By ordering a product hereunder, the customer accepts these terms and conditions. Products are defined as either produced kits or services. 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 Multiplexion GmbH these conditions shall govern all contracts between the Multiplexion 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. The Multiplexion GmbH shall confirm acceptance of the order in writing or by e-mail, or by sending the product and invoice.
Payment and Delivery
The Multiplexion GmbH will use its reasonable endeavours to deliver the products to the customer as soon as practicable. For the avoidance of doubt, the Multiplexion 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. The Customer hereby agrees to effect payment to Multiplexion GmbH by way of bank transfer.
The prices of the products shall be as set out in the webpage information and are correct at the time of entering the information. However, the Multiplexion GmbH reserves the right to change the price without prior notice. All Prices quoted are in Euro as indicated in the invoice or webpage information. All Prices quoted are exclusive of VAT and all other duties, taxes or charges which the customer shall pay in addition to the Price.
Whilst every effort will be made to meet the customer's individual requirements, the Multiplexion GmbH shall be under no obligation to accept amendments or cancellation of any order or any part thereof. If cancellation is accepted by the Multiplexion GmbH, any costs or expenses incurred by the Multiplexion GmbH up to the date of cancellation and all loss or damage resulting from the cancellation will be paid by the customer.
The Multiplexion GmbH shall be entitled to cancel any contract(s) with the customer (subject to refunding the price previously paid by the customer) without penalty at any time by giving written notice to the customer.
Use of Product
The product information is for informational purposes only. The Multiplexion GmbH accepts no responsibility for and excludes all liability for damage and loss in connection with the use of the product and/or the product information. Whilst the Multiplexion GmbH believes the information to be true and accurate at the date of writing, the Multiplexion 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 in responding to requests for information and advice by telephone, facsimile, and e-mail no liability is accepted by the Multiplexion GmbH where information relating to the customer's order is distorted in transmission. Any claim by the customer which is based on any non-performance or failure of the products shall be notified to the Multiplexion GmbH in writing within 14 days from the date of delivery of the Products. If the customer omits to notify the Multiplexion GmbH in accordance with this Terms and Conditions the Multiplexion GmbH shall have no liability for such non-performance.
Notwithstanding anything in these Conditions to the contrary and save for the liability of the Multiplexion GmbH for death and personal injury caused by its negligence, the liability of the Multiplexion 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 Multiplexion 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 Multiplexion GmbH has been informed of the possibility of such damages or is negligent. The Multiplexion liability for selling and delivering the products is as expressly stated and limited by these Conditions. All other warranties, rights, obligations, representations, undertakings liabilities, terms and or conditions (whether they are express or implied, or arise in contract, tort delict or otherwise, irrespective of the negligence of the Multiplexion GmbH) in connection with the products and all such warranties, rights, obligations, representations, liabilities, terms or conditions are hereby expressly excluded.
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. Termination for whatever reason shall not affect the rights and remedies accrued by the parties as at the date of such termination or any rights or obligations which due to the nature thereof are intended to survive termination.
If the Multiplexion GmbH is delayed or prevented from delivering the products due to circumstances beyond its control, the Multiplexion 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 Multiplexion 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 Multiplexion GmbH to enforce strict compliance with these Conditions by the customer shall not constitute a waiver of any of these Conditions.