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Delivery and payment

General Terms and Conditions

1. Placement of order Our offers are always open offers. Orders and agreements by telephone are only binding for us once and if we confirm in writing, or if we deliver to and invoice you. Please send your order to:

Biolab GmbH München
Alleestrasse 11a
D-85716 Unterschleissheim b. München
Tel. +49 (0) 89 150 13 41
Fax + 49 (0) 89 150 28 29
Internet: www.biolab-muenchen.de


Please ensure that your order includes the following information:

  1. Name (of customer), delivery and invoice address;
  2. Complete name, quantity and size of the product required.

2. Delivery and resale All items will be brought for dispatch as fast as possible, at buyer's risk. The type of transport chosen is at our discretion. We will attempt to meet any additional requests. Any extra costs not covered by the general delivery price will be charged to the buyer's account. 

3. Resale All products may only be resold or dispensed to users or other persons in their original unaltered packaging.

4. Prices Our prices are fixed prices. If products are to be delivered more than four months after conclusion of the contract, the prices that are correct at the time of delivery will apply.

When selling to companies, the VAT rate correct at the time of delivery will apply.

5. Terms of usage, warranty, notification of defective products

  1. Biolab-Products are intended to be used in clinical diagnostics in veterinary and farming practices, in addition for research purposes and use in laboratories. They are neither intended for nor allowed to be put to pharmaceutical and therapeutic uses.It is the customer's responsibility to find out, according to legal and/or governmental requirements, whether a written permission, licence or other authorisation is necessary before using our products. Biolab will not accept liability for damages resulting from incorrect use or storage.

  2. If a product is defect through a fault on our part, we may choose to either supply a replacement product or to remedy the defect. If we are to remedy the defect, we will cover the cost of all expenses incurred in remedying the defect, including transport, labour and material costs, providing these have not increased because the product in question has been brought to a location other than the delivery location as specified in the contract.

    If an attempt to remedy the defect fails, or if we are not prepared or able to remedy the defect or supply a replacement product, or if a remedy or replacement is unduly delayed for reasons owing to our part, the buyer is entitled to withdraw from the contract or to demand an abatement from the purchase price.

    Further claims by the buyer, especially claims for damages including loss of profit or other financial losses to the buyer, are excluded.

    Preceding restrictions of  liability do not apply if the cause of damage is due to a premeditated act or gross negligence. They also do not apply if the buyer submits a claim for damages due to failure of a described characteristic. All exemptions from liability do not apply if the exclusion or the limitation is related to damage liability due to bodily injury, death, or ill health, resulting from a breach of duties that was intentional or due to negligence on the part of Biolab itself or on the part of Biolab's legal representative or vicarious agent.

  3. Buyers and consumers or users must inform us in writing of any obvious defects, within two weeks of receiving the products. Proof of posting within this time limit will be accepted. If the period of two weeks is exceeded, the right of warranty with regard to the obvious defects will expire.

    For customers who are registered traders, § 377 of the German code of commercial law (HGB) applies.

6. Terms of payment Payments (net) are to be made within 21 days.

7. Reservation of proprietary rights We reserve the proprietary rights to the products delivered until full payment has been received for any amounts owing or that may accrue, on whatever legal grounds. The customer possesses the products on the basis of a deposit contract, which is free of charge.

8. Applicable law The law of the Federal Republic of Germany applies, even on non-contractual legal foundations. The regulations of the CISG (United Nations Convention on Contracts for the International Sale of Goods) do not apply.

9. Court of jurisdiction If the customer is a merchant, a legal entity of a public corporation, or separate assets under public law, the sole court of jurisdiction for all disputes arising from this contract, or from any relevant non-contractual legal basis, is Munich. This also applies to law suits regarding orders for payment, cheque clearance, and bank draft procedures.

10. Protective clauseThe inclusion of different, contradicting, or additional Terms and Conditions belonging to our contractual partners is hereby specifically negated. This also applies when any later attempts to include such Terms and Conditions by individual parties are not rejected by us.


11. Severability clause If one or more condition(s) of this contract is/are void by law or unfeasible, the parties will replace this/these by (a) legally valid/feasible condition(s) that is/are as close as possible to the legal and commercial meaning of the invalid/unfeasible condition(s). If such a replacement is not possible, the validity of the remaining conditions is not affected.

Biolab Gesellschaft für medizinische und veterinärmedizinische Diagnostik mbH
Managing Director: Dr. Klaus-Ingo Arnstadt
Registered at: Amtsgericht München
HRB 62437
VAT-ID: DE 129 30 24 11


Last updated: January 1, 2007