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GENERAL SALES AND DELIVERY CONDITIONS
Conclusion of offer and contract
1. Offers are subject to confirmation and without obligation.
2. Analysis reports and other descriptions of goods in certificates of analysis, catalogues, technical data sheets or other submitted product documentations are only roughly authoritative, unless explicitly described as binding. They don’t represent an agreement or warranty of a corresponding constitution of the goods. Anything else only applies if a Sun Bright Chem business manager defines a product description explicitly as warranty or agreement on the legal and factual nature, and communicates this to the orderer in written.
3. Sun Bright Chem reserves all ownership and copyright connected to all offer documents. Such documents may not be presented to third parties.
4. Orders are for Sun Bright Chem without obligation. The orderer is bound to his/her order for 2 weeks. Sun Bright Chem silence concerning offers, orders, demands or other explanations given by the orderer only apply as approval if it has been explicitly agreed upon in writing. Any order confirmation created electronically, which does not bear a signature and name shall be deemed to constitute written form. If the order confirmation contains obvious errors, writing or calculation errors, it is without obligation for Sun Bright Chem.
5. If the contract has been unilaterally annulled by the orderer or an order/partial order unilaterally cancelled by the orderer, the orderer has to reimburse Sun Bright Chem for all costs, which originated through the contract termination/cancellation; this applies especially to cancellation or rescission fees which have been charged to Sun Bright Chem for the delivery, costs for the purchase of goods which cannot be returned and all other expenditures which have been charged to Sun Bright Chem during the contract management and cancellation, such as legal fees, transportation costs, etc
Scope of delivery/conditions of delivery
1. Sun Bright Chem is entitled to also partially deliver all services owed, unless the partial delivery has no meaning for the orderer and the orderer has referred hereunto in the contract.
2. If the orderer doesn’t explicitly insist on a certain shipping method, then the type of shipping is at Sun Bright Chem’s discretion, i.e. the shipping may be done by air, rail, ship or road.
3. All deliveries are quoted ex works or warehouse. The respective current logistic fees, displayed online on our website sunbrightchem.com, apply.
4. A return of goods and corresponding credit note is only possible with Sun Bright Chem consent and must always meet Sun Bright Chem’s instructions concerning the return of deliveries. The orderer is responsible to meet those instructions. This applies in particular consideration of the applicable legal provisions concerning the delivery and the packaging of dangerous goods. All delivery commitments of Sun Bright Chem are under restriction “while stocks last”. Therefor Sun Bright Chem can withdraw from the contract, if the available stock is depleted.
1. Terms of delivery and deadlines are without obligation, if they have not been explicitly described as binding.
2. The terms of delivery start with the order entry or the dispatch of the order confirmation through Sun Bright Chem if applicable.
3. The terms of delivery are met if the goods have left the site until these terms expired.
4. In case of delay in delivery, the orderer has the right to withdraw from the contract after the fruitless expiration of a reasonable time extension of 4 weeks with refusal to accept performance, which he gave Sun Bright Chem after a delay in delivery
Prices and payment
1. All consumption, sales or indirect taxes, customs, examination and acceptance fees or rather all other taxes, fees or liabilities of all kind, which have been stipulated through national authorities or rather allocated to the business between Sun Bright Chem and the orderer, are to be paid by the orderer in addition to the advertising price or invoice price. Sun Bright Chem is not obliged to point to possible taxes and fees.
2. Sun Bright Chem of individual payment options may be limited if necessary.
• Bank transfer
1. The handling of payments is carried out through the company Sun Bright Chem. The client agrees to absorb all banking fees. If the full amount has not been credited, Sun Bright Chem reserves the right to adjust the order to the amount transferred by the orderer.
2. For the payment via bank transfer, the orderer may only use reason for transfer given by Sun Bright Chem. If this guideline has been violated, Sun Bright Chem reserves the right to cancel the order. In this case the banking fees have to be paid by the orderer as well.
After the payment has been made, the client commits to contact the customer support to verify the payment. The verification should be done within 30 days. Once the deadline expires, Sun Bright Chem does not grant any guarantee for payment identification.
All possible fees have to be paid by the customer. To process a payment, Sun Bright Chem uses Western Union/ MoneyGram external service providers. The customer also has to pay the fees charged by these service providers. To pay via WesternUnion / MoneyGram a minimum order quantity of 300 USD/250 EUR is required
Passing of risk
1. The risk is passed on to the orderer once the goods are handed over to the person responsible for the shipment or have left the site of Sun Bright Chem for the purpose of shipping. This also applies in the case of partial deliveries or if Sun Bright Chem has absorbed other services such as transport costs.
