General Terms and Conditions
Subject matter of the contract when goods as specified in written offers are sold by 4D Lifetec (4D Lifetec) to business customers (“Customer”) the terms and conditions of delivery and sale valid at the time the contract is concluded (“Terms and Conditions”) will apply exclusively.
The following General Terms and Conditions shall apply as long as no other agreement has been entered into. The Customer acknowledges these Terms and Conditions through each placement of an order with 4D Lifetec and that the Customer’s terms and conditions are not binding upon 4D Lifetec even if they differ from those of 4D Lifetec and/or 4D Lifetec does not contradict them. 4D Lifetec’s Terms and Conditions also apply exclusively even if the Customer’s order contains restrictions or amendments which read otherwise. Additional agreements require 4D Lifetec’s written confirmation. Information supplied verbally or by telephone shall only be binding if confirmed by 4D Lifetec in writing.
All prices are stated in Swiss Francs or Euros excluding value-added Tax (VAT, “Mehrwertsteuer”) and shipping costs and toll fees. Prices are subject to change without notice. Payment must be made net within 30 days of the invoice date if not mentioned differently on offer. Payment to 4D Lifetec is only considered as made in full when the full invoice amount (without any commissions) has been credited to the account of 4D Lifetec. 4D Lifetec is entitled to charge interest for late payment at the rate provided by statute (Art. 104 OR). Costs for reminders (CHF 20) and collection charges are to be reimbursed by the Customer. As long as payments are outstanding from the Customer 4D Lifetec has no obligation to deliver. 4D Lifetec reserves the right to perform subsequent deliveries against cash on delivery or advance payment only.
Retention of Title
The delivered goods remain the property of 4D Lifetec until payment has been received in full. 4D Lifetec is expressly authorised to make a corresponding entry in the retention of title register maintained by the collection office in the Customer’s place of residence (according to Art. 715 ZGB and Art. 4 of the Regulation of the Federal Court). If the Customer is in default with regard to the payment of the purchase price 4D Lifetec shall be entitled to withdraw from the contract (by means of a 30 day written notice of withdrawal) and to take back possession of the goods.
Orders can be placed with 4D Lifetec by phone (verbally), in written form (letter), by FAX or via internet (email, online inquiry form, webshop). The Customer accepts the media used for ordering as legally binding. If an order is placed by phone, the Customer bears the risk of possible misunderstandings. All specifications in the catalogues, brochures, and on the websites of 4D Lifetec’s suppliers are not binding upon 4D Lifetec. No orders may be placed by private customers. There is no right to return or exchange non-listed items ordered on behalf of a Customer. By placing an order, the Customer automatically accepts 4D Lifetec’s Terms and Conditions.
Packaging, mode and way of shipment are at the sole discretion of 4D Lifetec. Depending on the nature of the goods ordered, 4D Lifetec will determine the proper way of shipping and conditions.
Freight charges for shipments will be passed on to the Customer. If heavy goods are shipped (e.g. 4D Lifetank), additional freight charges will apply. The goods are delivered to the address as indicated by the Customer. During shipment, the goods are insured by 4D Lifetec. Upon delivery to the Customer, the risk for the goods passes to the Customer. 4D Lifetec waives any responsibility for shipments which may not be delivered to the Customer during normal business hours (08:00-17:00 hours). Partial deliveries are permissible. The transportation of flammable, corrosive, poisonous, or foul smelling material may be subject to certain restrictions.
When placing an order with 4D Lifetec, the Customer confirms to comply with all laws and regulations applying to poisonous substances.
4D Lifetec is striving to deliver as fast as possible. However, the delivery dates indicated are not guaranteed by 4D Lifetec. Delivery times are subject to product availability and shipment terms of 4D Lifetec’s suppliers. If unforeseeable circumstances (e.g. operational interruptions, transportation interruptions, strike or lockout) prevent 4D Lifetec from complying with its obligations, the delivery time will be extended accordingly and 4D Lifetec will inform the Customer. If shipping becomes impossible due to unforeseeable circumstances, 4D Lifetec is released from its obligations. In such cases, the Customer shall be entitled to withdraw from the contract. Delivery periods set by the Customer shall not be binding unless explicitly confirmed in writing as fixed dates of delivery by 4D Lifetec. 4D Lifetec cannot be held liable for any consequential damage resulting from incorrect or delayed deliveries.
Warranty and Liability
The warranty period is 24 months and the warranty exclusively covers material and/or manufacturing defects. Some parts might have a shorter warranty period. The warranty will lapse if the instructions for handling and using the products supplied are disregarded. If 4D Lifetec delivers custom goods to a Customer based on instructions, specifications, or other directions given by the Customer, 4D Lifetec shall not be liable for the lack of sufficiency, fitness for a particular purpose or quality of the goods to the extent attributable to such instructions, specifications, or other directions. Liability for damages is expressly excluded insofar this is permitted by the applicable legal provisions. In particular, 4D Lifetec shall not be liable for damage that can be attributed to improper use or for damage that does not affect the delivered product itself (consequential loss due to defect).
