General Terms & Conditions
Subject matter of the contract when goods as specified in this Webshop or in written offers are sold by abc biopply (abc) to business customers (“Customer”) the terms and conditions of delivery and sale valid at the time the contract is concluded (“Terms and Conditions”) will apply exclusively. The following General Terms and Conditions shall apply as long as no other agreement has been entered into. The Customer acknowledges these Terms and Conditions through each placement of an order with abc and that the Customer’s terms and conditions are not binding upon abc even if they differ from those of abc and/or abc does not contradict them. abc’s Terms and Conditions also apply exclusively even if the Customer’s order contains restrictions or amendments which read otherwise. Additional agreements require abc’s written confirmation. Information supplied verbally or by telephone shall only be binding if confirmed by abc in writing.
All prices are stated in Swiss Francs excluding value-added Tax (VAT, “Mehrwertsteuer”) and shipping costs. Prices are subject to change without notice. Price information is valid for Switzerland only. Payment must be made net within 30 days of the invoice date. Payment to abc is only considered as made in full when the full invoice amount (without any commissions) has been credited to the account of abc. abc is entitled to charge interest for late payment at the rate provided by statute (Art. 104 OR). Costs for reminders (CHF 20) and collection charges are to be reimbursed by the Customer. As long as payments are outstanding from the Customer abc has not obligation to deliver. abc reserves the right to perform subsequent deliveries against cash on delivery or advance payment only.
Retention of Title
The delivered goods remain the property of abc until payment has been received in full. abc is expressly authorised to make a corresponding entry in the retention of title register maintained by the collection office in the Customer’s place of residence (according to Art. 715 ZGB and Art. 4 of the Regulation of the Federal Court). If the Customer is in default with regard to the payment of the purchase price abc shall be entitled to withdraw from the contract (by means of a 30 day written notice of withdrawal) and to take back possession of the goods.
Orders can be placed with abc by phone (verbally), in written form (letter), by FAX or via internet (email, online inquiry form, webshop). The Customer accepts the media used for ordering as legally binding. If an order is placed by phone, the Customer bears the risk of possible misunderstandings. All specifications in the catalogues, brochures, and on the websites of abc’s suppliers are not binding upon abc. No orders may be placed by private customers. There is no right to return or exchange non-listed items ordered on behalf of a Customer. By placing an order, the Customer automatically accepts abc’s Terms and Conditions.
Packaging, mode and way of shipment are at the sole discretion of abc. Depending on the nature of the goods ordered, abc will determine the proper way of shipping and conditions. Goods with a value of more than CHF 200.00 will be registered for shipment and a surcharge of CHF 2.00 applies.
For goods shipped at ambient temperature or on blue ice, the following charges apply for shipments within Switzerland:
up to 2 kg, 9.00 CHF
up to 5 kg, 11.00 CHF
up to 10 kg, 12.00 CHF
up to 20 kg, 18.00 CHF
up to 30 kg, 25.00 CHF
For shipments > 30 kg, effective costs will be charged.
Dry ice will be invoiced with 50.00 CHF per containment. Transport via Swiss Express “Mond”:
up to 1 kg, 16.00 CHF
up to 2 kg, 18.00 CHF
up to 5 kg, 20.00 CHF
up to 10 kg, 24.00 CHF
up to 20 kg, 27.00 CHF
up to 30 kg, 30.00 CHF
Swiss Express “Mond” delivers between 07:00 - 09:00. Dry ice shipments that can not be delivered at this time, will be sent by truck. Charges are between CHF 49.00 and CHF 84.00 depending on postal code (distance) and up to 30 kg.
Freight charges for international shipments will be passed on to the Customer. If heavy goods are shipped (e.g. Media), additional freight charges will apply. The goods are delivered to the address within Switzerland as indicated by the Customer. During shipment, the goods are insured by abc biopply. Upon delivery to the Customer, the risk for the goods passes to the Customer. abc biopply waives any responsibility for shipments which may not be delivered to the Customer during normal business hours (08:00-17:00 hours). Partial deliveries are permissible. The transportation of flammable, corrosive, poisonous, or foul smelling material may be subject to certain restrictions. When placing an order with abc, the Customer confirms to comply with all laws and regulations applying to poisonous substances.
abc is striving to deliver as fast as possible. However, the delivery dates indicated are not guaranteed by abc. Delivery times are subject to product availability and shipment terms of abc’s suppliers. The Customer acknowledges that from time-to-time even those products designated as “in stock” on the websites of abc’s suppliers may not necessarily be available at the time of order placement. If unforeseeable circumstances (e.g. operational interruptions, transportation interruptions, strike or lockout) prevent abc from complying with its obligations, the delivery time will be extended accordingly and abc will inform the Customer. If shipping becomes impossible due to unforeseeable circumstances, abc is released from its obligations. In such cases, the Customer shall be entitled to withdraw from the contract. Delivery periods set by the Customer shall not be binding unless explicitly confirmed in writing as fixed dates of delivery by abc. abc cannot be held liable for any consequential damage resulting from incorrect or delayed deliveries.
