Chemotechnique Diagnostics




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In areas without distribution

Topical Haptens are classified as pharmaceuticals in most countries. IQ Ultra™, IQ Ultimate™ and BasIQ Ultra™ Patch Test Units are classified as Medical Device Class 1.

 

In areas where we do not yet offer local distribution (See Distributors), inquiries to purchase may be placed with us provided that you are, or represent, a professional user and that the import of Topical Haptens and Patch Test Units complies with national license procedures and legislation. Please see ordering information below.

 

WEBSHOP:

 

Request webshop access when creating a new user on www.chemotechnique.se. Once granted access to the webshop, orders placed online will be shipped from Sweden to your location.

 

Placing your orders

In order to speed up your orders and prevent mistakes, please be sure to give us the following information:

a) Art. No. for each item. b) Full name. c) Quantity

 

Prices and terms

The prices quoted are in Swedish Kronor (SEK) unless otherwise stated and subject to change without notice.

Terms are Ex works Vellinge, unless a different agreement has been made in writing. Freight or postal charges are prepaid and added to the invoice.

NO MINIMUM REQUIREMENT

All orders are accepted, the same care and attention being given to both large and small orders alike. No extra charges are levied on small orders.

 

CONDITIONS OF SALE:

1. CONDITIONS OF SALE. These Conditions of sale, together with a purchase order accepted by Chemotechnique MB Diagnostics AB (“Chemotechnique”), or if applicable a proforma invoice/quotation issued by Chemotechnique, set forth the terms under which Chemotechnique offers to sell any material (“Products”) to the buyer of the Products (the “Purchaser”). When Chemotechnique accepts a purchase order (or Purchaser accepts Chemotechnique’s proforma invoice or quotation), either by oral or written confirmation, a binding contract is formed (the “Agreement”). Such Agreement is limited to these Conditions of Sale, the accepted purchase order (or if applicable the relevant proforma invoice/quotation). Chemotechnique does not agree to any proposed amendment or addition by Purchaser. The Agreement can be varied only in writing signed by Chemotechnique. Any other statement or writing of Purchaser shall not alter, add to, or otherwise affect the Agreement. In case of any inconsistency between these Conditions of Sale and the purchase order (or the relevant proforma invoice/quotation), the terms in these Conditions of Sale shall prevail.

Chemotechnique is not bound by and hereby expressly rejects Purchaser’s general conditions of purchase and any additional or different terms or provisions that may appear on any proposal, quotation, price list, indent, request for proposal, acknowledgment or the like used by Purchaser. Course of performance, course of dealing, and usage of trade shall not be applied to modify these Conditions of Sale.

 

2. CONFIRMATION OF ORDERS.

The Purchaser shall place its orders for the Products electronically (through E-commerce) or in writing (by e-mail, telefax or other electronic communication methods agreed between the parties), or if applicable accept a proforma invoice/quotation issued by Chemotechnique. Chemotechnique shall notify the Purchaser of its acceptance or rejection of such order and, if accepted, of the estimated date of delivery. No order shall be final and binding until accepted in writing by Chemotechnique.

Chemotechnique shall endeavor to deliver the Products on the date of delivery notified by Chemotechnique in its acceptance of a submitted purchase order. If Chemotechnique anticipates that it will not be able to deliver the Products on the said date, Chemotechnique shall forthwith notify the Purchaser hereof, stating the reason for the delay and, if possible, provide the Purchaser with a new estimated date of delivery

 

3. PRICES. Prices are quoted in Swedish Kronor (SEK), unless other­wise stated, and subject to change without notice. However, if a price increase occurs, Chemotechnique will notify the Purchaser and obtain renewed acceptance before shipment.

 

4. DELIVERY. All product deliveries will be made EXW, Vellinge, Sweden (Incoterms, 2010). The passing of risk in the Products shall be regulated in accordance with said delivery term. Title to the Products shall not pass to the Purchaser until Chemotechnique has received full payment for the Products

 

5. TERMS OF PAYMENT. Terms of payment are prepayment unless otherwise stated on the invoice.  In case of delayed payment, Chemotechnique is entitled to charge interest, at the rate of eighteen (18) percent per annum from due date until such time as payment is made. Freight or postal charges are prepaid and added to the invoice

 

6. LIMITED WARRANTY

Chemotechnique warrants the Purchaser that the Products will be free from defects in design, workmanship and materials under normal use and storage for a period of ninety (90) days from the date of the purchase by the Purchaser from Chemotechnique (“Warranty Period”), provided that the Purchaser without undue delay, notifies Chemotechnique of any such defect which comes to the Purchaser’s knowledge.

