General business terms
Here are our general terms and conditions. In the event of a dispute or legal proceedings, the most recent original version for the country in question and in the relevant official language applies. The most recent original version can be obtained from Axon Lab AG at any time.
Any other terms and conditions that may apply will be replaced in full by these general terms and conditions.
1. Applicable law
In accordance with the Treaties of Rome and the Hague Convention, the parties to the contract have established, by mutual agreement, that Austrian law is the only valid law which applies to the contractual relationship between Axon Lab AG and its customers.
2. Agreement on the place of jurisdiction
Innsbruck is the exclusive place of jurisdiction for all disputes, regardless of their type, their cause, their place of fulfillment and the special conditions of sale and including disputes over warranty claims or disputes involving several defendants.
3. Delivery deadlines
Axonlab delivers goods as quickly as possible. Any delivery deadlines given by Axon Lab AG to its customers are not binding and do not under any circumstances represent a commitment by Axon Lab AG. The delivery period starts when all the details have finally been agreed by both parties and when any payments have been made by the customer to Axon Lab AG. Axon Lab AG cannot be required to pay compensation for damage resulting from delays to deliveries which are the responsibility of the shipping company or a third party or are caused by force majeure and, in particular, strikes, social unrest, unfavorable weather conditions etc.
4. Delivery and shipping
The materials or goods will be regarded as having been delivered to the customer as soon as they leave the premises of Axon Lab AG. Regardless of the transport method chosen, they will be transported at the recipient’s own risk. Therefore, the purchaser commits to taking out an insurance policy covering the risk of loss, damage and theft of the materials and goods ordered. Axonlab has no influence over the delivery date. Special requirements concerning the delivery date can only be met if they are agreed in advance and if the higher shipping costs are paid by the purchaser. Signing a delivery note is the equivalent of placing an order with Axon Lab AG. Orders with a value of less than EUR 200.00 will be subject to an index-adjusted, flat-rate shipping cost. Any obvious faults when the goods are delivered and, in particular, damage to the packaging must be reported immediately to the shipping company/courier company and to Axonlab. If the purchaser accepts damaged goods without complaint, the purchaser will lose its entitlement to claim compensation for damage.
Delivered goods cannot be taken back or exchanged by Axon Lab AG without prior approval. Products must be returned in their undamaged original packaging. Products which have passed their expiry date or which were delivered more than a month earlier cannot be taken back or exchanged. All products are returned at the purchaser’s expense and risk. Faulty reagents will be replaced following confirmation by our product manager.
6. Prices and invoicing
The current price of the products ordered is calculated at the time when the order is placed. If the tariff changes during the course of the contract, the new prices will automatically be applied to subsequent deliveries and a copy of the new price list will be sent to the purchaser in advance. Unless otherwise agreed, the materials and goods will be shipped ex works on the basis of our current price list.
7. Payment terms
Unless a special agreement is reached, payment of invoices will be made to our company headquarters under the following terms: 5 days from the invoice date strictly net.
Unless an agreement to the contrary is reached, our equipment comes with a one-year warranty from the date of the delivery. This covers manufacturing faults and poor functioning of the equipment. However, it does not cover malfunctions caused by normal use of the equipment, by handling or use which is not in accordance with the instructions in the documents and manuals provided with the equipment or, in general, by any abnormal use or handling or by the breakage of a glass component. The warranty offers the option of having the parts that have been identified as faulty exchanged by Axon Lab AG or having the item repaired, in which case the warranty covers the resulting labor costs. However, the warranty does not cover components made of glass. It also does not cover the consequences of a stoppage by staff or the downtime of the equipment or any other direct or indirect consequence of faults in the complete item of equipment or in parts of it. The warranty comes into effect on the date when the equipment is delivered. However, interventions made by Axon Lab AG on the basis of the warranty do not extend the duration of the warranty. The responsibility of Axon Lab AG is specifically restricted to the warranty referred to above and does not under any circumstances apply to accidents involving personal injury or damage to property. The warranty will be withdrawn and Axon Lab AG will be absolved from any responsibility if the equipment is repaired by someone other than Axon Lab AG, if it is remodeled or modified, if the original parts are replaced by parts not used by the company for the original assembly, if damage has been caused by negligence, improper use or failure to comply with the instructions in the user’s manual or if the purchaser does not meet its contractual obligations concerning payment. Axon Lab AG is also relieved of any warranty obligations if reagents are used which are not original or not supplied by Axon Lab AG.
9. Retention of ownership
It is specifically agreed that Axon Lab AG remains the owner of the equipment listed in the order until the principal amount and the interest on the price has been paid in full. The provision of a bill of exchange or any another document which is the equivalent of a bond is not regarded as payment. Axon Lab AG reserves the right either to initiate a dispute procedure as provided for in point 9 or to legally terminate the sale 14 days after a request for payment has been sent by registered letter with confirmation of receipt and has produced no results. In this case, the goods must be returned by the purchaser. If a court requires the purchaser’s company to be financially restructured, a request can be made for the goods listed in the order to be handed over under the terms of the act of 12 May 1981 within four months of publication of the declaratory judgment. As the goods referred to above remain the property of Axon Lab AG until they are paid for in full, the purchaser is not permitted to pledge them as security or to dispose of them, in particular by reselling or remodeling them. If the goods are pledged by a third party, the purchaser is obliged to inform Axon Lab AG of this immediately.
Complaints must be submitted within 8 days of the invoice date. If there is a delay in paying an invoice which leads to a claim being made in court by Axon Lab AG, in addition to the court costs and the costs laid down in point 7, an amount corresponding to 20% of the outstanding debt will also be required as compensation for damages.
11. Canceling the order and withdrawing from the purchase
If the order or the purchase is canceled, the customer will be charged 25% of the value of the order as a cancellation fee.
12. Illegal competition in the case of resale
The purchaser undertakes not to use unlawful comparative advertising when reselling the goods. The purchaser is not permitted to use the vendor's trademarks without the prior agreement of the vendor.
13. Saving clause
If individual clauses of the contract become legally invalid, the remaining parts of the contract remain binding. This does not apply if complying with the contract would represent an unreasonable hardship for one party.