Terms and Conditions (International Customers)
Use of Products
The products listed are for research use only and are not intended for use in humans. Buyer or any other person using the products shall be responsible for ensuring that all appropriate safety regulations are observed.
All prices for products are exclusive of value added tax, import duty and local sales taxes. Shipping and insurance charges will be borne by the buyer and will be included in the invoice.
Terms of Payment
Terms of payment are for payment at the invoiced price within 30 days from the date of invoice, without any deductions unless otherwise agreed in writing by Zymo Research Europe GmbH. Any claim, counterclaim or set-off by the buyer shall not justify the buyer withholding payment. Zymo Research Europe GmbH shall be entitled to interest on invoice sums outstanding after the date of payment due at the rate of 1% of the total amount owed to Zymo Research Europe GmbH for each month or a portion thereof for which payment has not been received by Zymo Research Europe GmbH in a timely manner.
Terms of Delivery
Zymo Research Europe GmbH´s shipping / delivery conditions are F.O.B., free on board. Paragraph 4 of Zymo Research Europe GmbH Distributor Agreement (Version 2013/14) applies. Zymo Research Europe GmbH agrees to deliver products to the location specified by the buyer in the buyer´s order. Delivery shall take place on receipt of the products by the buyer or the buyer´s agent. Buyer shall examine the products on delivery for any obvious damage or shortage and any claim in respect of these aspects must be reported to Zymo Research Europe GmbH within ten (10) days of delivery.
Transfer of Property
Notwithstanding delivery to the buyer, legal and beneficial ownership of the products shall remain with Zymo Research Europe GmbH until the buyer has paid the price of the products and all other outstanding amounts due, or to become due to Zymo Research Europe GmbH, in respect of this or any other business transactions between the parties. From delivery of the products until such payment the buyer shall take all necessary measures for protection of the products including maintaining adequate insurance for said products and shall not dispose, whether by sale or otherwise, of the products to any other party whatsoever.
Any claim that the product does not meet the specifications must be made by notice to Zymo Research Europe GmbH within ten (10) days of the date upon which that product is first used by the buyer. Zymo Research Europe GmbH will have the right to investigate all claims before a return of the product is authorized. Zymo Research Europe GmbH reserves the right to deny a return if, in judgement of Zymo Research Europe GmbH, claims are not valid.
Limitations of Liability
The information presented in the product specifications is believed to be accurate. However, said information and products are offered without any warranty or guarantee since the ultimate conditions of use and variability of materials treated are beyond our control. Zymo Research Europe GmbH cannot be held responsible for violations that may occur with the use of a product. No claims beyond replacement of unacceptable material or refund of purchase price, subject to Zymo Research Europe GmbH´s return policy, will be allowed. The foregoing is in lieu of all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. In no event shall Zymo Research Europe GmbH be responsible for any lost profits or indirect or consequential damages including, but not limited to, personal injuries resulting from use of the product(s).
All agreements conducted on the present terms and conditions shall be governed by the law of the Federal Republic of Germany and both parties hereby agree to submit to the jurisdiction of the court of Freiburg im Breisgau, Germany.