Terms and Conditions
1. Scope and Validity
Unless the contracting parties have expressly agreed otherwise in writing, these “General Terms and Conditions” shall apply mutatis mutandis to all deliveries of products and services. By placing an order, the customer acknowledges all provisions of these General Terms and Conditions.
2. Prices
Unless expressly agreed otherwise, all prices are ex works, excluding packaging and loading. The value-added tax at the respective statutory rate as well as any other taxes, fees, duties, and other charges at the time of delivery/performance shall be borne by the customer and will be invoiced to them additionally. The same applies to packaging costs, freight costs, and the costs of transport insurance, which we take out at the customer’s explicit request.
3. Delivery
All products are delivered immediately if in stock. Otherwise, a written order confirmation will be sent by email or fax with the estimated delivery date.
Unless expressly agreed otherwise, delivery periods and dates are always considered approximate. An undershoot or overshoot of up to four weeks is still considered on time. Compliance with delivery dates and delivery periods is further dependent on the customer’s fulfillment of their contractual obligations, such as payment terms and other conditions.
For service projects, a mutually binding written schedule will be created together with the customer. Deviations from this schedule require mutual written consent.
4. Payment
Unless otherwise agreed, the agreed price is due for payment within 30 days of delivery or project completion against invoicing by Hämosan without any deduction in the agreed currency to the account specified by Hämosan. The date of payment is the date of full receipt of payment in Hämosan’s account. Checks and bills of exchange are only accepted for payment after separate agreement. Any associated fees and expenses of any kind shall be borne by the customer. The customer is not entitled to offset or withhold due payments due to warranty claims or other counterclaims.
If the customer is in default with a due payment, Hämosan may charge default interest at a rate of 8% above the value of the 3-month EURIBOR at the time of maturity plus processing fees.
The goods remain the property of Hämosan until full payment. Any resale occurs for the benefit of HÄMOSAN® Life Science Services® GmbH.
5. Complaints
Products:
In the event of a defect, the customer is entitled to demand a reduction of the purchase price or cancellation of the contract. No returns will be accepted without our consent.
Obvious defects must be reported in writing within 14 days of receipt of the goods, hidden defects within 14 days of their discovery. Later complaints will no longer be considered.
Services:
By accepting the final report, the customer acknowledges the delivery of services both in terms of content and scope. Complaints after acceptance of the final report will not be accepted.
6. Force Majeure
The occurrence of unforeseeable circumstances or circumstances independent of the parties’ will, in particular all cases of force majeure, entitle Hämosan to extend delivery dates and periods in accordance with the extent and duration of these circumstances and their consequences without granting the customer a right of withdrawal from the contract or a claim for damages. However, if such circumstances exist, Hämosan is also entitled to completely or partially cancel the order without the customer being able to derive any claims for compensation therefrom.
7. Homepage (Website)
The following declaration applies to all links on Hämosan’s website to other websites on the Internet: Hämosan expressly emphasizes that it has no influence whatsoever on the design and content of the linked pages. Therefore, Hämosan excludes any liability for the content of linked pages.
8. Final Provisions
All legally relevant declarations by the customer to Hämosan must be in writing to be legally effective. Apart from the powers vested in Hämosan by law or contract, Hämosan is entitled to withdraw from the delivery contract without setting a grace period if insolvency or composition proceedings or preliminary proceedings in accordance with the Composition Procedure are opened against the customer’s assets or an insolvency petition is rejected due to lack of assets to cover costs or if the customer suspends its payments.
The contract and all legal relationships are exclusively subject to Austrian law.
The provisions of the Vienna Convention of the United Nations of 11 April 1980 on Contracts for the International Sale of Goods (Federal Law Gazette 1988/96) do not apply. The provisions of the currently valid version of the INCOTERMS (International Rules for the Interpretation of Trade Terms of the International Chamber of Commerce) at the time of the conclusion of the contract shall apply, unless the delivery contract or these General Terms and Conditions stipulate otherwise. The exclusive place of jurisdiction for all disputes arising from and in connection with the delivery contract as well as the entire legal relationship between the customer and Hämosan is the competent court in Fürstenfeld, Austria.