Last modified date: December 2022
Business, delivery, repair and license conditions (GTC) of Bioteksa europe GmbH
All deliveries are made on the basis of the following sales conditions. These form the basis of all offers and agreements. Deviating conditions that are not expressly recognized in writing are non-binding for us as the seller, even if they have not been expressly contradicted.
According to § 13 BGB, a consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed activity.
According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Unless expressly stated otherwise, the provisions of the terms and conditions apply to both consumers and entrepreneurs.
Conclusion of contract
Our offers are always non-binding, unless we have expressly declared otherwise in writing in individual cases.
Orders become binding for us through our written confirmation or unconditional delivery after ordering.
The contract is concluded subject to timely and complete self-delivery. This only applies in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction has been concluded with our supplier. The buyer will be informed immediately about the non-availability of the service. The consideration will be refunded immediately if necessary.
If we or the supplier use signs or numbers to designate the order or the object of purchase, no rights can be derived from this alone with regard to the specification of the object of purchase or the scope of delivery.
The shipping method is left to the seller. Due to worldwide shipping, shipping costs are only available on request.
We accept bank transfer, cash on collection, or PayPal in the European region and in Germany.
Delivery dates and delivery periods are only binding if they have been expressly agreed in writing. Delivery periods begin with the conclusion of the contract.
The start of the agreed delivery time presupposes that all technical questions have been clarified. A further prerequisite is timely and proper fulfillment of the contractual obligations by the buyer (e.g. settlement of the agreed down payment/or agreed payment method).
If we are prevented from delivering the purchased item on the agreed date or within the agreed period (delay in delivery) due to a circumstance for which we or a vicarious agent are responsible, we shall be liable in accordance with the statutory provisions. If the delay in delivery is based solely on a breach of an insignificant contractual obligation and on simple negligence, our liability is limited to the foreseeable, typically occurring damage.
Force majeure and events that temporarily prevent us from doing so through no fault of our own (e.g. strikes, lockouts, operational disruptions, weather conditions or traffic situations, delays in the supply of raw materials or machines, war or government orders), the purchased item on the agreed date or within to deliver within the agreed period entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time. If such disruptions lead to a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
Delivery of replacement parts
Unless otherwise agreed, replacement parts are delivered solely against prior or simultaneous delivery of similar old parts that can be repaired. Old parts can be repaired provided they do not show any unusual signs of wear and/or rust, the main components are free of breakage and are delivered complete and not dismantled.
If the old part is not available when the goods are delivered, we are entitled to charge the buyer a deposit of €150.00. The contracting parties can demand a higher or lower amount from the other party if the old part to be delivered has a presumably much higher or lower value. The deposit amount will be credited to the buyer upon delivery of the same type of old part that can be repaired in the packaging of the part delivered in exchange (back-in-box). Otherwise there will be no credit or only a partial credit. If the buyer does not deliver the old part within six months of the invoice date, the deposit expires.
Transfer of risk - packaging
The risk passes to the buyer when the item is dispatched, provided the latter is an entrepreneur, when the item is handed over to the person carrying out the transport or when the goods have left the warehouse for the purpose of dispatch. The statutory regulations apply to consumers.
We will only take out transport insurance if requested in good time and at the expense of the entrepreneur.
Unless otherwise agreed, transport and other packaging will not be taken back by us. The buyer is responsible for disposing of the packaging independently.
Warranty - Liability
The buyer's claims for the rectification of defects have priority over a claim for subsequent performance, i. H. repair or replacement, limited. We have the right to choose between repairs or a replacement delivery. If the repair or replacement delivery fails, the buyer can demand a price reduction or withdraw from the contract. The rectification has failed if and to the extent that a reasonable deadline set for us for rectification has elapsed without result. The requirements for exercising the right of withdrawal are determined by the statutory provisions.
The limitation period for material defects for transactions with an entrepreneur for newly manufactured items is 1 year from delivery of the item. In this case, the sale of used items takes place with the exclusion of any liability for material defects. For consumers, the legal provisions apply.
We are liable according to the statutory provisions if the buyer asserts claims for damages based on bad faith, intent or gross negligence, including bad faith, intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, liability - in business transactions - is limited to the foreseeable, typically occurring damage. Moreover, the liability for damages is excluded; in this respect, we are not liable in particular for damage that has not occurred to the delivery item, unless it involves injury to life, limb and/or health. The mandatory liability under the Product Liability Act also remains unaffected.
The above regulations also apply to damage that may occur when eliminating errors or replacing products within the scope of liability for defects.
Our liability does not apply if a material defect or damage has arisen as a result of
the buyer has given us incorrect or incomplete information about the delivery item to be manufactured, specifically with regard to use, dimensions and technical requirements, unless we have been expressly commissioned to determine these bases,
the delivery item has been improperly handled or overused, for example in the event of overloading,
the delivery item was previously improperly repaired, serviced or maintained in a company that the buyer could see was not suitable for maintenance/repair and the buyer should have recognized this,
parts were installed in the delivery item, the use of which we have not approved according to the product description or the delivery item has been modified in a way not approved by us, or
the buyer has not followed the instructions on the treatment, maintenance and care of the delivery item and this was not unreasonable for him.
Retention of title
The purchased item remains our property until the claims to which we are entitled under the purchase contract have been settled in full. If the buyer is a merchant within the meaning of the German Commercial Code, we reserve title to all delivery items until all payments from the business relationship have been received.
The buyer is obliged to treat the delivery items with care. In particular, he is obliged to adequately insure them at his own expense against fire, water and theft damage at replacement value.
Place of jurisdiction - place of performance - choice of law
The place of payment and performance for deliveries and return deliveries is the registered office of the branch that delivered the goods. Altenkirchen is the place of performance for payments.
If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Altenkirchen is the place of jurisdiction. In this case, we are also entitled to sue the buyer at his place of residence.
The contract is exclusively subject to the law of the Federal Republic of Germany. The application of the UN sales law is excluded.
Should individual provisions of the sales and delivery conditions be ineffective, the validity of the contract remains unaffected by this. Invalid provisions shall be replaced by the statutory regulation.