For further information, please, contact:
Dr. Rolf Lutz
Am Heldenberg 7
Tel. +49 6221 54 6721
Fax +49 6221 54 6718
1.1 These Conditions shall apply to every sale made or agreed to be made by Expressys. No order given by the Buyer shall constitute an agreement for sale unless accepted by Expressys on these Conditions. Any Conditions submitted proposed or stipulated by the Buyer in whatever form, whether written or oral, are expressly waived and excluded.
1.2 No change to these Conditions shall be binding unless agreed in writing by Expressys.
2.1 The time for delivery shall not be of the essence. Any times quoted for delivery shall be treated as estimates only. Expressys shall not be liable for any loss or damage whether arising directly or indirectly from delay in delivery.
2.2 After delivery the Goods shall be at the Buyer's sole risk in respect of all loss or damage arising from any cause whatsoever.
3.1 To the extent permitted by law, all Conditions, warranties or obligations whether express or implied by statute, common law or otherwise are excluded and the provisions of these Conditions shall apply in lieu thereof.
3.2 Expressys shall not be liable for defective Goods unless the Buyer gives written notice to Expressys within 4 weeks of delivery specifying with reasonable detail any matter whereof it is alleged that the Goods are defective.
3.3 Expressys' liability under condition 3.2 shall be limited to replacing the defective Goods or (at Expressys's option) issuing a credit note to the Buyer for a corresponding proportion of the price and Expressys shall not be under any other liability thereunder whatsoever.
3.4 No claim will be met by Expressys under condition 4.2 if, in the opinion of Expressys:
(i) the defect is not due solely to defective materials or manufacture; or
(ii) the Goods have been misused or subjected to neglect or carelessness or involved in any accident or adulteration or dealt with contrary to any directions issued by Expressys.
3.5 The warranty contained in this condition is specifically limited to the Buyer and no warranty is made to any other person, whether subsequently Buyer or user, or to any bailees, licensees, assignees, employees, agent or otherwise.
3.6 Expressys gives no warranty and makes no representation that any sale or use buy the Buyer of the Goods will be free from infringement of any patent or other intellectual property right owned or controlled by any third party.
4.1 All descriptions, representations, specifications, samples, illustrations and other particulars furnished or made orally by Expressys, prices or other documents issued by Expressys are given for general information purposes only and the Buyer acknowledges that it is not entering into the contract in reliance upon any such description, representation, specification, sample or other particular.
4.2 The Buyer acknowledges that it is purchasing the Goods for laboratory, manufacturing and research purposes and undertakes with Expressys hat it shall not use or otherwise make available in any way whatsoever the Goods for human, drug, food additive or household use. The Buyer shall indemnify and keep indemnified Expressys against all liabilities and claims which may be made against Expressys by any third party arising from the use or sale of the Goods by the Buyer.
4.3 Except to the extent specifically provided for in these Conditions Expressys shall not be liable whether in contract, tort or otherwise for any loss, damage or injury howsoever caused or arising from any defect in, failure in, unsuitability for any purpose of, the Goods.
4.4 Expressys shall not in any event be liable for any indirect or consequential loss whatever and however caused.
No failure or delay by Expressys on exercising any right hereunder shall operate as a waiver thereof or extend to or affect any other or subsequent event or impair any rights or remedies consequent thereon or in any way modify or diminish the rights of Expressys under these Conditions.
If any condition shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other Condition all of which shall remain in full force and effect.
7 Force Majeure
Any contract to which these Conditions apply is subject to cancellation by Expressys or to such variation as it may find necessary by reason of inability to secure materials, transport or any cause whatsoever beyond the control of Expressys
8 Governing Law
These Conditions shall be governed by and construed in accordance with German law and the Buyer submits to the non-exclusive jurisdiction of the German courts.