The following General Terms and Conditions entirely supersede any previous general terms and conditions.

• 1. Subject matter and scope of the General Terms and Conditions

  These General Terms and Conditions of Sale and Delivery shall be an integral part of all agreements on the sale and delivery of goods and services that shall be entered into between Axon Lab d.o.o., Radnička cesta 177, Zagreb, and its customers and users during the regular performance of its activity. Only the terms and conditions specified below shall be applicable to our deliveries. The terms and conditions which do not comply with these General Terms and Conditions of Sale and Delivery or which deviate from them shall not be applicable, except in case that Axon Lab d.o.o. gives an express written consent for their application.

• 2. Competent court and applicable law

  Any dispute which arises from agreements on the sale and delivery of goods and services that are entered into between Axon Lab d.o.o. and its customers, regardless of the place of performance of the contractual obligation, including disputes in terms of interpretation, application or execution of these General Terms and Conditions, shall be settled by the court having subject matter jurisdiction in Zagreb, and the applicable law shall be the law of the Republic of Croatia.

• 3. Delivery periods

  Axon Lab d.o.o. shall send goods as soon as possible. Axon Lab d.o.o. may notify customers of delivery periods, which shall not be binding, and Axon Lab d.o.o. shall under no circumstances be liable for complying with them. Delivery periods shall commence on the day of shipment. Axon Lab d.o.o. shall not be liable for any damage caused by possible delay of delivery for which a freight forwarder or a third person is responsible, as well as any damage caused as a result of force majeure, especially in case of protests, social unrest, adverse weather conditions, etc.

• 4. Delivery – dispatch of goods

  Materials and goods shall be considered delivered when they leave the business premises of Axon Lab d.o.o. Any costs and risks of delivering goods shall be determined by applying EXW Incoterms, unless otherwise agreed. Special requirements of customers related to delivery time may be made only after the prior calculation of additional costs of their delivery and taking over by the customer. The customer shall immediately, without delay, notify the freight forwarder/courier service who/which delivered the goods, as well as Axon Lab d.o.o., of obvious defects observed upon the delivery of goods, especially damaged packaging. Takeover of damaged goods without any objection shall result in non-recognition of the right to damages.

• 5. Return of goods

  • Delivered goods cannot be returned or replaced without the prior approval of Axon Lab d.o.o. Products shall be returned in an intact original packaging. Expired products or products that were delivered more than a month ago cannot be returned or replaced.
  • All returns shall be made at the expense and risk of the customer.
  • Incorrect reagents may be replaced with new ones only with the prior approval of Axon Lab d.o.o.

• 6. Prices

  At the time of an order, the applicable price according to the price list shall be calculated for ordered products. In case of price change during the term of the agreement, new prices shall be automatically applicable to subsequent orders, for which the customer previously received a copy of a changed price list.

• 7. Payment terms

  Invoices shall be due in full within 5 days from the date of invoicing, unless otherwise agreed. In case of late payment, the customer shall also owe Axon Lab d.o.o. default interests, accruing from the invoice due date to the date of payment according to the rate applicable to relationships from trade agreements and agreements between a trader and a public-law corporation, which rate shall be determined for each half-year in accordance with Article 29 (2) of the Civil Obligations Act (Official Gazette "Narodne novine", Nos. 35/2005, 41/2008, 125/2011, 78/2015, 29/2018), by increasing average interest rates on loan balances granted for a period longer than one year to non-financial companies, calculated for the reference period preceding the current half-year by five percentage points.

• 8. Guarantee

  Unless otherwise agreed, Axon Lab d.o.o. shall provide a guarantee for equipment in the duration of one year from the delivery date. The guarantee shall cover manufacturing defects and malfunction of materials; faults caused by normal wear and tear of equipment and materials shall not be included, as well as faults caused due to handling or using equipment and materials contrary to provided instructions or due to generally inappropriate use or handling, as well as due to breakage of glass parts. In case of a defect covered by the guarantee, Axon Lab d.o.o. may decide to either replace or repair the faulty part of equipment or materials. Axon Lab d.o.o. shall not be liable for damage caused by failure during operation that was a direct or indirect consequence of a defect in equipment, materials or their parts. The guarantee shall not be valid and Axon Lab d.o.o. shall be exempt from any liability in the following cases: if the product has been repaired, modified or changed by a person who has not been authorised by Axon Lab d.o.o., if original parts have been replaced by parts that were not used in the original installation, if damage has been caused due to negligence, inappropriate use or non-compliance with instructions for use, if the customer has not fulfilled the contractual obligation regarding the payment of purchase price of the product, and in case of the use of reagents that have not been approved by the manufacturer.

• 9. Right of retention

  Axon Lab d.o.o shall retain title to goods until the customer has paid the full purchase price, whereby the delivery of a bill of exchange or any other document shall not be considered the payment of the price. Axon Lab d.o.o. may terminate the agreement if the customer delays the payment of the purchase price, in which case the customer shall immediately return the goods at their expense. Given that, until the payment of its full price, the owner of goods is Axon Lab d.o.o., the customer is prohibited from pledging them or disposing of the, especially in respect of resale, lease or modification. In case of the customer’s bankruptcy or seizure of goods by a third party, the customer shall immediately notify Axon Lab d.o.o. thereof.

• 10. Customer complaints

  The customer may submit a written complaint regarding an invoice within 8 days from the date of invoicing. The customer shall pay the part of an invoice that is not disputed by the complaint within the deadline referred to in item 7 of the General Terms and Conditions.

• 11. Cancellation of an order

  In case of cancellation of an order or termination of the agreement by the customer, the customer shall be charged a cancellation fee amounting to 25% of order value, unless otherwise agreed. An order may be cancelled no later than the invoice due date in accordance with item 7 of the General Terms and Conditions.

• 12. No comparative advertising

  In case of resale, the customer shall not conduct prohibited comparative advertising of products. The customer shall be liable to Axon Lab d.o.o. for any damage caused by acting contrary to this prohibition.

• 13. Trade secret and intellectual property protection

  • Information obtained by the customer by conducting business with Axon Lab d.o.o. shall be considered a trade secret and shall not be disclosed to third parties or made public in any way.
  • Plans, drafts and other technical documentation, as well as sample catalogues, prospects, images, on-line information and similar documents are protected by intellectual property rights, and their reproduction and distribution shall be prohibited.
  • The use of the trade mark without the prior written approval of the rightholder shall be prohibited.

• 14. Severability

  The nullity of any provision of the General Terms and Conditions or the agreement does not entail the nullity of the agreement itself. The parties shall replace the null provision with a valid one which shall enable, to the greatest extent possible, the achievement of the intended objective of the null and void provision.

• 15. Publication and entry into force

  These General Terms and Conditions were published on 22 June 2020 and shall enter into force on the day of their publication.