GenExpress Gesellschaft
für Proteindesign mbH

Eresburgstraße 22–23, D-12103 Berlin

Telefon: +49 (0)30 78 70 98 28
Telefax: +49 (0)30 78 70 98 27

General Terms and Conditions of GenExpress GmbH

The following conditions apply to all deliveries provided that no changes have been stipulated in writing. Terms and conditions of the client or third parties do not apply, even if the seller does not separately object to their validity in individual cases. Even if the seller refers to a letter that contains or refers to the terms and conditions of the client or a third party, this does not constitute consent to the validity of those terms and conditions.

1 Offer and contract

1. Our offers are subject to change and technical feasibility. If technically practicable orders are confirmed by fax or email. A contract is effected through order confirmation or delivery. In the event of differing delivery and billing address the orderer is the contractual partner.

2. The contractual partner is not entitled to withdraw form contract due to delays in delivery. Products produced by order of the customer cannot be returned.

3. Only the order confirmation is definitive for volume and performance features of the product. Public statements, promoting or advertisement indicating properties or performance features exclusively serve illustrative purposes and do not constitute contractual indication of conditions regarding the products.

2 Order

1. Orders can be placed in written form as letter, fax or email. Verbal orders or orders by phone are not accepted. For subsequent orders via letter we require clear indication that the order has already been transferred in a different way. Orders that are accidentally received in duplicate are executed in duplicate.

2. Products ordered by mistake can only be cancelled when their production has not yet started. Cancellation or modification of an order must be confirmed by us in writing in order to take effect.

3 Prices

Our prices are quoted including packaging plus applicable value added tax (EU) in Euros (€). We apply a shipping and handling charge (express). Banking charges and customs duty are at the expense of the customer (free border).

4 Delivery

1. Delivery is executed as quickly as possible. A partial delivery is acceptable; each partial delivery is regarded as an independent transaction.

2. The risk is transferred to the customer when the product is handed over to the forwarding agent. A transport insurance is only taken out on explicit demand of the customer and is at the customer's expense. We cannot accept liability for the delivery time of the forwarding agent.

5 Utilization of the products

1. The application of our products is only permissible in research. The products are not tested for application in diagnostics or as medicinal products.

2. If the customer provides specifications (e. g. sequence information) for production, the customer guarantees that GenExpress GmbH does not violate third party rights such as patents, utility patterns and other intellectual property rights during contract completion.

The customer indemnifies GenExpress GmbH from all third party claims which such third parties may assert against the company due to such a violation.

3. We reserve the right for resale of our products.

6 Warranty

1. Notification regarding deficiencies is to be submitted in writing within 7 days after such deficiency has come to attention. In any case the right to complain expires two months after receipt of the product.

We reserve the right to attempt rework twice or to deliver a replacement.

2. We are not liable for defects resulting form improper use or use other than the intended use of our products. We are not liable for secondary damages, in particular also not in the event of deviations from the described property of the product, provided that gross negligence does not apply.

3. We do not guarantee that the delivered product is suitable for the purposes intended by the customer.

7 Invoicing, conditions of payment

1. Invoices are delivered with the goods to the delivery address. Invoices are payable within 20 days without deduction, stating our invoice number. Payments are only deemed effected to the extent to which they are at the disposal of GenExpress GmbH at a bank.

2. In the event of late payment, we reserve the right to charge the statutory interest on arrears, but at least a fee of EUR 5.00. Deductions or retention of invoice amounts due are not permitted, even in the event of complaints.

 

8 Patents and licenses

The manufacturer does not guarantee that the use of our products for certain applications is free from industrial property rights of third parties. Purchase of our products does not include the right to execute the PCR in diagnostics.

9 Confidentiality and privacy

(General Data Protection Regulation)

GenExpress handles your personal data confidentially and in accordance with the statutory data protection regulations GDPR dated 26.05.2018. We collect, process, store and use personal data only when necessary for the provision of a service or offer. The data are name, address, bank details and data from the execution of the contract. This data will not be disclosed to third parties and protected against access by unauthorized persons.

We advise our customers that personal data of the customers are electronically saved and processed for purposes of contract management, billing and statistical analyses. This includes data such as name, address, bank details and data from contract execution. These data are not shared with third parties.

10 final provisions

The place of jurisdiction for any disputes arising from the business relationship is Berlin. The contractual relationships are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) does not apply.

 

Version: December 2021