Purchase and delivery conditions

1. Scope

These general terms and conditions of sale and delivery ("GTCs") are an integral part of the contract between Chemie Brunschwig AG ("Chemie Brunschwig" or "we") and its customer ("Customer"). This to the extent that both parties have not arranged expressly something else in writing.

The current and binding version of these TCs is online accessible at www.chemie-brunschwig.ch. A printed edition can be obtained from Chemie Brunschwig.

In the case of differences between the present translated English version and the original German version of the GTCs, the latter will prevail.

Any of the Customer's general terms and conditions deviating from these GTCs are not applicable.

2. Product Information and Orders

The information given in prospectuses and the like as well as on the website of Chemie Brunschwig, especially the presentation of products and the publication of price lists do not constitute binding offers, but only an invitation to the Customer to submit an offer. Similarly, information on availability and any delivery periods are non-binding. Orders can be placed with Chemie Brunschwig by telephone, in writing (letter or fax), using the electronic order system on the Chemie Brunschwig's website or via e-mail. The contract with the Customer is concluded when Chemie Brunschwig expressly declares acceptance of the offer or – without prior express declaration of acceptance – ships the products to the Customer. Order confirmations or confirmations of receipt do not constitute acceptance of the offer.

3. Prices and Terms of Payment

Our prices apply from Basel, incl. conventional packaging. Special packaging components such as dry or wet ice will be billed separately. Transport, VAT as well as the VAT and the steering tax on volatile organic compounds (VOC) will likewise be billed separately.

The billing statement is due and payable 30 days after the billing date. After this deadline passes, the Customer is automatically in default. For payments from abroad, any bank charges debited to Chemie Brunschwig or deducted from the purchase price will be charged to the Customer.

Chemie Brunschwig reserves the right to change its prices at any time. However, the prices in Swiss francs (CHF) in effect on the order date apply to the products ordered by the Customer.

4. Packaging

The products will be delivered in the original packaging.

5. Shipping Goods and Return Shipments

Benefits and risk transfer to the Customer when the product is shipped. Return shipments can only be accepted on condition of prior arrangements. Chemie Brunschwig reserves the right to deduct a portion of the value of the products in case of return of delivered products, depending on their condition. The cost of returning the products shall be borne by the Customer.

6. Use of the Products

The Customer shall use (i.e. storing, processing, re-selling, etc.) the products as intended, whether for therapeutic, cosmetic or food purposes, and only in accord with all applicable regulations. Chemie Brunschwig is not liable for damages owing to storage and/or processing that violates regulations, re-selling that violates regulations or other improper handling of the products.

7. Reservation of Title

Chemie Brunschwig remains the owner of the object purchased until the purchase price has been received in full. The Customer shall support Chemie Brunschwig in all measures necessary for the protection of the property of Chemie Brunschwig. The Buyer hereby authorizes Chemie Brunschwig to register retention of ownership in the corresponding public register in the manner provided by law.

8. Defects and Warranty

Chemie Brunschwig warrants that the products sold to the Customer conform to the manufacturer's specifications for such products. Any defects in the products delivered are to be reported to Chemie Brunschwig immediately in writing, otherwise the products shall be deemed accepted. To the extent that there is a defect in the delivered products for which Chemie Brunschwig is responsible, Chemie Brunschwig is entitled at its own discretion to make a replacement delivery or to refund the price. The Customer renounces all further claims in connection with the delivery of defective products.

Warranty claims can be asserted for a maximum of one (1) year after delivery, provided that the Customer has notified the defect in due time.

9. Liability

Customer's right to compensation for damages is limited to gross negligence or unlawful intent on the part of Chemie Brunschwig. This also applies to the assertion of warranty claims pursuant to paragraph 8 above.

10. Data Protection

Personal data is processed in the course of processing and handling orders. The Customer agrees that Chemie Brunschwig is entitled, in the case of delivery on open account, to transmit personal data to a credit company for the purpose of evaluating the creditworthiness of the Customer. The processing of personal data is governed by the Privacy Policy of Chemie Brunschwig.

11. Severability Clause

Should any provision in these GTCs be or become invalid, the validity of all other provisions of these GTCs shall not be affected thereby. An invalid provision shall be replaced by a valid provision which best corresponds to the sense and purpose of these GTCs and which achieves the same or a similar economic effect.

12. Applicable Law and Court of Jurisdiction

The contractual relationship between Chemie Brunschwig and the Customer is subject to substantive Swiss law. The applicability of the Vienna Convention on the International Sale of Goods (CISG) and of collision norms is excluded. The court of jurisdiction for all disputes arising from or in connection with the contract is– reserving any other compulsory court of jurisdiction under federal law – Basel.

Chemie Brunschwig, however, reserves the right to bring legal action at the domicile or main office of the Customer, whereby Swiss law remains exclusively applicable according to the paragraph above.

(Last modified: 25.01.2022)