Warranty and Liability
The warranty period is 24 months and the warranty exclusively covers material and/or manufacturing defects. The warranty will lapse if the instructions for handling and using the products supplied, in particular but not limited to recommended stock temperatures given on the packaging of abc’s products etc. are disregarded. If abc delivers custom goods to a Customer based on instructions, specifications, or other directions given by the Customer, abc shall not be liable for the lack of sufficiency, fitness for a particular purpose or quality of the goods to the extent attributable to such instructions, specifications, or other directions. Liability for damages is expressly excluded insofar this is permitted by the applicable legal provisions. In particular, abc shall not be liable for damage that can be attributed to improper use or for damage that does not affect the delivered product itself (consequential loss due to defect).
Claims and Complaints
Upon receipt of the products, the Customer shall inspect them without delay and notify abc in writing of any claims for order or shipping errors, shortages, defects or damages within 5 working days and shall hold any such goods for disposition as per abc’s written instructions. Claims for defects which become apparent only later (despite an immediate and correct check) must be made as soon as they are discovered but at latest within 24 months. If no notice of defect is received in a timely manner, the products shall be deemed to have been taken over free of any defects. If a claim for a defect or incorrect delivery is found, the goods will be replaced, adjusted or refunded at abc’s sole discretion. Claims for defects do not release the Customer from its payment obligations. In the event abc has not produced the product supplied itself, the refund to the Customer shall be limited to the amount abc has received from the third party which has supplied the product to abc.
All returns and replacements shall be handled as follows: If a claim for a defect or incorrect delivery is found, products may be returned within 30 days for replacement, adjustment or refund at abc’s sole discretion. Return shipments without abc’s prior written approval will not be accepted. abc will grant full refund for: (1) products not supplied in accordance with the Customer’s orders; and, (2) products which are defective at the time of receipt. abc will grant partial refund for products ordered in error by the Customer. A 60% restocking plus handling fee will be charged. In such case, products can only be returned in their original packaging within 5 working days. abc will not grant a refund for: (1) products which have been discontinued; (2) products which are personalized or customized; (3) Non-Distributor line products supplied to the Customer as an accommodation, including, without limitation, third party purchases; (4) products not purchased from abc; (5) products which are outdated, shelf-worn, used or defaced and, therefore, unsuitable for return to stock and resale as new; (6) reagents, diagnostics, or chemicals which have been opened and (7) if, upon return, such product is determined by abc not to be defective.
Suitability Information of Products
Products delivered by abc are in accordance with the guarantee certificates or specifications in the catalogues of abc’s suppliers or on the label. In case of discrepancies, the information on the label is considered relevant. The Customer must make sure and confirms to comply with legal requirements for all specific products (e.g. GMP guidelines, legislation applying to food etc.. The general illustrations, substance information, weights and measures serve as information and do not constitute a warranty for the supplied quality. All information has been carefully researched by the manufacturer. Nevertheless, abc waives any responsibility for its accuracy.
Information and Advice without Obligation
Information on processing and application possibilities for the products distributed by abc, technical guidance and other data, are given according to the best of abc’s knowledge. However, they are not binding, and any liability shall be excluded. In particular, abc’s free verbal or written application consultation does not relieve the customer from checking the materials himself for their fitness and suitability for the intended processes or purposes.
The purchase of products distributed by abc does not constitute a licensing of abc’s patent rights in any form or of the patent rights of its suppliers. The export of goods purchased from abc can result in violations of the commercial patent rights of third parties and abc waives any liability for such actions by the Customer.
abc reserves all rights to all designs, texts and graphics on its website. Copying or otherwise reproducing the entire website or parts thereof is only permitted for the purpose of placing an order with abc. The name of “abc biopply AG”, all page headings, navigation bars, graphics and icons are registered trade marks or brands of abc. All other trade marks, product names/logos that feature on this website are the exclusive property of the relevant rightholders. abc reserves the rights of ownership and copyrights to pictures, drawings, calculations and other documents. The Customer must obtain the explicit written consent of abc before passing these on to third parties.
abc confirms that the provisions of the Swiss Data Protection Act and the relevant legal provisions will be observed during the collection, processing and use of personal data. Customer data acquired during the processing of the order will only be used to ensure a proper transaction. This data will only be passed on the abc’s contracting parties to ensure the proper performance of the services (order processing). The Customer expressly confirms that he agrees to this data being used in this way.
abc and the Customer agree to keep confidential and not to disclose any technical, professional and pricing information of the other party to any third party without the prior written permission of the other party. This also applies to any information obtained during discussions, negotiations or exchanged verbally or in writing in relation to goods or deliveries.
Applicable Law and Jurisdiction
Through each placement of an order, the Customer exclusively accepts abc’s Terms and Conditions valid at the time the contract is concluded. These Terms and Conditions and the contracts concluded on the basis thereof shall be governed by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG). Exclusive place of jurisdiction is Solothurn, Switzerland.
Solothurn, September 2016