General Terms and Conditions

The following conditions apply to all deliveries unless changes have been agreed upon in writing. Deviating or conflicting conditions are not recognized by us unless we have explicitly agreed to them in writing.

(1) Entrepreneurial Status

Our offers are exclusively directed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Before concluding a contract, we may require that you provide sufficient proof of your entrepreneurial status, for example, by providing your VAT ID number or other appropriate proof.

(2) Conclusion of Contract

Our offers are non-binding and subject to technical feasibility. Orders can be placed by letter, fax, or email, or online through the OligoShop. Verbal or telephone orders are not accepted. In the case of a subsequent identical order by letter or fax, it must be clearly indicated that the order has already been transmitted elsewhere. Orders can be accepted by us within 10 working days of receipt. Orders are confirmed by fax or email, where technically feasible. A contract is concluded by order confirmation or by handing over the products to the transport company. In the case of different delivery and billing addresses, the purchaser is the contracting party. Orders with missing specifications will be carried out on the smallest scale. The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In the event of discrepancies between the German text and the translation, the German text shall prevail.

(3) Orders via our OligoShop

To place an order, first add the desired products to the shopping cart. You can change the desired quantity or remove selected products at any time. Before completing the order, you can review your entries and correct input errors on an overview page. By clicking the "Submit Order" button in the final step of the ordering process, you make a binding offer to purchase the products displayed in the order overview. Immediately after sending the order, you will receive an order confirmation by email, which does not yet constitute acceptance of your contractual offer. A contract between you and us is concluded in accordance with item (2) of these General Terms and Conditions by order confirmation or by handing over the products to the transport company.

(4) Cancelations or Changes

Orders can only be canceled or changed if the production of the ordered products has not yet started. The cancellation or modification of an order must be confirmed by us by fax or email to be effective. Products manufactured on behalf of the purchaser will not be accepted for return unless there is a warranty case.

(5) Prices

Prices are in Euros (EUR) including packaging plus shipping costs, any transport insurance, and the applicable statutory VAT. Bank fees, customs duties, and other public charges are borne by the purchaser (Incoterms 2010 CPT or FCA).

(6) Delivery

Orders will be delivered as quickly as reasonably possible. Delivery delays do not entitle you to withdraw from the contract unless the purchaser cannot reasonably be expected to accept the delivery due to the delay. Partial deliveries are permissible if the purchaser can use the partial delivery for the contractual purpose and if the purchaser does not incur significant additional expenses or costs as a result of the partial delivery. Each partial delivery is considered a separate transaction. The risk is transferred to the purchaser when handed over to the transport company. We do not guarantee the delivery time of the transport company.

(7) Use of our Products

The products have not been tested for use in diagnostics or as pharmaceuticals. The use of our products is only permitted for research unless they are explicitly labeled as IVD diagnostics. Our products are manufactured according to procedures for which we are licensed. The use of our products may affect the rights of third parties. Resale of our product requires our prior written consent.

(8) Warranty and Liability Limitations

The warranty period for our products is two months from delivery as our products have limited shelf life. The delivered products must be carefully inspected immediately upon delivery. They are considered approved by the purchaser regarding defects that were recognizable upon immediate, careful inspection if we do not receive a written notice of defects within seven working days after delivery. Concerning other defects, the delivered products are considered approved by the purchaser if we do not receive a written notice of defects within seven working days after the defect is discovered. In the case of material defects of the delivered products, we are entitled, at our option, to rectify the defect or make a replacement delivery twice. The warranty for our products covers the composition of the products according to the purchaser's specifications, but not the intended use success by the purchaser. We are also not liable for damages caused by improper use of our products. Indirect damages and consequential damages resulting from defects in the delivered product are only replaceable to the extent that such damages are typically expected when used as intended. The limitations in this item (8) do not apply to liability due to intentional or grossly negligent conduct, for guaranteed characteristics, for injury to life, body, or health, or under the Product Liability Act.

(9) Payment Terms

Invoices are payable within 20 days from the date of issuance, without any deductions, and must include our invoice number. The date of payment is considered as the date on which the payment is received in our bank account. Should the purchaser fail to make the payment by the due date, the outstanding amounts will accrue interest at a rate of 5% per annum above the European Central Bank's base rate, starting from the due date. The purchaser may only offset counterclaims or withhold payments if such counterclaims are undisputed or have been legally established.

(10) Custom Assay Design Services

We provide customized assay design services. These services can lead to the generation of primer and probe sequences, assay designs, modifications, and custom kits and are invoiced at the agreed price. These results are our intellectual property. We reserve all rights to these results, including the right to use these results for other customers. Customers who use our services may only use the results for their own applications in their 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 as co-inventors. However, we are not obligated to pay patent costs or attorney fees for the patent application.

When customers request specific custom assay design services, we will assess feasibility and, depending on the result of this assessment, make an offer or reject the respective request. For custom kits, we can agree with the customer on the functionality (e.g., detection of a specific DNA sequence) of a kit. In this case, we guarantee that the kit will deliver the agreed functionality. For all other in silico services (primer and probe sequences, assay designs, modifications), we only guarantee the use of appropriate expertise in the design process and expressly exclude any warranty for the specific functionality of the result.

(11) Data protection

We recognize the importance of protecting the privacy and thereby the personal data of our customers and attach significant importance to this. We have therefore taken the necessary precautions to meet the applicable data protection requirements. Your personal data will only be processed within the framework of the applicable legal provisions. Details can be found in the privacy policy available on our website.

(12) Dual-use products

Purchasers of products for the detection of pathogens classified as bio weapons (see list here) will be reported to the Federal Office for Economics and Export Control (BAFA). Legal value limits apply to exports. If necessary, a signed end-use certificate will be required.

(13) Foreign Trade

The purchaser is advised that goods or items (and possibly the know-how contained therein) may be subject to export or import control. Each contracting party is responsible for complying with the relevant export and import control regulations. The purchaser is also advised that U.S. export control laws may be applicable even if the goods or items originate entirely or partially from the USA. This may be the case even if the contract has no further connection to the USA.

Quality Management System

Kit development and production are certified according to ISO 13485, and oligonucleotide production is certified according to ISO 9001.

Do you have any questions? Please feel free to contact us!