These general conditions of sale and delivery apply to all activities of VWR International GmbH, i.e. in particular industrial chemicals, reagents and diagnostic products as well as general laboratory supplies including equipment for the use of these products and advice. By placing an order, the customer irrevocably accepts these conditions, changes of which require our written consent.
If the transaction is concluded on the basis of these general conditions of sale and delivery, they are also valid for further work, even if they are not referred to.
If we act as a representative of other companies, in particular Merck KGaA, Darmstadt, the general terms and conditions of this company apply to the purchased business (so-called extended retention of title in relation to resale claims). property of VWR until full payment, according to Austrian law it is considered not agreed for domestic deliveries)
We do not recognize the general terms and conditions of our customers, even if we do not expressly object to them in individual cases.
Our offers and catalog prices are not binding. Orders from our customers, also based on our offers, become binding only after our written confirmation or delivery.
3. Withdrawal/return of goods
Due to fast delivery, it is practically impossible to cancel orders. If exceptionally the order (order) is canceled by agreement without charging a cancellation fee, the cancellation fee payable by the customer is a flat amount of 20% or EUR 36.00 plus VAT. This provision does not give the customer the right to unilaterally terminate the contract (order). Defective goods may only be returned to VWR International GmbH with express consent and shipping paid. Refrigerators are mostly excluded from returns.
4. Delivery times, delay and non-delivery
We make every effort to meet the delivery times we have set, but we cannot make any binding commitments as delivery is not our sole responsibility. The delivery period is extended due to force majeure and all obstacles that we cannot influence by reasonable means.
Exceeding the delivery dates does not entitle our customers to claims for damages, but our customers can withdraw from the contract by registered letter if the delivery date is exceeded by more than four weeks and it is solely our fault. Cancellation will take effect if we do not deliver within a reasonable delay period of at least four weeks. There are no further customer requests.
5. Delivery, exclusion of damage
Delivery is in commercial quality. A reasonable number of partial deliveries is permitted. If purchased by sample or sample, the quality of the sample or sample is not guaranteed. Liability is excluded for the suitability of the delivered goods for the purpose specified by the customer and for damage caused by the product or its processing. In particular, our liability for property damage under the Product Liability Act is also excluded. Our liability for damages arising from advice is also excluded.
In principle, customer complaints can only be considered if the order is submitted in writing.
6. Assignment and transfer of risk
Delivery is ex-factory, transport costs are borne by the buyer. Due to increased processing costs, a one-time small order fee of EUR 15.00 is charged for orders under EUR 150.00. If the customer has special requirements regarding the type of delivery, eg express delivery, additional costs arise.
The risk passes to the buyer when the goods are handed over to the consignor or carrier, but in any case when they leave the warehouse.
The products we offer are intended for use in accordance with the manufacturer's documentation and specifications and are the sole responsibility of the user. However, for some specific products (active pharmaceutical substances), VWR as a distributor is unable to meet the requirements (European GMP guidelines for medicinal products for human and veterinary use) and cannot sell the products.
The products we offer cannot be used as active ingredients in medicine or veterinary medicine. For pharmaceuticals, cosmetics, food additives, agricultural aids, pesticides or household purposes, the customer should contact the local VWR sales organization.
Our customers intending to use these products for pharmaceutical, cosmetic, food or other purposes must carry out their own internal audits and controls to ensure compliance with local laws and regulations (eg European Pharmacopoeia etc.) etc.
In no event shall VWR International be liable if the customer uses a product that is not suitable for its intended use.
It is the customer's responsibility to comply with all applicable health, safety and other regulations and to take appropriate precautions regarding the storage, handling, sale and use of the product.
8. Declaration of the customer on decontamination
Instruments or other materials delivered to VWR must be decontaminated by the customer or end user. Decontamination is confirmed by the decontamination declaration attached to the shipment.
The customer or end user bears full responsibility for damage of any kind caused by insufficient cleaning and/or disinfection.
Each owner of the instrument is obliged to forward this information in case of sale or abandonment.
Point 8 refers exclusively to the return of reusable packaging.
9. Refund system
Reusable packaging or containers ("reusable packaging") shall remain the property of the relevant supplier and shall be loaned to the customer only.
VWR reserves the right to charge deposit fees for reusable packaging. The quantity depends on the specifications of the respective supplier. The deposit will be fully refunded upon return of undamaged, completely emptied and returnable reusable packaging with payment.
In case the reusable packaging is not returned or is damaged and/or misused by the customer, the customer loses the right to return the deposit. The cost of cleaning or disposal of VWR for reusable packaging that has not been completely emptied or used for purposes other than its intended purpose shall be borne by the customer.
10. Prices and payment
VAT is added to the prices.
In the event of a significant price increase after the conclusion of the contract, we have the right to increase the prices accordingly.
For orders below EUR 1,000.00, we reserve the right to refrain from a separate order confirmation.
The purchase price must be paid within 14 days from the invoice date without deduction.
However, we have the right to deliver without giving a reason only in advance or by cash on delivery.
If we accept money orders or checks, we will only do so for payment. Payment is considered completed only when the check is finally cashed. Discount and interest costs are charged to the customer.
The costs of bank transfers are borne by the buyer.
If the customer defaults on a contractual obligation to us, all invoices are due. In case of late payment, interest will be charged at the appropriate interest rate for overdraft of the respective bank, but at least 12% plus VAT.
Complaints about goods do not entitle the customer to withhold payment. The customer is not entitled to any compensation for other claims.
11. Retention of Title
All goods we deliver remain our property until full payment. If goods in our possession are processed by our customer, ownership will be divided in proportion to the value at the time of processing.
Regardless of whether our customer is an entrepreneur or not, legal warranty conditions apply to mutual sales. Compensation for consequential damages due to defects in the delivered goods is excluded.
13. Place of performance, Place of performance
The place of performance of all services is Vienna. For disputes arising out of or in connection with our contractual relationship or its termination, the court of Vienna 1 shall have exclusive jurisdiction.
VWR International GmbH
Phone +43 1 97 002 - 0
Fax +43 1 97 002 - 600
Vienna, May 2018
FN: 189903 w
Commercial court in Vienna
Sales tax identification number: ATU 48152305
DVR number: 1034731