1. General matters

All deliveries and services are subject to the following terms and conditions of sale and delivery. Deviating terms and conditions of the buyer are not binding, even if they are not expressly contradicted. By placing an order and/or accepting goods, the buyer acknowledges the terms and conditions of AHN Biotechnologie GmbH as legally binding. This also applies to companies for upcoming and all other deliveries and services. The current version of AHN Biotechnologie’s General Terms and Conditions is valid from November 2, 2018.

 

2. Cost estimates and orders

Offers are always subject to change without notice. The terms and conditions of sale are deemed to have been fully accepted by the customer upon acceptance of the offer. AHN Biotechnologie GmbH will respond to all offers promptly. If AHN Biotechnologie GmbH does not immediately object to the offers received, the offer is deemed accepted. Deviating terms and conditions of sale and purchase of the customer are therefore not binding on AHN Biotechnologie GmbH. Orders and verbal ancillary agreements require written confirmation. Excluded from this are subsequent verbal agreements. If the order is not changed within 24 hours of the order confirmation, the order confirmation is binding. In the event of non-compliance or cancellation of the order, up to 25% of the net order value will be due immediately.

If you wish to add something to your order after it has already been confirmed, a new order will be required for the additional product.
Please note that submitting a new order to be combined with an already issued order may result in delays in the delivery of your original order.
If you request a delivery change/reduction after your order has been prepared and confirmed for shipment, an additional processing fee of €220.00 will be added to your invoice.

 

3. Prices

The final invoice will be based on the prices valid on the day of delivery plus statutory VAT. In this context, the prices stated in the offer and confirmation are subject to change without prior notice. Price changes are permissible if more than four months elapse between the conclusion of the contract and the agreed delivery date. If wages, material costs, or market purchase prices increase thereafter until completion of the delivery, AHN Biotechnologie is entitled to increase the price appropriately in line with the cost increases. The customer is only entitled to withdraw from the contract if the price increase significantly exceeds the increase in the general cost of living between the order and delivery. If the customer is a merchant, a legal entity under public law, or a special fund under public law, price changes are permissible in accordance with the aforementioned provision if more than six weeks elapse between the conclusion of the contract and the agreed delivery date.

Unless otherwise agreed, prices are ex works, excluding freight, customs duties, insurance, and packaging. Our minimum order quantity is €500.00, and we reserve the right to increase smaller orders to this minimum value or to charge a processing fee of €25.00. If, after order acceptance, unforeseen changes to the goods and/or ancillary costs occur for reasons beyond our control, making execution of the order at the agreed prices unreasonable, the contract must be adapted to the changed circumstances. The adaptation of the contract and the possibility of withdrawal by the user must be reasonable for the customer. If no agreement is reached, AHN Biotechnologie is released from its contractual obligations without any claims for damages or liability arising. Excluded from this are claims for damages or liability for injury to life, limb, or health in cases of intent or gross negligence.

 

4. Shipping and returns

Delivery is ex works. For contracts and deliveries with entrepreneurs, shipping is always at the customer’s expense and risk. Even with freight-free delivery, the customer bears the risk. Upon request, we will take out transport insurance only against payment of the insurance premium. Compulsory insurance is not assumed. AHN Biotechnologie is entitled to name itself as the beneficiary. The seller is not responsible for delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for the seller – this includes, in particular, strikes, lockouts, official orders, etc. – even if the seller’s suppliers or their subcontractors are involved and even if the seller has agreed to adhere to the corresponding deadlines and dates. They entitle the seller to postpone delivery or performance for the duration of the hindrance plus a reasonable start-up time and to withdraw from the contract in whole or in part due to the part not yet fulfilled. In the event of unavailability of the service, the user may withdraw from the contract. The user expressly undertakes to immediately inform the contractual partner of any unavailability and to promptly refund the payment. The customer must take delivery of the goods immediately upon completion or readiness for shipment. In the event of default in acceptance, the costs and risk of storage shall be transferred to the customer. The same applies to train stations and other transport stoppages that make transport impossible.

Any request to hand-stackle containers will incur an additional handling fee of 2% of the order.
Returns of incorrectly ordered goods must be approved by us, and a restocking fee will be charged in all cases.

