Article 1: Definitions In these terms and conditions, the terms below have the following meanings:
1.1 Supplier: Labchemicals and any supplier of products and/or services included in the agreement;
1.2 Customer: The person with whom the supplier has entered into an agreement;
1.3 Parties: Supplier and customer jointly;
1.4 Products: The products as mentioned in article 3 of this general conditions;
1.5 Agreement: The written agreement between the purchaser and the supplier, including all appendices and amendments that have arisen after the conclusion of the agreement;
1.6 Written: All paper documents, such as correspondence sent by post, fax, or electronically (e-mail);
1.7 Delivery: The delivery of the products as agreed between the parties in accordance with the agreement;
1.8 Agreed price: The price to be paid by the customer to the supplier for the delivery of the products and/or services in accordance with the agreement;
1.9 Without delay: As soon as reasonably possible, but no later than within two (2) working days.
Article 2: Applicability and language 2.1 By using the products and/or services offered by the supplier, or by communicating with the supplier, the purchaser fully agrees to these conditions. The supplier reserves the right to change the general conditions without notice.
2.2 These general terms and conditions apply to all offers and agreements between the parties, unless otherwise agreed in writing.
2.3 Deviating terms and/or agreements, such as any conditions used by the purchaser, shall only apply if they have been accepted in writing by the supplier.
2.4 These conditions were originally drawn up in the Dutch language. The Dutch text is binding and prevails in the event of disputes regarding the content and meaning of the conditions.
Article 3: Products 3.1 Supplier guarantees that the products comply with the description as included in the website catalogue of supplier. This guarantee is exclusive, and supplier gives no other guarantees.
3.2 By accepting these terms and conditions, the purchaser acknowledges that the products may have hazardous properties and that he/she is legally entitled to receive these products.
3.3 The products are not intended for persons under the age of 18. Upon purchase, the purchaser declares that he/she has reached the minimum age of 18.
3.4 Supplier reserves the right to change specifications without prior notice. Descriptions and illustrations on the website or catalogue are for guidance only, no rights can be derived from them.
3.5 The products are intended for professional use only, such as laboratory research, and may not be used for other purposes. This includes, but is not limited to, in vitro diagnostic purposes, food production, medicines, or cosmetics for humans or animals.
3.6 The products are not intended for human consumption. The chemical, physical and toxicological properties of the products have not been fully investigated and cannot be guaranteed.
3.7 Purchaser acknowledges that the products have not been tested by Supplier for safety or effectiveness in applications such as food, medicines or cosmetics.
3.8 The Purchaser is responsible for verifying the risks and for conducting the necessary research to understand the dangers of using the products.
Article 4: Agreement and payments 4.1 An agreement is only concluded after acceptance of an order by the supplier’s website. Supplier has the right to refuse orders or to attach conditions to the delivery, unless otherwise agreed in writing.
4.2 Payment must be made immediately after purchase via the website without compensation or discount, unless otherwise agreed in writing.
4.3 Payments will only be accepted in the manner(s) indicated during the ordering process.
4.4 The Supplier is authorized to use the services of third parties for the execution of order(s).
Article 5: Prices 5.1 The stated prices for the products and services are in euros, including VAT, and excluding handling and shipping costs, unless otherwise stated or agreed in writing.
5.2 All prices quoted are subject to printing and typographical errors. Supplier accepts no liability for such errors.
5.3 If, after the conclusion of the agreement but before delivery, price changes occur in the supplier’s costs, the supplier is entitled to pass on the agreed price, with written notice to the customer.
5.4 Unless otherwise agreed in writing, all prices apply ex place of shipment.
5.5 Unless otherwise agreed in writing, all transport and insurance costs shall be borne by the purchaser.
Article 6: Risk 6.1 From the moment the supplier has started delivering the products, the buyer bears all risks of loss, theft, damage and the like, unless otherwise agreed in writing.
6.2 Delivery commences at the moment the supplier has offered the products for shipment.
Article 7: Delivery 7.1 The delivery times stated are only indicative. Supplier is not liable for any delay during transport.
7.2 Exceeding any delivery term does not entitle the purchaser to compensation or termination of the agreement, unless otherwise agreed in writing.
7.3 Delivery will take place entirely on deductible of the purchaser. Supplier is not liable for loss or damage to the products during transport, unless otherwise agreed in writing.
7.4 For orders with track & trace services, if an order is lost, it will be replaced and resent free of charge, but only after investigation and confirmation by PostNL.
7.5 Purchaser is obliged to inform supplier within five days after receipt whether the products have been received in good condition. Without notification the order is deemed to have been accepted.
Article 8: Force majeure 8.1 If the supplier is unable to fulfil its obligations due to force majeure, the supplier is entitled to terminate the agreement or suspend the obligations without being liable for damages.
8.2 Force majeure includes all unforeseen circumstances that make compliance with the agreement impossible.
8.3 Supplier must inform Customer of the force majeure situation in writing as soon as possible.
Article 9: Complaints 9.1 Purchaser must check the products upon delivery. Complaints about deviations must be reported in writing to supplier within five (5) days after receipt.
9.2 If a complaint is found to be justified, the supplier has the right to replace the products or offer a discount.
9.3 If returns are agreed, the costs thereof shall be borne by the purchaser, except in the case of justified complaints.
Article 10: Liability 10.1 Supplier guarantees the normal quality of the delivered products.
10.2 Supplier shall not be liable for consequential damage or any compensation related to the sale, delivery or use of the products.
10.3 Supplier is only liable for direct damage if there is intent or gross negligence, and the damage is attributable to Supplier.
10.4 The supplier’s liability is limited to the amount of the agreement excluding VAT.
10.5 If the supplier’s insurer makes a payment, the compensation is limited to the amount of the insurance.
Article 11: Retention of title 11.1 All delivered products remain the property of the supplier until the customer has fulfilled all obligations under the agreement.
Article 12: Use of name and logo 12.1 Purchaser may not use Supplier’s name or logo for commercial or promotional purposes without Supplier’s written permission.
Article 14: Applicable law and disputes 14.1 All agreements between supplier and customer are governed by Dutch law.
14.2 Disputes will be submitted to the Haarlem Court.