Terms & Conditions
With placement of an order, the buyer accepts the general conditions of sales and delivery which become integral part of the sales contract.
1. Trademarks and Distribution
The products distributed by PROGEN Biotechnik GmbH are trade-marked goods and may be sold only in original packaging.
PROGEN in vitro diagnostic products (IVD) are only for resale in EU/EFTA-countries and Turkey. The Buyer is obliged to comply with the relevant laws regarding the IVD directive when reselling IVD
All quotations and offers are valid subject to confirmation. PROGEN regards orders placed as binding if and when acknowledged in writing or responded to by shipment of the goods and invoice.
Prices are invoiced in € or US$. The prices charged will be the prices effective at the date of invoice. All prices quoted are exclusive of VAT (value-added tax) which will be charged were appropriate and at the applicable rate. PROGEN reserves the right to alter prices without prior notice and does not accept responsibility for printing errors in catalogues or quotations. The above does not apply to prices negotiated in distributor contracts. Shipping costs are charged to the customer and listed separately on the invoice.
PROGEN determines the kind of packaging and method of shipment (postal service, courier service, airfreight etc.) unless negotiated otherwise with the buyer. If shipments are damaged in transit, the forwarder has to confirm the nature and extent of the damage prior to accepting the shipment. This confirmation has to be transferred to PROGEN immediately. If PROGEN becomes unable to meet contractual obligations due to events beyond PROGEN´s power and control, e.g. force majeure, rationing or scarcity of raw materials, transport and loading difficulties or delays, strikes and other disturbances, including unforeseen inability of suppliers to provide parts or materials, PROGEN is entitled to repeat shipment in an acceptable period of time after placement of the order or to withdraw from its contractual obligations altogether, without the buyer having the right to claim damages against PROGEN. If the delay is caused by other than the aforementioned events and if this delay resulted in confirmed damages to the buyer, PROGEN´s liability is limited to intentional or gross negligent breach of contract by PROGEN. Partial shipments are admissible.
5. Transfer of Risk
The risk is transferred to the buyer as soon as the shipment has been taken over by the forwarder or has left our warehouse for shipment. If shipment becomes impossible through no fault of ours, the risk is transferred to the buyer at the time of shipping advice.
6. Payment Terms
Invoices are due 30 days after date of invoice, unless negotiated otherwise. PROGEN reserves the right to change terms and conditions of payment at its discretion. If an account is not settled within the terms of contract, PROGEN is entitled to stop deliveries or ship only against prepayment.
7. Warranty and Liability
PROGEN has to be notified immediately after receipt of shipment of any defects or shortcomings of goods received. Hidden defects have to be reported immediately upon detection. Claims have to be filed within the legal period of 6 months. In case of genuine defects, PROGEN is liable to replace the goods or to take the goods back against refund of the purchase price. If PROGEN fails to replace the goods or fails to refund the purchase price, the buyer has the right to claim reduction or to withdraw from the purchase agreement. Any and all liability above and beyond this is excluded - in particular for consequential and indirect damage, injury and losses except in case of gross negligence. In no case, however, does PROGEN´s liability extend beyond the potential damage, injury or losses that are foreseeable at the point in time at which the purchase agreement is concluded.
8. Right of Return
All goods purchased from PROGEN may be returned within 14 days against complete refund of purchase price, provided that the goods and packaging have not been tampered with. Therefore, please handle the goods/packaging with care. Should there be any evidence that the goods have been tampered with, the buyer has to refund us the complete price of the good or the reduction of value, as stipulated in the German "Fernabsatzgesetz" (mail-order law). If the buyer withdraws from the purchase, for orders up to € 55 he has to pay all shipping charges (applicable at the time of return shipment is the purchase value of the merchandise at the time of purchase, not the total value of the order). The "Fernabsatzgesetz" stipulates that the shipping charges are refunded to the buyer if the following provisions apply:
- back shipment is made from a German delivery address,
- the buyer withdraws from the purchasing contract in writing or via e-mail within 14 days after receipt of the goods or
- return the goods to us.
9. Proprietary Rights
All goods supplied by PROGEN shall remain the property of PROGEN until paid for in full. No rights or retention or lien on property owned by PROGEN are admissible. No rights or claims may be set against claims held by PROGEN unless the former are undisputed or have been confirmed by a court of law.
10. Data Protection
a. In accordance with the data protection rules and regulations, all personal data transmitted to us is protected without time limit. With your consent, we only store customer data base-related data and order information. We do not sell personal data of customers and do not make the data available to third persons, with the exception of partner companies, assisting us in the handling of the order and also being bound to adhere to the data protection standards.
Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at http://www.google.com/intl/en_uk/analytics/privacyoverview.html. Please note that on this website, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).
11. Applicable Law, Place of Fulfillment, Partial Invalidity
For all disputes, the law of the Federal Republic of Germany applies. Place of fulfillment shall be Heidelberg, Germany. Any disputes shall be referred to the jurisdiction of the courts of Heidelberg. If individual clauses of these conditions of sale and delivery should prove to be null and void, this shall not affect the validity of the rest of the conditions. In this case, a clause that meets the legal requirements and reflects the contents of the invalid clause as closely as possible shall be substituted for the invalid clause.