GTC
Terms and Conditions
General Terms and Conditions of Business and Delivery
Any other terms and conditions agreed upon are replaced in their entirety by these general terms and conditions.
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1. Applicable law
In accordance with the Roman Treaties and the Hague Conventions, the contracting parties mutually agree that Austrian law shall be the sole applicable law governing the contractual relationship between Axon Lab GmbH and its customers.
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2. Scope
These General Terms and Conditions apply exclusively to contracts with entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code), legal entities under public law or special funds under public law. They do not apply to consumers within the meaning of the Consumer Protection Act (KSchG).
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3. Agreement on place of jurisdiction
Innsbruck shall be the exclusive place of jurisdiction for all disputes, regardless of their nature, cause, and place of performance, as well as the specific terms and conditions of sale, and even in the event of a third-party notice of warranty claims against its own warranty debtor or the existence of multiple legal representatives.
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4. Delivery times
Axonlab delivers as quickly as possible. Any delivery times that Axon Lab GmbH may have communicated to the customer are non-binding and in no way constitute an obligation on the part of Axon Lab GmbH. Delivery times only begin to run once all details have been finalized by mutual agreement and any advance payments have been made by the customer to Axon Lab GmbH. Axon Lab GmbH cannot be obliged to pay any compensation or damages for any delays in delivery attributable to the carrier or a third party, or in cases of force majeure, particularly in the event of strikes, social unrest, unfavorable meteorological conditions, etc.
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5. Delivery – Shipment of goods
The materials or goods are considered to have been delivered to the customer as soon as they have left the premises of Axon Lab GmbH. Regardless of the mode of transport chosen, they are transported at the recipient's risk. The buyer therefore undertakes to take out an insurance policy covering the risks of loss, damage, and theft for the materials and goods ordered. Axonlab has no influence on the time of delivery. Special requests regarding the time of delivery are only possible after prior clarification and assumption of the higher shipping costs by the buyer. Signing the delivery note is also considered as placing an order with Axon Lab GmbH. For orders with a goods value of less than €350, an index-adjusted flat-rate shipping fee will be charged. Obvious defects in the delivery of the goods, in particular damage to the packaging, must be reported immediately to the delivering carrier/parcel service and to Axonlab. Uncontested acceptance of damaged goods will result in the loss of any claims for compensation.
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6. Returns
Delivered goods cannot be returned or exchanged without prior approval from Axonlab. Products must be returned in their undamaged original packaging. Products that have expired or were shipped more than one month ago cannot be returned or exchanged.
All returns are at the expense and risk of the buyer.
Defective reagents will be replaced after confirmation by our product manager.
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7. Prices and invoicing
The price valid at the time of ordering will be charged for the products ordered. In the event of changes to this price list during the term of the contract, the new prices will automatically be applied to subsequent deliveries for which a copy of the new price list has been sent in advance. Unless otherwise agreed in our valid price list, materials and goods will be shipped ex works.
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8. Terms of payment
Unless otherwise agreed, invoices shall be paid at our registered office under the following terms: 5 days from the invoice date, strictly net.
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9. Warranty
Unless otherwise agreed, our equipment is covered by a one-year warranty from the date of delivery, which covers manufacturing defects and poor functioning of the material; However, this does not cover malfunctions due to normal wear and tear of the equipment, handling or use that does not comply with the instructions contained in the documents and manuals supplied with the equipment, or any unusual use or handling in general, or due to the breakage of a glass part. The warranty covers either the replacement of parts recognized as defective by Axon Lab GmbH or the repair and resulting labor costs. However, this warranty does not cover glass parts. Nor does it cover the consequences of any downtime of personnel or equipment or any other direct or indirect consequence of the defectiveness of all or part of the equipment. This warranty takes effect from the date of delivery of the equipment. However, any work carried out by Axon Lab GmbH under this warranty does not extend its duration. The liability of Axon Lab GmbH is expressly limited to the above warranty and cannot under any circumstances be invoked in the event of accidents involving personal injury or property damage. The warranty shall be withdrawn and Axon Lab GmbH shall be released from any liability if the material has been subjected to repairs not carried out by Axon Lab GmbH, if it has been redesigned or modified, if the original parts have been replaced by parts not used by the company for the original assembly, if the damage is due to negligence, improper use, or failure to follow the instructions in the operating manual, or if the buyer has not fulfilled their contractual obligations regarding payment. Furthermore, Axon Lab GmbH is released from any warranty obligations if non-original reagents or reagents not supplied by Axon Lab GmbH are used.
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10. Retention of title
It is expressly agreed that Axon Lab GmbH shall remain the owner of the materials listed in the order until full payment of the principal sum and interest on the price, whereby the delivery of a bill of exchange or other document constituting a promissory note shall not be considered payment. Axon Lab GmbH reserves the right to either initiate legal proceedings as provided for in point 9 or to terminate the sale by operation of law 14 days after an unsuccessful request for payment by registered letter with acknowledgment of receipt. In this case, the goods must be returned by the buyer. In the event of a court-ordered reorganization of the buyer's company, the return of the materials listed in the order may be requested in accordance with the provisions of the law of May 12, 1981, within four months of the publication of the declaratory judgment. As the above-mentioned goods remain the property of Axon Lab GmbH until their price has been paid in full, the buyer is prohibited from pledging them as security or disposing of them, in particular in the context of resale or redesign. In the event of seizure of these materials by third parties, the buyer is obliged to inform Axon Lab GmbH immediately.
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11. Disputes
Complaints must be lodged within 8 days of the invoice date. In the event of late payment of an invoice leading to legal action by Axon Lab GmbH, a sum corresponding to 20% of the outstanding amount will be claimed as compensation in addition to the court costs and financial charges specified in point 7.
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12. Order cancellations/purchase withdrawal
If an order or purchase is canceled, the customer will be charged 25% of the order value as a cancellation fee.
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13. Unfair competition in resale
The buyer undertakes to refrain from unfair comparative advertising when reselling. It is not permitted to use the seller's protected trademarks without the seller's prior consent
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14. Severability clause
Even if individual clauses of the above terms and conditions are legally invalid, the remaining parts of the contract remain binding. This does not apply if adherence to the contract would constitute an unreasonable hardship for one of the parties.