Chemotechnique’s sole obligation and Purchasers sole remedy under this warranty shall be replacement of the defective Products or reimbursement of the defective Products (at the price paid for the defective Products), at Chemotechnique’s discretion.

The warranty set forth in this Section 6 is contingent upon proper storage and use of the Products, and Chemotechnique shall not be liable for defects attributable to (a) modifications to or alterations of the Products by any party other than Chemotechnique, (b) faulty storage, incorrect application (c) use of the Products for a purpose for which they were not designed or intended, (d) normal wear and tear or deterioration, (e) misuse, abuse, negligence or accidents.

The warranty set forth in this Section 6 is the only warranty applicable between the parties with respect to the Products and no other warranties of any kind shall apply. To the maximum extent permitted by applicable law, Chemotechnique disclaims and excludes all warranties other than the express warranties set forth in this Section 6, whether statutory, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Notwithstanding the foregoing, Chemotechnique’s total liability for all claims under this Warranty shall not exceed the price paid for the Product. These limitations on potential liabilities have been an essential condition in setting the product price.

 

7. COMPLAINTS & RETURNED GOODS. All claims must be made without undue dely. Claims relating to damaged products or incorrect shipments must be made within ten (10) days after receiving the products. A new shipment will be made or the appropriate credit issued if Chemotechnique acknowledges that the complaint is justified. All claims must be made in writing, substantiated by quoting the relevant batch no., our invoice no, a description of the damage and if needed substantiated with picture(s).

 

8. DELAYS. Chemotechnique does not accept claims for compensation due to delay or non-delivery. Chemotechnique reserves the right to relinquish orders due to a shortage of raw materials, production breakdowns, or other circumstances beyond Chemotechnique’s control.

 

9. LIMITATION OF LIABILITY

In no event, whether as a result of breach of contract, warranty, tort, liability (including negligence), strict liability, indemnity, or under any other legal theory, shall either party with respect to any matters relating to this Agreement be liable for any special, incidental, consequential, punitive or indirect losses or damages including loss of profit, revenue or production, interest on investments, loss of goodwill, cost of capital, cost of substitute equipment, facilities or services, downtime costs or claims of customers regardless of whether such party has been advised of the possibility of the same. This limitation shall be deemed independent of, and shall survive, any failure of the essential purpose of any limited remedy under any warranty and/or the terms and conditions of this Agreement. Notwithstanding anything to the contrary in this Agreement, Chemotechnique’s total and aggregate liability for any loss or damage arising of, connected with or resulting from this Agreement shall be limited to and in no event exceed on a per claim or aggregate basis the total invoiced value of Products purchased by the Purchaser during any six (6) month period preceding the month in which the event giving rise to Chemotechnique’s liability arose.

 

10.                       EVENTS OF RELIEF

Each Party shall be excused from fulfilment of any obligations (except any payment obligations) under this Agreement to the extent that and for so long as such fulfilment is prevented or delayed in whole or in part by strikes, lockouts or other labour disturbances or by causes beyond its reasonable control, such as fire, flood, earthquake, war, embargoes, blockades, riots, acts of government, governmental regulation, Acts of God, shortages in energy, transport or supplies deliveries by sub-contractors or delays or failure to perform by suppliers and subcontractors if caused by any circumstances referred to in this Section ‎10.1. The Party experiencing the occurrence of any such event shall inform the other Party hereof without delay, specifying the nature of the event as well as the estimated duration thereof. Upon such notice, both Parties' rights and obligations will be suspended.

a.   In the event the circumstances described above continues for more than ninety (90) consecutive calendar days or is expected to last longer than ninety (90) consecutive calendar days, either Party is entitled, but not obligated, to terminate this Agreement by written notice to the other Party, and none of the Parties shall be entitled to any claim for damages, save for any accrued rights and liabilities not related to such force majeure event.

 

11.                       GOVERNING LAW AND ARBITRATION

This Agreement shall be governed by the substantive laws of Sweden. All disputes arising out of or in connection with the Agreement shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. Such proceedings and any information disclosed in connection thereto shall be kept strictly confidential. The seat of arbitration shall be Malmö, Sweden. The language of the proceedings, documentation and the award shall be English.

 

12. THE PLACING OF AN ORDER IMPLIES ACCEPTANCE OF THESE CONDITIONS OF SALE.

Chemotechnique MB Diagnostics AB
Modemgatan 9 | SE-235 39 | Vellinge | Sweden
Tel +46 40 466 077 | VAT SE556245005501
© 2017 Chemotechnique MB Diagnostics AB

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