the property of ALTMANN or third party providers and may only be used for your purposes with our express permission.

16. Applicable sales law

The contractual relationship is subject to the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

17. Place of fulfillment

The place of fulfillment for ALTMANN’s obligations is Munich. The place of fulfillment for the purchaser, in particular for the payment, is Munich.

18. Jurisdiction

For all disputes resulting from the contract relationship, if the purchaser is a merchant, a legal entity under public law or a separate estate under public law, Munich is the sole place of jurisdiction.

19. Validity of individual provisions

Should individual provisions be invalid, the applicability of the remaining provisions is not affected.

Last updated in June 2013.

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Altmann Analytik Gmbh & Co. KG
Rupert-Mayer-Str. 46
81379 Munich Germany

Tel. +49-89-7167731-00
Fax +49-89-7167731-11
E-Mail: info@altmann-analytik.de

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