Terms and Conditions

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By ordering a product hereunder, the customer accepts these terms and conditions. The terms and conditions may be subject to change at any time and it is the customer's responsibility to check the terms and conditions prior to ordering such products for any amendments and/or alterations. Unless otherwise specifically agreed in writing by the Minerva Biolabs GmbH these conditions shall govern all contracts between the Minerva Biolabs GmbH and the customer for the sale of any of the products and shall prevail over any conditions or terms stipulated, referred to or incorporated by the customer in its order or negotiations.

Placing of Orders
All orders placed by a customer shall be subject to the product availability and the written acceptance of the Minerva Biolabs GmbH. The Minerva Biolabs GmbH shall confirm acceptance of the order in writing, sending the product and invoice or by e-mail.

Payment and Delivery
The Minerva Biolabs GmbH will use its reasonable endeavours to deliver the products to the customer as soon as practicable and in general within 1-3 days of the date of order acceptance. For the avoidance of doubt, the Minerva Biolabs GmbH will not be in breach of these conditions or have any liability whatsoever for failing to deliver the products to the customer by this date.

Partial deliveries are permitted, any delivery is an autonomous business.

Unless otherwise agreed in writing by the Minerva Biolabs GmbH, payment of the full price (including any VAT) and any additional costs (including but not limited to postage /packaging/carraige costs) will be made by the customer in full before delivery shall be effected.

Price
The prices of the products shall be as set out in the Price List and are correct at the time of entering the information. However, the Minerva Biolabs GmbH reserves the right to change the price without prior notice. All Prices quoted are in Euro or US $ as indicated in the Prise List / Invoice. All Prices quoted are exclusive of VAT and all other duties, taxes or charges which the customer shall pay in addition to the Price.

Cancellation
Whilst every effort will be made to meet the customer's individual requirements, the Minerva Biolabs GmbH shall be under no obligation to accept amendments or cancellation of any order or any part thereof. If cancellation is accepted by the Minerva Biolabs GmbH, any costs or expenses incurred by the Minerva Biolabs GmbH up to the date of cancellation and all loss or damage resulting from the cancellation will be paid by the customer.

Use of Product
The product information sheet ("Product Information Sheet") delivered with the products sets out the Company's recommended use and storage of the products. The information contained in the Product Information Sheet is for informational purposes only and should not be relied upon. The Minerva Biolabs GmbH accepts no responsibility for and excludes all liability for damage and loss in connection with the use of the product and/or the information contained in the Product Information Sheet. Whilst the Minerva Biolabs GmbH believes the information to be true and accurate at the date of writing the Minerva Biolabs GmbH can give no assurances or warranty regarding the accuracy, currency or applicability of any of the information in relation to specific situations or particular circumstances.

Although every care is taken by the Company in responding to requests for information and advice by telephone, facsimile, and e-mail no liability is accepted by the Minerva Biolabs GmbH where information relating to the customer's order is distorted in transmission.

Liability
Notwithstanding anything in these Conditions to the contrary and save for the liability of the Minerva Biolabs GmbH for death and personal injury caused by its negligence, the liability of the Minerva Biolabs GmbH under these Conditions (whether by reason of breach of contract, tort, delict or otherwise) shall be limited to the price paid by the Customer for the relevant products.

In no event shall the Minerva Biolabs GmbH be liable for any indirect damages including but not limited to, damages for loss of business or revenue, loss of profits or loss of goodwill or other damages consequential upon the same regardless of whether or not the Minerva Biolabs GmbH has been informed of the possibility of such damages or is negligent.

Quality Control
The Minerva Biolabs GmbH will endeavour to comply with all applicable regulations and other legal requirements concerning sale and delivery of the products.

Termination
The Company may defer or suspend the performance of the contract and or treat these Conditions as determined if the customer:

breaches any of these Conditions; undergoes insolvency proceedings of any nature or enters into any arrangement with its creditors.

Miscellaneous
If the Minerva Biolabs GmbH is delayed or prevented from delivering the products due to circumstances beyond its control, the Minerva Biolabs GmbH may cancel or suspend the contract without any liability (subject to providing the customer with the appropriate refund in the event that such delay or prevention is not due to an act or omission of the customer).

These Conditions shall be governed by and construed in accordance with German Law. The customer hereby submits itself to the non-exclusive jurisdiction of the German Courts.

The Minerva Biolabs GmbH shall be responsible for adherence to german laws and regulations insofar as products manufactured in germany are exported. The observance and implementation of laws and regulations applying outside germany shall be the exclusive responsibility of the customer.

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining conditions shall not be affected.

Failure or omission by the Minerva Biolabs GmbH to enforce strict compliance with these Conditions by the customer shall not constitute a waiver of any of these Conditions.

Minerva Biolabs GmbH, Berlin 05/2005

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