 

5. Delivery period

The delivery time stated in the order confirmation is an approximate date, calculated taking into account all known facts. If these change before the expiration of the delivery period through no fault of our own, or if other events beyond our control prevent timely delivery, the delivery period will be extended accordingly. Delivery delays due to operational disruptions, official measures, or force majeure will result in a reasonable extension of the delivery period. Force majeure also applies to industrial action, including strikes and lawful lockouts at AHN Biotechnologie GmbH or its suppliers. In this case, the customer’s claims for damages are excluded. Partial deliveries are permitted, provided they do not fall below the reasonable minimum.

 

6. Payment

The purchase price is payable net (for businesses) and gross (for consumers) upon delivery of the goods, unless otherwise agreed. If the payment deadline is exceeded, AHN Biotechnologie GmbH is entitled to charge interest at the rate we paid for the corresponding bank loan, but at least 5% above the base interest rate of the Deutsche Bundesbank, and to refuse further performance of the contract. Collection and reminder costs are borne by the buyer. Payments must be made directly. Offsetting by the buyer is excluded unless the claims are undisputed or legally established, as well as counterclaims and counterclaims arising from the synallagmatic relationship that are ready for decision. Each contractual partner bears its own bank and transaction fees. The customer must use the SHA option (not BEN or OUR) for the transfer.

 

7. Reservation of ownership rights

Until full payment of the delivery, AHN Biotechnologie GmbH retains ownership of all liabilities arising from the business relationship, including interest, expenses, and coverage of any current account balance, as well as the commercial legal relationships to the products manufactured using our goods. In this case, the goods will be reclaimed from the buyer without granting a grace period or declaring withdrawal if the buyer fails to fulfill his obligations despite a reminder. In commercial legal transactions, ownership extends to the full value of the products or mixtures resulting from the processing of the reserved goods. If, upon processing or mixing with third-party goods, the ownership rights of third parties remain in place, we acquire co-ownership (§§ 947, 948 BGB) in proportion to the invoice values ​​of the processed goods. The buyer is obligated to store the reserved goods free of charge. As long as the buyer properly fulfills his obligations to AHN Biotechnologie GmbH, he is revocably entitled to dispose of the reserved goods in the ordinary course of business. The buyer is not authorized to pledge, assign as security, or otherwise encumber the goods. If the buyer is an entrepreneur, he hereby assigns his claims from the resale of goods owned or co-owned by AHN Biotechnologie GmbH (Section 947 (1) and Section 948 of the German Civil Code) to AHN Biotechnologie as security. If the realization of the claims appears to be at risk, the buyer must, upon request, notify his customers of the assignment and provide AHN Biotechnologie GmbH with all necessary information and documentation. The buyer must immediately notify any third-party access to the reserved goods and the assigned claims.

 

8. Notice of defects, warranty

The buyer is solely responsible for the application, use, and processing of the ordered goods. In commercial transactions, the buyer is obligated to inspect the goods immediately upon delivery and to confirm the delivery note. Failure to do so may result in the subsequent claim that a defective product or a product other than that ordered was delivered. Complaints regarding obvious defects can only be considered if they are made within 5 days of the goods arriving at the destination at the latest. For FOB sales, complaints must be submitted in sufficient time to prevent the shipment of obviously incorrect or defective goods. For CIF or C&F sales, the complaint period expires 14 days after the goods arrive at the port of destination. A complaint regarding defects does not release the buyer from the obligation to pay. For complaints raised in a timely manner and acknowledged by the supplier, the buyer is only entitled to a right of withdrawal, but not a right to a price adjustment. AHN Biotechnologie reserves the right to replace rejected and returned goods. In the event of failure of subsequent delivery, the buyer is entitled to the statutory right of withdrawal. The above paragraphs contain the final warranty for the products and exclude any other warranty claims. Hidden/non-obvious defects must be reported immediately upon discovery, but in commercial transactions within 6 months of receipt of the goods, and in contracts with consumers within the statutory warranty period. Warranty coverage is only possible under the respective terms and conditions of the individual suppliers.

 

9. Applicable law, place of jurisdiction, partial invalidity

These Terms and Conditions and the entire legal relationship between the Seller and the Buyer are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any international agreements. This also applies if the Customer is domiciled abroad or if the delivery is or is to be made from or to a foreign country.

If the buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the registered office of AHN Biotechnologie GmbH shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Should any provision of these Terms and Conditions or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

Nordhausen, November 2, 2018