Valid are the business terms of CHEMOS GmbH (afterwards called „seller“). The products are exclusively sold to experts, research institutes, registered companies, schools and universities.
Offers are strictly without obligations unless and until the opposite is explicitly noted.
2. Pricing and freights, tolls and charges
Prices are to be understood net ex factory. The costumer pays all costs of tolls and charges. Prices are calculated due to costs and freights at the day of the order. Subsequent increases of the existing costs are to the buyer’s account. Charging of new costs and dues before actual delivery, as far as they will raise the good’s prices, will be communicated to the buyer as early as possible.
3. Shipping and insurance
Shipments travel at the buyer’s risk and expense, even when dispatched “free of all charges”. If a special insurance is effected on the buyer’s demand, it is on the buyer’s account and risk.
If shipments are disabled or impeded off the route designated by the seller, the conditional extra charges and freights will be added to the buyer’s account; this is also valid if the costumer instructs different ways and means of shipment.
Interpretation of trading clauses is according to the latest Incoterms (terms of the International Chamber of Commerce), unless specified otherwise or made to the contrary in the trade agreement and put down in writing.
4. Reservation of ownership
Products stay in proprietorship of the seller while full payment by the costumer is pending. Reservation stays the seller’s protection for current account balance claims until payment receipt. Reservation of ownership sustains despite processing or selling of goods.
5. Delivery period
Goods are being shipped from central warehouse in Regenstauf, Germany. Partial consignments are permitted. The seller strives to deliver as fast as possible, but times for delivery are without commitment.
Claims for compensation because of delayed delivery are categorically impossible. This also applies in case of acts of nature beyond control and guiltless insufficiency.
If a costumer refuses to accept the merchandise, he shall, notwithstanding his obligation to pay for the merchandise, bear all costs of transport and storage. In case of delayed acceptance, the purchase price is due immediately.
Ascertained defects of the goods do not entitle the buyer to refuse the acceptance of the shipment; notwithstanding the rights for notice of defects.
The costumer assures that only entitled personnel will be in charge of the acceptance, according to current law regulations of the buyer’s country respectively of the country of destination.
The place of payment is Regenstauf, Germany.
Arrears will be burdened with 12% interest per year from due-date onwards in case of delay in payment. Binding date is on the receipt of the invoice or any comparable payment request. Legal remedy in the event of default is reserved.
7. Transfer of risk
Shipment is on the costumer’s risk, from the moment that the goods depart the seller’s warehouse.
8. Notice of defects and disclaimer of liability
Complaints on incomplete or incorrect shipment as well as complaints of discernible deficiencies are to be notified immediately. Complaints have to be in written form and within 4 days after receipt. If complaints are not in time all claims and demands of warranty will expire instantly.
Liability is restricted to the net invoice value. The costumer is accountable for damages and costs resulting from application of the sold goods.
9. Place of fulfilment and jurisdiction
Statutory German law applies with Regensburg as the place of fulfilment and jurisdiction.
Legal alterations or partial defects of this agreement shall be replaced by established business law and do not affect the significance of the other business terms and conditions.