These terms apply to all shipments unless agreed otherwise in writing. We do not accept deviating or conflicting conditions on the part of the buyer unless we have expressly agreed to them in writing.

(1) Entrepreneurial Status.
Our offers are directed exclusively at entrepreneurs within the meaning of section 14 German Civil Code (BGB). We may demand that you provide us with sufficient proof of your entrepreneurial status prior to conclusion of the agreement, e. g. by stating your VAT ID number or other suitable proof.

(2) Conclusion of Agreement.
Our offers are non-binding and subject to technical feasibility. Orders may be placed by letter, fax or email or via our OligoShop (www.tib-molbiol.com). We do not accept verbal or telephone orders. If an order is confirmed by letter or fax, it should be clearly indicated that the order has already been placed by different means. Orders can be accepted by us within 10 working days after receipt. If technically feasible, orders will be confirmed by fax or email. An agreement comes into existence by order confirmation or handover of the products to the transport company. If the shipping address is different from the billing address, the buyer is the party to the agreement. Orders without detailed specifications will be produced on the smallest scale. The exclusive language available for the conclu-sion of the agreement shall be German. Any translations into other languages are for information only. In case of contradictions between the German text and a translation, the German text shall prevail.

(3) Orders via our OligoShop.
To place an order, you first place the desired products in the shopping cart. There you may modify at any time the desired quantity or remove selected products completely. Before completing the order, you can review your input on an overview page and correct any input errors. By clicking the button Checkout "[Send]" in the last step of the ordering process, you make a binding order to purchase the products displayed in the order overview. Immediately after sending the order, you will receive an order confirmation by email, which, however, does not yet constitute an acceptance of your order. An agreement comes into existence pursuant to section (2) of these General Terms and Conditions by order confirmation or handover of the products to the transport company.

(4) Cancelations or Modifications.
Orders can only be cancelled or modified if the production of the ordered products has not yet started. For a cancellation or modification of an order to become effective, it must be confirmed by us by fax or email. Products manufac-tured on behalf of the buyer will not be taken back unless in case of a warranty claim.

(5) Pricing.
Prices are quoted in Euro (EUR) and include packaging but not shipping costs and/or where applicable insurance costs, and are subject to the applicable statutory value added tax. The buyer bears any bank charges as well as customs duties and other public charges (Incoterms 2010 CPT or FCA).

(6) Delivery.
Orders will be delivered as quickly as reasonably possible. Delays in the delivery shall not entitle the buyer to withdraw from the contract, unless the buyer cannot reasonably be expected to accept the delivery as a result of the delay. Partial deliveries are acceptable as long as the buyer can use the partial delivery for the contractual purpose and the buyer does not incur any significant extra work or additional costs as a result of the partial delivery. Each partial delivery is considered a separate transaction. Upon handover of the products to the transport company, any risk transfers to the buyer. We do not accept any responsibility for the delivery time of the transport company.

(7) Use of our Products.
Our products have not been tested for use in diagnostics or as medication. Products are intended for research use only unless expressly marked as IVD diagnostics products. Our products are manufactured using processes for which we are licensed. The use of our products may affect property rights of third parties. A resale of our products requires our prior written consent.

(8) Warranty and limitation of liability.
The warranty period for our products is two months from the date of delivery, as our pro-ducts have a limited storage capability. The delivered products must be carefully inspected immediately after delivery. They shall be deemed to have been approved by the buyer with regard to defects that were identifiable during an immediate, careful examination, unless we receive a written notice of defects within seven working days after delivery. With regard to other defects, the delivered products shall be deemed to have been approved by the buyer if we do not receive a written notice of defect within seven working days after the time at which the defect became apparent. In case of defects of the delivered products, we are entitled two times at our discretion to remove the defect or deliver a defect-free product. The warranty for our products covers the composition of the products as specified by the buyer, but not the success of the use intended by the buyer. We shall also not be liable for any damage caused by improper or non-designated use of our pro-ducts. Any indirect damage and consequential damage resulting from a defect in the delivered product shall only be compensable insofar as such damage can typically be expected when the delivered product is used for its intended purpose. The limitations contained in this section (8) do not apply to any liability for intentional or grossly negligent conduct, for any guaranteed characteristics, for injury to life, limb or health or under the German Product Liability Act.

(9) Payment Terms.
Invoices are due for payment within 20 days without deduction, quoting our invoice number. Decisive for the date of payment is the receipt on our bank account. If the buyer does not pay when due, the outstanding amounts shall bear interest from the due date at a rate of 5% p.a. above the base rate of the European Central Bank. Offsetting against counterclaims of the buyer or the retention of payments due to such claims is only permissible insofar as the counterclaims are undisputed or have been finally determined by a court.

(10) Custom Assay Design Services.
We provide custom assay design services. These services may result in the generation of sequences of primers and probes, assay designs, modifications and customized kits and will be charged at the agreed price. These results are our intellectual property. We reserve all rights in these results, including the right to use these results for other customers. Customers of our custom assay design services may use the results only for their own application in their own laboratory. Any other use by customers including but not limited to commercial use for the development of CE-marked or other IVD products or research products (e.g. kits) is hereby excluded. If the results are included in patents, our company must be named as a co-applicant and our employees who contributed to these results must be named as co-inventors. However, we are not obliged to pay any patent costs or legal fees for the patent application.

Whenever customers request specific custom assay design services we will evaluate the feasibility and, subject to the outcome of this evaluation, provide a quotation for the requested custom assay design services or reject the respective request. In case of customized kits we may agree with Customers on the functionality (e.g. detection of a specific DNA sequence) of a kit. In this case we warrant that the kit will be fit to meet the agreed functionality. For all other in silico custom assay design services, we only warrant the use of reasonable skill in the design process and expressly exclude any warranty of specific functionality of the result of such custom assay design services.

(11) Data protection.
We are aware that the protection of privacy and thus the protection of personal data of our customers is very important and attach considerable importance to it. We have taken the necessary measures to comply with data protection requirements. Your data are exclusively processed in accordance with the applicable law. Details are set out in the privacy policy available on our website (see https://www.tib-molbiol.de/de/legal_terms.html).

(12) Dual-use products.
Purchasers of products for the detection of pathogens listed as potential bioweapons listed at https://australiagroup.net/en/human_animal_pathogens.html) are reported to the German Authorities (BAFA). Value restrictions. Purchase may require a signed END-USE certificate.

(13) Foreign Trade.
The Buyer understands that goods or supplied objects (and the know-how as may be contained in such goods or objects) may be subject to an export or import control. Either contract party bears the responsibility to comply with the relevant export and import control regulations. Moreover, the Buyer understands that the US export control laws also apply if the goods or supplied objects, or parts thereof, are of US origin. This may happen even if the contract does not include any further relation to the United States.

Quality Management System.
Kit development and production certified according to ISO 13485, oligonucleotide production under ISO 9001.

Language.
These General Terms and Conditions are written in German and English. The German version shall prevail.