General business terms
This document contains our general operating terms and conditions, and terms and conditions of delivery. 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.
1. General provisions
The following general terms and conditions of sale and delivery apply to any sale of the Seller’s and the Logistics Partner’s goods (General Terms and Conditions of Delivery). They shall be taken into consideration already during the contract drafting phase. If a contract is concluded, these General Terms and Conditions shall form its constituent part. Any Customer’s conditions that are contradictory to these terms and conditions or deviate from them cannot be included in the contract unless the Seller explicitly agrees so in writing.
2. Conclusion of contract, written form
Any orders by the Customer as well as other agreements and additional arrangements are binding for the Seller if the Seller explicitly accepts them in writing (also on invoices or delivery notes).
Deliveries are executed according to the prices from the valid price list. All prices stated are prices in euros excluding VAT. When a new price list comes into force, all previous price lists as well as their amendments become void. For orders with a value below €100.00, fixed shipment costs in the amount of €6.50 are charged.
4. Delivery period
The Seller shall deliver the goods at their earliest convenience. Information on the delivery method and scope are included in our invoice and delivery note. We reserve the right to execute partial deliveries. The initial date of delivery is the date of dispatch of the shipment (invoice or delivery note).
5. Shipment liability
The delivered goods shall be examined immediately upon delivery. Any defects shall be immediately brought to the attention of the shipping company. If the Customer fails to take this provision into consideration, Axon Lab d.o.o. is not obliged to indemnify the Customer.
6. Return of goods
Axon Lab d.o.o. will not accept any returned goods and will not replace them without their prior consent. Any goods shall be returned in their intact original packaging. Products whose shelf life has expired or that have been shipped more than one month ago will be neither accepted nor replaced.
All returns of goods are shipped at the Customer’s costs and liability.
Our reagents are designed for in vitro use (outside of living organisms – translator’s note).
Goods with defects cannot be returned without our prior consent.
Reagents with defects are replaced upon confirmation by our Production Manager.
All our devices and software are tested and checked before shipment. If, however, minor defects still do occur, we provide a 24-month warranty on all new devices, starting on the date of installation. Within the warranty period, the Manufacturer will remedy any defects resulting from production or material deficiencies free of charge (work and materials).
7. Customer’s solvency
The Seller agrees to conclude this contract under the condition of Customer’s solvency. If, after concluding the contract, the Customer’s financial state causes concern and the situation suggests that the Customer may not be able to pay for the goods, the Seller can at their own discretion cancel the order or ship the goods in partial shipments as the goods are paid, or upon receipt of suitable payment guarantees.
8. Force Majeure, impediments to the execution of the contract
The obligation of delivery or takeover of goods shall not apply due to any force majeure or any other unpredictable circumstances in production, sale or transport, due to fires, floods, unpredictable power outages, unavailability of raw materials, strikes, lockouts, governmental acts, or other impediments that are beyond Seller’s control and cause delays in production, shipping, and takeover of goods, or make them impossible, for the duration of such circumstances. Except as specified in the warranty conditions, the Seller is not obliged to accept or replace returned goods.
9. General limitation of liability
9.1 The Customer is not entitled to additional claims for damages due to a breach of the contract, unless such breach is deemed a serious breach by the Seller or their subcontractors, or if the Seller violates key or important additional obligations from the contract. If the Seller violates key or important additional obligations from the contract due to negligence, their warranty is limited to the predictable losses.
9.2 If the Seller’s warranty is excluded or limited, the same applies to the personal liability of their employees, staff, partners, and agents.
All invoices shall be paid without any discounts within 30 days from the date of invoicing. After that, default interest in the amount of 5% will be charged. The Customer shall also pay costs of reminders and debt collection.
11. Retention of title
The Seller reserves the ownership of their goods until complete payment of the entire invoiced amount.
12. Disloyal competition at resale
The Customer shall not perform any disloyal comparative advertising during resale. The use of the Seller’s registered trademarks is not allowed without the Seller’s prior consent.
13. Place of performance, court of jurisdiction, applicable law
The place of fulfillment and the competent court are in the city of Celje.