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1.
Terms and Conditions of Sale
All
orders are accepted on the strict understanding that these
conditions of sale apply. Any waiver of these conditions is
not valid unless given in writing.
2.
Quotations, documents, descriptions
All specifications such as dimensions, weights, performance
etc. as well as illustrations and graphs listed in quotations,
documents and descriptions are without obligation and subject
to change without notice.
3.
Prices
Prices are subject to change without notice. They are pure
net prices, quoted ex works (Glattbrugg/
Switzerland or Wertheim-Mondfeld/Germany). Value-added tax
(V.A.T.) or any other taxes, as well as packaging, forwarding
expenses and costs for insurance are not included.
4.
Orders
For efficient order processing the complete name of the product
and the corresponding order number are required.
Surcharge for small-quantity-shipments: A surcharge
of CHF 25. will be
added for deliveries with an invoice total below CHF 125.
(excl. VAT). Partial deliveries are excluded.
5.
Shipments
Shipping costs are for the account of the customer, however
we will always choose the most efficient cost effect means
of transport.
6.
Time of delivery
The delivery date is confirmed by an advice note for those
products which cannot be supplied from stock within 8 days
after receipt of order. However, we do not take any liability
when the time of delivery agreed upon is exceeded, nor do
we hold ourselves responsible for possible consequential damages.
Exceeding the delivery date does not give the customer the
right to cancel the order or to claim for compensation.
7.
Title to goods
Ownership of the goods will not pass to the Buyer until payment
for the goods has been received in full. Nevertheless all
risk in the goods shall pass to the Buyer when the goods are
despatched from our premises.
8.
Installations
The Buyer is solely responsible for the suitability of the
site for the installation of the goods and for all services
necessary for the use of our products, e.g. water, compressed-air,
electrical connections etc. Unless the contract expressly
provides, the contract does not include the installation,
erection or commissioning of any goods or equipment or the
supervision thereof. Where installation is included in the
contract it is the responsibility of the Buyer to advise us
of prevailing site conditions with respect to physical characteristics,
availability of services, normal working hours and any other
relevant factors. The Buyer shall ensure that the work can
be carried out during normal working hours. Any additional
costs caused by any interruption or delay not attributed to
us shall be charged to the Buyer together with an appropriate
allowance for profit.
9.
Modifications etc.
Any extra work, requirement or modification in relation to
the goods or their installation which is not expressly specified
in the contract shall, if we are able and willing to agree
thereto, be charged extra. We shall be allowed a reasonable
extension or postponement of performance or delivery dates
required.
10.
Terms of payment
Terms of payment are 30 days net after date of invoice unless
special conditions have been mutually agreed in writing.;
after which the customer is charged with 7% interest on defaulted
payment. When deliveries are spread over a period each consignment
will be invoiced as despatched and each invoice will be treated
as a separate account and be payable accordingly. Failure
to pay for any goods or for any delivery or instalment shall
entitle us to suspend further deliveries and work both on
the same order and on any other order from the buyer without
prejudice to any other right we may have. We reserve the right
where genuine doubts arise as to the Buyer's ability to pay
to suspend delivery of any order without liability until payment
or satisfactory security for payment has been provided.
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Should
the Buyer refuse to accept goods manufactured in accordance
with his specifications or be unable to take delivery when
the goods are ready to be delivered, we reserve the right
to invoice the same for payment as if we had fulfilled our
part of the contract in every way.
11.
Warranty
The period of warranty is 2 years for all pumps and pump-heads
(Ecoline series 1 year) manufactured by Ismatec. For other
instruments manufactured by Ismatec, e.g. ASIA/FIA,ASA, pipette
plugger etc. the period of warranty is 1 year. The Ismatec®
warranty covers product specific functioning and perfect manufacture
of the used materials. Defects which show above-mentioned
characteristics within the period of warranty are repaired
or replaced free of charge. Defects caused by improper transportation
and storage, by inappropriate use and/or operational faults,
by force majeure or third-party users are not covered by warranty.
Defects caused by executed or attempted repairs or alterations
to the goods by the Buyer or any other person are not covered
by warranty. All products manufactured by third-party companies
such as Masterflex®, Micropump® etc. are covered by and according
to the specific warranty of that company or supplier. No warranty
is granted for spare parts and consumables, such as tubing,
tube connectors and pump-head cassettes (e.g. if damaged by
corrosive media), as well as spare parts and consumables for
ASIA/FIA systems, such as stators for valves, membranes for
diffusion chamber and debubbler, or ion selective electrodes
(both PVC membrane and solid state types), biosensor cartridges,
cuvettes, tubing, nipples, T-pieces and connectors. Warranty
services for resellers are subject to a special stipulation.
Please apply. For panel mounted pumps we offer a 1 year warranty
in terms of repair or exchange (at our discretion) on production
and material defects. We do not accept claims caused by incorrect
incorporation or assembly, wiring etc. carried out by the
customer.
Shipping costs are charged to the customer.
12.
Complaints
Complaints are only accepted within 8 days after receipt of
the goods. Either the number of the delivery note or the invoice
number must be specified. In all other cases, Ismatec regards
the delivery as accepted.
13.
Return of items
The return of items is only accepted if agreed by Ismatec
and provided the products are returned in a perfect and well-functioning
condition, together with the original packing material including
the electrical cables and instruction manuals. A possible
credit value is fixed after the goods are examined. A minimum
of restocking charges of 10% of the sales price are invoiced
if there is no fault on the side of Ismatec. Custom designed
products manufactured by Ismatec or especially purchased from
third-party companies cannot be returned.
14.
Commercial protective rights, tools, observance of secrecy
Ismatec reserves title and all commercial protective rights
and copyrights to moulds, samples, drawings, technical documents,
estimates and quotations handed out to customers, suppliers
or third-party companies. These items must not be used in
another way than agreed with Ismatec. Without prior agreement
with Ismatec, customers, suppliers and third-party companies
are neither allowed to manufacture the moulds, samples, tools
or other equipment received from Ismatec nor have them copied
by other manufacturers. In case that Ismatec deliver products
designed and manufactured according to drawings, models or
samples supplied by the customer, it remains the customer's
responsibility that no commercial protective rights or any
other rights of third-party companies will be violated. The
customer will be held responsible if due to non-observance
of such rights damages should occur. The customer must keep
secret from third-party companies all non-public information
acquired by the business relationship with Ismatec.
15. Applicable
law and legal domicile
Swiss law will be applied. Legal domicile is the seat of ISMATEC
SA in 8152 Glattbrugg/Switzerland. |