Terms of service

1. Validity

The following General Terms and Conditions apply to all current and future transactions between Sayco Europe GmbH and the customer. They may be amended by Sayco Europe GmbH and shall then become part of the contract in the version valid at the time the contract is concluded. Deviating terms and conditions of the customer, regardless of their nature, which we hereby expressly reject, shall not become part of the contract even if we do not object to them. Special agreements and ancillary agreements require the written consent of our authorised employees.

2. Conclusion of contract

Our offers are subject to change. With the publication of a new price list or another written agreement, older offers lose their validity. We reserve the right to adjust prices to increased costs. Orders can be placed in writing or by telephone. By placing an order, the customer recognises our General Terms and Conditions. In the order, the quantity to be supplied and the articles must be clearly identified by the product name and order number or pharmaceutical centre number. We reserve the right to reject orders within 14 days of receipt. Orders shall be deemed to have been accepted if they are either confirmed by us in writing or executed immediately after receipt of the order or on time. We reserve the right to recalculate in the event of obvious calculation errors.

3. Prices

The prices are calculated according to the price list valid at the time of the order. The prices are ex warehouse Bietigheim-Bissingen plus the applicable statutory VAT. We reserve the right to change prices.

4. Terms of payment

The amount is to be paid without deduction no later than 14 days after the invoice date. If payment is overdrawn, standard bank interest will be charged. The debtor is at liberty to provide evidence of lower damages. We reserve the right to check the creditworthiness of new customers and to deliver against advance payment. The same applies to other customers if, in the course of the business relationship, doubts arise as to their creditworthiness or solvency.

5. Delivery

Delivery shall be ex warehouse Bietigheim-Bissingen at the customer's risk. Partial deliveries are permissible.

6. Shipping costs

We ship the ordered goods with DHL. From a net order value of Euro 45,00,- we ship free of charge within Germany, below that we charge pro rata shipping and packaging costs of Euro 6,90,- plus VAT. For countries within the EU we charge a flat rate of 14.50 euros for shipping.

7. Insurance

We will insure the goods on request for a fee.

8. Reservation of ownership

The delivered goods shall remain our property until the purchase price has been paid in full. In the event of insolvency proceedings, the customer shall be obliged to identify the goods as our property to any third party by labelling or otherwise. In the case of an own application, this must be done before the application is filed; in the case of a third-party application, this must be done immediately after the customer becomes aware of the third-party application. The same applies to seizure measures by third parties against the customer. We must be informed immediately of the occurrence of such an event. As long as a claim exists on our part, we are entitled to demand information from our customer at any time as to which goods delivered under retention of title are still in his possession and where they are located; in the event of the assertion of our retention of title, we are entitled to charge a lump sum for the costs incurred by the return of the goods in the amount of 10% of the list price and to deduct this from the corresponding credit note.

9. Exchange and return

There is no right of exchange for goods from properly made deliveries. Items that have been opened and are not in their original packaging cannot be exchanged. No compensation can be paid for returns of faultless goods without our consent, and the shipping costs for returns are to be borne by the customer.

10. Warranty

Our warranty is based on the statutory period of 24 months. Obvious defects must be reported to us in writing no later than 8 days after receipt of the goods. Hidden defects must be reported immediately after their discovery. The rejected items must be sent to us. Our liability for obvious defects is limited to free replacement delivery of defect-free items. If this is not possible for us, the customer may demand cancellation. The warranty obligation shall lapse if the customer does not store or use the items properly. The customer shall be obliged to provide evidence of proper storage or use. If we or the carrier are not notified in writing within 7 days of any breakages, shortages or incorrect deliveries occurring during transport, we shall assume that the goods have been delivered in the condition stipulated in the contract.

11. Claim for defects

Claims for defects on the part of the customer require that the customer inspects the goods in accordance with § 377 HGB (German Commercial Code) and notifies us of defects in writing with a precise description of the defect and a copy of the delivery note or invoice. Recognisable defects must be reported to us within 14 days of delivery, hidden defects within 14 days of their discovery. Acceptance of the goods may not be refused due to insignificant defects. If there is a defect, we may initially remedy it at our discretion by repair or subsequent delivery. Rectification and subsequent delivery shall be carried out without recognising any legal obligation.

12. Liability

We are not liable for the consequences of incorrect use of our goods or use not recommended by us.

13. Trademark

Our goods may only be resold under our trade mark. For medical reasons, our products may only be sold in their original packaging. Refills or partial quantities may not be offered, sold or otherwise passed on.

14. Privacy policy

The customer is informed that personal data may be stored and processed by us and affiliated companies in accordance with the provisions of the BDSG. Furthermore, we are authorised on the basis of the BDSG to place selected debtor data of the customer in anonymised form in connected data pools for the purpose of creditworthiness checks.

15. Place of fulfilment and jurisdiction

The place of fulfilment for both parties is the registered office of Sayco Europe GmbH. Australian law shall apply exclusively to all agreements and legal acts.

16. Interpretation rule

In the event that one or more provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions.

Subject to changes and errors
As at 06.2022