General terms and conditions
Area of Applicability
The following General Business Terms and Conditions apply to LubioScience GmbH as long as no other agreement has been entered into. The buyer shall accept the following terms and conditions upon acceptance of an order. These General Business Terms and Conditions supersede any buyer’s procurement terms and conditions. For the sake of clarity, our General Business Terms and Conditions apply even if the buyer’s order contains restrictions or amendments which read otherwise.
The prices in our lists and on this website are selling prices for Switzerland without value-added tax (VAT). The prices are not binding unless confirmed in writing by our customer service department. All prices and charges are in Swiss Francs.
Shipping and handling charges
Switzerland: Goods sent by Swiss Post will be charged at CHF 30.00 for shipping. For shipments including Blue Ice, we charge an additional fee of CHF 30.00 and for Dry Ice shipments additionally CHF 40.00.
EU Europe: CHF 100.00 per shipment at room temperature, CHF 160.00 per shipment with Blue Ice and CHF 200.00 per shipment with Dry Ice.
Rest of Europe: CHF 100.00 per shipment at room temperature, CHF 180.00 per shipment with Blue Ice and CHF 220.00 per shipment with Dry Ice.
Rest of World. CHF 130.00 per shipment at room temperature, CHF 210.00 per shipment with Blue Ice and CHF 290.00 per shipment with Dry Ice.
The costs of international shipping will be voided if an account no. of a courier is provided when ordering (e.g. FedEx, TNT, UPS, DHL)
Orders must be placed via our webshop, via email or fax. Orders placed via phone must be confirmed in writing. Orders are only binding if they have been confirmed by us in writing or if we have sent the goods and invoice to the buyer. Special requests – for example for wrapping, shipping, and quality – must be resubmitted with each order. Orders from private parties cannot be accepted. Non-listed items purchased on behalf of a customer may not be returned for exchange.
Promotions (discounts, price reductions, 3 for 2 promotions, free samples) are subject to product availability and are non-binding. Promotional discounts are only valid once confirmed by us in writing.
All transports are insured under an “All Risk” – Insurance. We select the packing material and despatch method according to prevailing requirements. Additional costs resulting from special packing or shipping requests (e.g. express shipping) are charged separately on the invoice. If unforeseeable circumstances hinder us in the fulfillment of our obligations, the delivery time will be extended accordingly if the delivery or provision is still possible. Unforeseeable circumstances include, for example, operational interruptions or transportation interruptions irrespective of whether these take place in our facilities, at our suppliers, or at the forwarding agent involved. If shipping or service provision becomes impossible through the above circumstances, we are released from our obligations. The delivery time will also be extended appropriately in case of a strike or lockout unless delivery or service provision is impossible; if shipping or service provision becomes impossible through the above circumstances, we are released from our obligations. Our obligation is suspended as long as the buyer is in arrears with payments. Special orders can result in supply over- or under-runs; no objection may be raised when quantities are within 10% of the amount ordered. International customers receive a tracking number on the day the goods are despatched and they have to take the full responsibility as soon as the parcel will be at the customs process. LubioScience will not take responsibility in case of a delay at the customs due to non-payment of import charges. The customer is committed to make sure that the shipment will be delivered as soon as possible, to contact the customs agent immediately in case of any exception or delay.
Claims, Complaints, Guarantee, and Liability
The buyer must check the goods as soon as they are received to determine whether they match the items ordered and the quantity is correct. Any shipping damage must be reported to the forwarding agent immediately and a damage report must be filed. Furthermore, all complaints must be placed at LubioScience in written form. Defective or incorrect goods must be reported within 24 hours after the receipt of said goods. Claims for defective goods do not release the buyer from a payment obligation. Defective goods may only be returned with our expressed agreement and no return shipments will be accepted without prior written approval from LubioScience. For incorrect shipments where the buyer is at fault, a 25% restocking and handling fee will be charged. If the buyer has filed a claim for defective or incorrect goods on time and if the claim is founded, the goods will be replaced or refunded at our discretion. Irrespective of the nature of the damage to delivered goods and the party responsible for the damage, our liability is limited to the invoiced amount for the damaged product(s).
Payment Terms and Conditions
Payments for delivered goods are due net 30 days from the date of the invoice. The obligation to pay is only considered as fulfilled when the invoiced amount has been credited to our bank or postal account. We are entitled to charge late interest at going bank rates for late payments. Cash discounts lapse in principle even if prepayments or payment without making use of a payment objective is made. We may demand prepayments or guarantees when initiating a new business relationship. We may also demand prepayments if a payment deadline is missed or doubts about the customer’s creditworthiness exist; in these cases, we can also retract payment deadlines already established. For foreign payments and bank transfers, the amount due is only accepted without any deduction, clear of charges.
All goods delivered by us remain our property until the buyer has met all obligations resulting out of the mutual business relationship. We are entitled to record our ownership reservation with the public registry maintained by the collection office in the customer’s place of residence should we consider this necessary.
No Obligation Advice
We advise our customers about technical applications and solutions in good faith within the scope of our possibilities but without obligation. This applies especially in regard to observing any protective rights of third parties. Our suggestions do not release our buyers from the requirement to check the suitability of our products for their intended purpose at their own risk and responsibility.
The purchase of our products is not linked to licensing of patent rights in any form. We would like to specifically point out that the export of our goods can result in violations of the commercial patent rights of third parties and we assume no liability for such actions. The brand labeling with the ® means that the labeled brand is protected in the product’s country of origin. In individual cases, brands are protected in other countries as well.
Suitability Information and Transportation Requirements for Chemicals, Diagnostics, and Reagents
The chemical products delivered by us comply with the guarantee certificates or specifications in the catalogues or on the label. In case of discrepancies, the information on the label is considered final. The buyer must establish suitability for products which are to be made from them (e.g. through a pyrogen test) and whether they comply with the legal requirements (e.g. GMP guidelines, food laws) himself. The specification for chemical products, which extends only to the named materials and values as well as the listing of pharmacopoeia information and e-numbers and statements in terms of suitability are related solely to the specified product characteristics according to the contract; they do not contain any assurances against possible consequential damages for defects. The general illustrations, substance information, weights, and measures serve as information and are not binding for the supplied quality. All information has been carefully researched by the manufacturer, but we assume no liability for its accuracy. The transportation of flammable, corrosive, poisonous, or foul smelling material is subject to certain restrictions. We refer you to the various ordinances in force concerning the transportation of dangerous materials. We assume that customers, who order products subject to laws regulating poisons, are entitled to do so and comply with the applicable regulations.
LubioScience GmbH and the buyer acknowledge and grant confidentiality and non-disclosure of technical, professional and pricing information about the other party to a third party, without prior permission in writing. This also holds true for information obtained during discussions, negotiations or exchanged verbally or in writing in relation to goods or deliveries. Voiding of Individual Terms or Conditions Should individual portions of these General Business Terms and Conditions be voided, this shall not affect the validity of the other terms and conditions.
These General Business Terms and Conditions supersede and earlier Terms and Conditions or price lists and catalogues. By placing an order with LubioScience the customer acknowledges to be bound by these General Business Terms and Conditions. These General Business Terms and Conditions are subject to Swiss law.
The courts of Zurich have jurisdiction over all conflicts arising from this contractual relationship.
Zurich, January, 2018.
We may demand prepayment or payment via credit card for first time customers. Credit card payments may also be made via our webshop. Out IT infrastructure is certified at yearly intervals and is compliant with PCI-DSS SAQ.