2. If the orderer fails to do so or violates other obligations to cooperate, Sun Bright Chem can demand the compensation of the suffered damage including possible additional expenses. The risk of a random loss or a random degradation of the goods passes on to the orderer at the moment in which his delay in acceptance commences. Sun Bright Chem is entitled to, after the fruitless expiry of a reasonable grace period, dispose of the goods otherwise and make the delivery to the orderer within a reasonably extended period.
3. Delivered goods shall be accepted by the orderer irrespective of any claims based on defects even if the products show insignificant defects
Usage of the products by the orderer
1. Sun Bright Chem’s products are designed for the purpose of laboratory experiment and may not be used for other purposes as long as no other details have been given on the product labels, the Sun Bright Chem catalogues or other documents handed over to the orderer. Especially those Sun Bright Chem products may not be used for in-vitro diagnostics for the production of food products and pharmaceutical products in medical appliances as well as cosmetic products.
2. Sun Bright Chem does not check the products for safety and potency of food products, pharmaceutical products, medical appliances, cosmetics as well as for commercial or other purposes, if not described differently in the documents handed over by Sun Bright Chem. Sun Bright Chem explicitly advises the orderer to properly test, use, manufacture and advertise the products obtained from Sun Bright Chem and/or the products obtained with the help of Sun Bright Chem. The orderer has to check possible risks and dangers and to carry out all other potentially necessary research works to catch up on dangers, which may be the result of the usage of products obtained from Sun Bright Chem. The orderer also has to warn his orderers and there support personnel (such as transport operator etc.) regarding the potential risks and dangers connected to the usage or handling of the products.
3. The Sun Bright Chem products are written on the Chemicals Prohibition Ordinance List or other legal ordinances. The orderer himself is responsible to comply with legal ordinances concerning the handling of substances obtained through Sun Bright Chem.
4. Sun Bright Chem explicitly advises the orderer to check the product ingredients provided by Sun Bright Chem.
Warranty rights and liabilities
1. The orderer’s warranty rights assume that the orderer checks the delivered goods on receipt and communicates defects electronically and immediately, latest 1 week after reception to Sun Bright Chem. The orderer shall describe the defects or rather substantiate through analysis
Act of God
1. If an Act of God has prevented Sun Bright Chem from fulfilling its contractual duties, in particular the delivery of goods, Sun Bright Chem shall be exempted from its duties for the duration of the impediment with the addition of a reasonable start-up time, without the orderer having any right to claim compensation.
The same applies if the fulfillment of Sun Bright Chem’s obligations may be unreasonable, hindered or temporarily impossible due to unforeseen circumstances and circumstances Sun Bright Chem cannot be held responsible for, in particular because of labor dispute, official measures, energy shortfall, impediment to delivery by a supplier or substantial interruption of operations.
2. Sun Bright Chem has the right to withdraw from the contract if such an obstacle lasts for more than four months and the completion of the contract is not of interest anymore for Sun Bright Chem because of the obstacle. If the orderer insists, once the deadline has expired, Sun Bright Chem has to explain if they will make use of the right of withdrawal or deliver the goods within an acceptable deadline. Claims for indemnity of the orderer are excluded
1. Sun Bright Chem explicitly advises the orderer, that during the export, the delivery items are subject to the respective limitations of the destination country. Sun Bright Chem reserves the right to conduct an internal expert control examination to determine if the contract can be executed to Sun Bright Chem’s discretion. In this connection, the orderer can be obliged to obtain necessary certificates and present them to Sun Bright Chem for examination.
2. The orderer may not sell Sun Bright Chem’s goods or make them available to third parties
Sun Bright Chem only collects data that are necessary for the processing of the order. Sun Bright Chem does not provide information to third parties, authorities or other institutions. Customers have the possibility to cancel their client account at any moment and to unsubscribe from the newsletter. For client accounts with no completed order, a handling fee of 10 EUR may be imposed for deleting the account
Herewith the customer declares legally binding
1. That he/she is at least 18 years old and of full legal capacity (if not available here, a copy of the identity card or passport can be demanded by Sun Bright Chem as form of proof)
2. That the ordered article does not violate Sun Bright Chem export limitations at issue and is not subject to legal restrictions in the respective destination country