General Terms and Conditions of Business and Sale (GTC)
of pluriSelect Life Science UG (haftungsbeschränkt) & Co.KG (PLS)

§ 1 General

These General Terms and Conditions apply to all services provided by PLS to business partners, legal entities or special funds under public law. Conflicting or supplementary general terms and conditions of the customer are expressly rejected. They shall only apply if PLS expressly agrees to their validity.

§ 2 Offer and acceptance

(1) PLS offers are subject to change and non-binding; they serve the customer to submit a contract offer.

(2) The contract between PLS and the customer is concluded if PLS accepts the customer's offer (contract or order) within four (4) weeks of receipt of the offer by the customer or if the customer receives the ordered goods within this period.

§ 3 Price and payment

(1) Unless otherwise stated, the agreed prices are ex works, excluding packaging, shipping, customs duties, taxes and insurance. The costs for packaging, shipping, customs, taxes and insurance shall be borne by the customer.

(2) The price to be paid in EURO is based on the currently valid price list of pluriSelect Life Science UG & Co KG, unless another price or another currency has been expressly agreed. The price does not include the statutory value added tax.

(3) The payment of the deliveries and services of pluriSelect is due without deduction upon delivery or service and receipt of the invoice by the purchaser, unless otherwise agreed.

(4) Payments by bill of exchange and/or check shall only be accepted after express prior agreement. Additional costs, such as discount charges, bill charges, etc., shall be borne by the customer. If payments are made in a currency other than EURO, the payments shall be due at the exchange rates valid on the day of invoicing. The balance is deemed to be the day on which pluriSelect Life Science UG & Co.KG

(5) If the customer's ability to pay deteriorates in the period between conclusion of the contract and delivery or if PLS becomes aware of justified concerns regarding the customer's ability to pay, PLS is entitled to

a) to demand payment before the agreed due date,

b) to withhold outstanding deliveries and services until full payment has been received,

c) to demand payment before the expiry of the contractual period if bills of exchange are accepted.

(6) The purchaser is not entitled to offset against payment claims of pluriSelect Life Science UG & Co KG, unless his claims have been legally established or are undisputed. The purchaser is only entitled to a right of retention if his claim is based on the same contractual relationship.

§ 4 Delivery Time

(1) PLS shall render its services within the agreed period.

(2) If PLS's deliveries are delayed for reasons beyond PLS's control, such as force majeure, illness, strike and the like, the delivery period shall be extended accordingly. This shall also apply if such circumstances occur at PLS's subcontractors. The customer cannot derive any claims for damages from such circumstances.

§ 5 Shipping, transfer of risk, insurance and samples

(1) Shipment and transportation of the goods shall be at the expense and risk of the customer.

(2) The risk is transferred to the purchaser with the dispatch of the goods; this also applies to partial deliveries. At the express request of the purchaser, the shipment will be insured by pluriSelect Life Science UG & Co. KG against theft, breakage, transport, fire and water damage as well as other insurable risks.

(3) If the shipment is delayed due to circumstances that lie within the sphere of influence of the orderer, the risk is transferred to the orderer from the day of readiness for shipment. pluriSelect Life Science UG & Co. KG is, however, obliged to take out the insurance requested by the orderer at the latter's request and expense.

(4) The purchaser is obliged to accept goods in accordance with the contract. If the orderer is in default with the acceptance of the goods, pluriSelect Life Science UG & Co. KG is entitled, after setting a fourteen (14) day grace period, to withdraw from the contract and/or to demand compensation or to deliver comparable goods at the agreed conditions within a reasonable delivery period. Any additional costs shall be borne by the customer.

(5) In the event of damage to or loss of the goods, the customer must immediately arrange for a damage assessment with the carrier. In the event of damage, pluriSelect Life Science UG & Co. KG is obliged to immediately draw up a record of the transport damage.

(6) In the event that pluriSelect Life Science UG & Co. KG provides samples to the purchaser, the purchaser is obliged to use the samples exclusively for internal evaluation or test purposes. Commercial utilization or use is expressly excluded. In particular, the purchaser is not entitled to sell or pass on the samples to third parties.

§ 6 Retention of title

(1) With the exception of the cases mentioned in § 5 paragraph (6), the customer is revocably authorized to process and sell the delivered goods in the ordinary course of business in compliance with the following conditions.

(2) PLS retains title to the delivery item until receipt of all payments from the ongoing business relationship with the customer. The retention refers to the recognized balance. If payment by check or bill of exchange has been agreed, this reservation extends to the redemption of the bill of exchange accepted by PLS and does not expire with the crediting of the check received by PLS.

(3) The customer shall always process or transform the delivery item on behalf of PLS. If the goods are mixed or combined in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to PLS on a pro rata basis. At the request of the customer, PLS undertakes to release the securities to which it is entitled insofar as the value of the claims to be secured, insofar as these have not yet been settled, exceeds more than 20%.

(4) The goods subject to retention of title may only be sold in the ordinary and proper course of business and only if claims from the resale have not already been assigned to third parties beforehand. The claims to which the purchaser is entitled from the resale shall be deemed to have been assigned to pluriSelect Life Science UG & Co KG upon conclusion of the contract, even if the reserved goods are combined or processed with other items. In this case, the assigned claims are only to be used as security in the amount of the value of the reserved goods sold in each case. pluriSelect Life Science UG & Co KG will not collect the assigned claims as long as the customer meets his payment obligations; rather, the customer remains authorized to collect the claims. The orderer is obliged to inform pluriSelect Life Science UG & Co KG of third-party debtors upon request and to notify them of the assignment. 

(5) The purchaser must inform pluriSelect Life Science UG & Co. KG immediately of any access by third parties to the goods delivered under retention of title or to the assigned claims.

(6) In the event of breach of contract by the purchaser, in particular default of payment, pluriSelect Life Science UG & Co. KG is entitled to take back the delivery item after withdrawal from the contract and the purchaser is obliged to surrender it.

§ 7 Returns, refunds, cancellation policy

In the event of a shipping error on the part of pluriSelect, either a replacement will be delivered free of charge or the customer will receive a credit to his account.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise the right to cancel, you must inform us (pluriSelect Life Science UG & Co. KG, Deutscher Platz 5a, 04103 Leipzig, Germany, info@pluriselect.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this.

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.