General Terms and Conditions
1. ASM Research Chemicals (ASM) will supply the chemicals and services ordered by the buyer as per general conditions of sale described below. Every buyer will be held to have accepted these general conditions prior to giving us an order. All modifications to these conditions will need to be agreed to in writing by an authorised representative of ASM.
Our prices are quoted ex-VAT. Any applicable tax and duties will be supported by the buyer.
All other costs as for example freight and insurance are charged separately and depend on the order size and shipping address.
Prices indicated in catalogues are indicative prices without commitment. Prices will be confirmed in quotes or by order confirmation.
Custom synthesis products:
Unless otherwise agreed in an R&D contract between ASM and the buyer, our quotes for custom synthesis products are based on the preliminary design of a synthetic route based on literature evaluation and on our experience in the synthesis of similar molecules. There is a remaining risk that the synthesis concept for a product fails, so that these products can either not be made available or can only be manufactured at considerably higher cost.
Furthermore quotes for custom synthesis products are given on the basis of raw material prices from internet sources or fine chemicals catalogues. Availability and current prices are not confirmed by our suppliers and changes may have a significant impact on our production cost and lead time.
In these cases we will inform the customer as soon as possible and reserve the right to withdraw our offer or renegotiate our price.
3. Delivery and Leadtime
Since our products are not available from stock delivery times are indicative unless a guarantee is given in the order confirmation.
ASM shall not be liable in any circumstances for loss, whether direct or consequential, arising from delay in delivery.
4. Product Quality
Our products will meet the specification as agreed with the buyer. For new products we cannot give any guarantee concerning the stability and shelf live.
Buyer shall inspect the products immediately upon receipt.
5. Safety and Responsibility
We give no other warranty than our products will be in compliance with the specification agreed upon with the buyer.
In consequence we cannot be held liable for any damages resulting from any use or failure of our product including, without limitation, personal injury or property damage, loss of profit or any other loss arising directly or indirectly from defects in our products.
The buyer is aware that the physical, chemical and toxicological properties of our products are not yet fully tested.
Our products are chemical products and as such must be handled by qualified personal and according to industrial standards and practices.
All products are for laboratory purposes and research use only, and are not to be used for any other purposes, including but not limited to in vitro diagnostics, in food, drugs or medical devices.
Our invoices are payable net within 30 calendar days following date of invoice.
In the event of late payment the buyer becomes liable for the payment of interest of 12% per annum without formal notice.
7. Applicable Law
Our sales are governed by German law.
8. License Statements
PNA Monomers are made and sold pursuant to license under one or more of US Patents Nos. US 5,773,571, US 6,133,444, US 6,172,226, US 6,395,474, US 6,414,112, US 6,613,873, US 6,710,163 and US 6,713,602, or corresponding patent claims outside the US and are provided only for use in academic and commercial research and not for any commercial purposes. Information about licenses for commercial use of PNA Monomers is available from the PNA Inventor Group, e-mail: firstname.lastname@example.org
August 22, 2006