General Terms and Conditions

Introduction

The following terms and conditions apply to all agreements for sale and/or service with peptides&elephants GmbH (hereinafter p&e) that are entered into between p&e and its customers. By placing an order, the customer agrees to the terms and conditions.

Prices, ordering and delivery

  1. The quotations contained in p&e’s sales documents and in the internet are only be understood as a request for quotations. Orders have to be made in writing by e-mail, fax, letter or through the template of p&e’s website
     
  2. The prices shown in the internet and written customized quotes are calculated, unless explicitly agreed to, in EURO and are excluding of VAT, taxes, duty and shipping.
    1. Customers in Germany: 19% VAT is applied
    2. Customers in EU countries (except Germany): 0% VAT is applied, if VAT-number of Customer is given, otherwise 19% German VAT will be applied;
    3. Customers in non EU countries: sales tax will be charged separately from customs/tax authorities of Customer's country.
       
  3. Delivery times for customized products and individualized services represents estimates only  and are therefore not binding, unless having been agreed to previously in writing as binding. p&e is entitled to partial deliveries for good reason. If and the extent this is reasonable for the customer, each partial delivery to be invoiced and settled separately according to the above provisions.
     
  4. Delivery shall be made DAP
     
  5. We reserve the right to cancel any order, when after the results of synthesis determine that completion of the synthesis will not be feasible. The costs incurred will be borne by p&e entirety unless otherwise agreed to in writing.
     
  6. Acts of God, equipment failure, supplier delays or other unforeseen acts will exempt and release p&e from the responsibility for a timely completion of any contract and any impact a delay may cause for the duration of the disturbance.

Warranty, use and liability

  1. p&e guarantees the delivered quantity and purity as specified in the corresponding product data sheet referring to the QC-methods mentioned on it. It is however, the responsibility of the buyer to determine if the products ordered are suitable for its purpose.
     
  2. The buyer must check immediately after receiving the goods whether the quality and quantity of the goods fulfil the contractual agreements. Defects must be made in written within 14 days of receipt of the goods, specifying the product and invoice number. If this period is exceeded, or if the product is in any way improperly stored, handled or processed, all warranty claims will be invalidated and p&e will be released from all warranty.
     
  3. If the buyer within 14 days objects in writing regarding a product defect or mistake and this objection is justified, the buyer will receive a replacement. If the replacement also is defective or a mistaken, the buyer may withdraw from the contract.
     
  4. The liability of p&e is limited in any case to the value of the goods delivered.
     
  5. p&e explicitly indicates that all products are intended only for in vitro laboratory and research purposes. p&e warns customers against using products in vivi in humans or animals. We indicate that the absence of a hazard label does not mean that the product is harmless. p&e disclaims any liability for damage from improper handling and storage, or that which may arise in the application at home or on humans or animals.
     
  6. The buyer must observe all local, national or international law or regulating the transportation, delivery, storage, processing or trade of products provided by p&e
     
  7. p&e is not responsible for any infringement of third party rights, in particular third party intellectual property rights, as far as these directly result from Customer’s specific demands with regard to Customized Products and other Individualized Services, e.g. according to Customer’s commands, documents or concepts, and which are insofar exceeding the scope of p&e products. p&e does not carry out research on whether such specific demands requested may have impact on any third party rights, in particular third party intellectual property rights. Such infringements of third party rights are in the sole responsibility of Customer.
     
  8. We will treat all Data and Client Materials as proprietary and confidential to you, and will not disclose Data or Client Materials to any person except to our employees, consultants, and subcontractors as necessary for purposes of providing the Work, and then only subject to a written confidentiality agreement that includes the requirements specified herein. If we disclose any information or materials comprising Service Provider Technology to you, you will treat such information and materials as proprietary and confidential to us. Each party shall protect the proprietary and confidential information or materials of the other party by using the same degree of care as such party uses to protect its own materials and information, but in any event no less than a reasonable degree of care.

Terms of payment

  1. Unless otherwise agreed in writing, invoices to p&e are payable within 8 days net from the invoice date without any deduction. Cash discounts are not accepted.
     
  2. Any delay in payment after 14 days will be charged at an interest of 5% above the discount rate of the European Central Bank. The customer may appeal outstanding bills only with undisputed and legally valid counterclaims. The customer is explicitly not entitled to unilaterally deduct payment, make partial payment or otherwise withhold payment partially or in full.

Retention of title

  1. Delivery of products is in every case subject to payment. Until full payment of the purchase price, including all shipping, handling or other costs, all goods remain the sole property of p&e.

Jurisdiction

  1. Deliveries and payments shall be governed by and construed in all respects in accordance with German law and shall be subject to the exclusive jurisdiction of the German Courts. Place of jurisdiction is Potsdam.
     
  2. If any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.