Claims and Complaints
Upon receipt of the products, the Customer shall inspect them without delay and notify 4D Lifetec in writing of any claims for order or shipping errors, shortages, defects or damages within 5 working days and shall hold any such goods for disposition as per 4D Lifetec’s written instructions. Claims for defects which become apparent only later (despite an immediate and correct check) must be made as soon as they are discovered but at latest within 24 months. If no notice of defect is received in a timely manner, the products shall be deemed to have been taken over free of any defects. If a claim for a defect or incorrect delivery is found, the goods will be replaced, adjusted or refunded at 4D Lifetec’s sole discretion. Claims for defects do not release the Customer from its payment obligations. In the event 4D Lifetec has not produced the product supplied itself, the refund to the Customer shall be limited to the amount 4D Lifetec has received from the third party which has supplied the product to 4D Lifetec.
All returns and replacements shall be handled as follows: If a claim for a defect or incorrect delivery is found, products may be returned within 30 days for replacement, adjustment or refund at 4D Lifetec’s sole discretion. Return shipments without 4D Lifetec’s prior written approval will not be accepted. 4D Lifetec will grant full refund for: (1) products not supplied in accordance with the Customer’s orders; and, (2) products which are defective at the time of receipt. 4D Lifetec will grant partial refund for products ordered in error by the Customer. A 60% restocking plus handling fee will be charged. In such case, products can only be returned in their original packaging within 5 working days. 4D Lifetec will not grant a refund for: (1) products which have been discontinued; (2) products which are personalized or customized; (3) products not purchased from 4D Lifetec; (4) products which are outdated, shelf-worn, used or defaced and, therefore, unsuitable for return to stock and resale as new; (5) reagents or chemicals which have been opened and (6) if, upon return, such product is determined by 4D Lifetec not to be defective.
Resale of 4D Lifetec products requires the express written consent of 4D Lifetec. 4D Lifetec products have not been approved for use in any clinical, diagnostic, or therapeutic applications. Obtaining license or approval to use 4D Lifetec products in proprietary applications or in any non-research (clinical) applications is the customer’s exclusive responsibility. 4D Lifetec will not be responsible or liable for any losses, costs, expenses, or liability arising out of the unauthorized or unlicensed use of 4D Lifetec products.
In certain cases 4D Lifetec may agree to manufacture and provide certain products as Custom Made Products. Customer must provide a Purchase Order detailing product specifications such as quantities, size, etc. and delivery schedule for reserved product. Purchase Orders for Custom Made Products may not be cancelled, but are subject to change. Both 4D Lifetec and Customer must agree on product specifications, production and testing techniques, and time of completion prior to the start of manufacturing a Custom Made Product.
Suitability Information of Products
Products delivered by 4D Lifetec are in accordance with the guarantee certificates or specifications in the catalogues of 4D Lifetec’s suppliers or on the label. In case of discrepancies, the information on the label is considered relevant. The Customer must make sure and confirms to comply with legal requirements for all specific products (e.g. GMP guidelines, legislation applying to food etc.. The general illustrations, substance information, weights and measures serve as information and do not constitute a warranty for the supplied quality. All information has been carefully researched by the manufacturer. Nevertheless, 4D Lifetec waives any responsibility for its accuracy.
Information and Advice without Obligation
Information on processing and application possibilities for the products distributed by 4D Lifetec, technical guidance and other data, are given according to the best of 4D Lifetec’s knowledge. However, they are not binding, and any liability shall be excluded. In particular, 4D Lifetec’s free verbal or written application consultation does not relieve the customer from checking the materials himself for their fitness and suitability for the intended processes or purposes.
The purchase of products distributed by 4D Lifetec does not constitute a licensing of 4D Lifetec’s patent rights in any form or of the patent rights of its suppliers. The export of goods purchased from 4D Lifetec can result in violations of the commercial patent rights of third parties and 4D Lifetec waives any liability for such actions by the Customer. 4D Lifetec reserves all rights to all designs, texts and graphics on its website. Copying or otherwise reproducing the entire website or parts thereof is only permitted for the purpose of placing an order with 4D Lifetec. The name of “4D Lifetec AG”, “4D Lifetest”, “4D Lifetank”, all page headings, navigation bars, graphics and icons are registered trade marks or brands of 4D Lifetec. All other trade marks, product names/logos that feature on this website are the exclusive property of the relevant rightholders. 4D Lifetec reserves the rights of ownership and copyrights to pictures, drawings, calculations and other documents. The Customer must obtain the explicit written consent of 4D Lifetec before passing these on to third parties.
4D Lifetec confirms that the provisions of the Swiss Data Protection Act and the relevant legal provisions will be observed during the collection, processing and use of personal data. Customer data acquired during the processing of the order will only be used to ensure a proper transaction. This data will only be passed on the 4D Lifetec’s contracting parties to ensure the proper performance of the services (order processing). The Customer expressly confirms that he agrees to this data being used in this way.
4D Lifetec and the Customer agree to keep confidential and not to disclose any technical, professional and pricing information of the other party to any third party without the prior written permission of the other party. This also applies to any information obtained during discussions, negotiations or exchanged verbally or in writing in relation to goods or deliveries.
Customer is responsible for the cost and operations related to the environmentally safe waste management resulted from the use of 4D Lifetec products.
Applicable Law and Jurisdiction
Through each placement of an order, the Customer exclusively accepts 4D Lifetec’s Terms and Conditions valid at the time the contract is concluded. These Terms and Conditions and the contracts concluded on the basis thereof shall be governed by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG). Exclusive place of jurisdiction is Zug, Switzerland.
These Terms and Conditions may not be modified, waived or amended except by written agreement signed by both 4D Lifetec and the Customer.
Cham, June 2018