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General Terms and Conditions

  1. The General Terms and Conditions apply to all contracts, deliveries, services and offers between the DIZG and its clients, unless otherwise explicitly agreed upon in writing or as is required by law.

    They also apply for all future business relations even if they are not again explicitly agreed upon. For deliveries, these conditions are considered accepted and apply at the latest upon receipt of the product. Counter-confirmations set forth by the customer with regard
    to his or her own terms and conditions are expressly prohibited and will not be recognized.

  2. Varying terms and conditions on behalf of the client are only binding after written approval, even if they are not explicitly objected to or if the service is performed despite awareness of contrary terms and conditions.

  3. The offers of the DIZG - unless explicitly stated otherwise - are non-binding and subject to change. They are based on the current list of apparent compensation expenses or provided cost estimates. When a new list is published, all previous lists, including any former
    amendments, are declared invalid.

  4. All orders from the DIZG are binding only after explicit written confirmation, or if contracts are fulfilled by the DIZG through shipment
    of the products and delivery of the bill. Unless otherwise specified, the DIZG adheres to its offer price for 30 days after the date of the
    offer. Otherwise, the prices listed in the DIZGʼs order confirmation and the current service fees apply, not yet including the current value
    added tax. Additional deliveries and services are charged separately.

  5. The delivery fees apply for shipments from the Institute in Berlin, unless otherwise agreed upon, and
    include the necessary packaging, in compliance with pharmaceutical regulatory and quality assurance guidelines.

  6. All dates and deadlines can be agreed upon in a binding or nonbinding manner, but are only binding if they are specified in writing.

  7. DIZG is not responsible for any delivery and service complications due to acts of God or due to circumstances, which severely hinder a
    timely delivery by the DIZG or even make shipment impossible. These circumstances include later occurring difficulties in the preparation of biological tissue, operational disturbances, strikes, lockouts, personnel shortages, lack or loss of means of transportation, official orders, etc., even if they occur with subcontractors or contractors for the DIZG. These difficulties entitle the DIZG to postpone the delivery or service for the duration of the hindrance, plus a commensurate amount of time to restart project operations, or to withdraw from all or part of the contract due to the unfulfilled portion of the order.

  8. The client is not entitled to any compensation for the delay, unless it is caused by gross negligence on behalf of the DIZG.

  9. The risk is then passed on to the buyer as soon as the consignment is handed over to the person responsible for handling the delivery, or has left the institute for shipment. If the consignment is for any reason and by no fault on behalf of the DIZG undeliverable, then the risk is passed on to the customer as soon as the readiness for shipment has been declared.

  10. The DIZG ensures that the medicinal preparations are free of any defects. The warranty period begins with the passing of risk and
    ends with the expiration date. If the operation and instruction manuals are not followed, or the medicinal preparations are altered or
    used for any non-intended application, the warranty is declared invalid.
  11. Any defects must be immediately reported in writing to the DIZG by returning the delivery receipt no later than within one week of receiving the product. Any defects that become apparent, even if not discovered after careful examination during this one-week time period, should be immediately reported to the DIZG in writing.

  12. In the event that the products are not commensurate with the warranty, the buyerʼs rights are solely limited to the replacement of that product. If the product is not replaced within a reasonable time period, to be at least six weeks, then the client may request a rescission of the contract.

  13. All other contracts not relating to the shipment of products expire upon the completion of the agreed upon services, expiration of the agreed upon time period, or termination of the contract. The contract does not expire in the case of death, or in the event of legal incapacity on behalf of the client, or in the case of the companyʼs dissolution.

  14. Any contract agreed upon for an indefinite time period can be terminated by either party by giving notice three months up to the end of each calendar quarter, unless otherwise agreed upon. The termination notice must be submitted in writing. Each party is entitled to terminate the contract on important grounds without previous notice. The termination must be tendered in writing, stating explicit reasons for cancelling the contract. Important grounds may include situations in which one party violates the contract or any secondary obligation, and, after a just examination of both partyʼs interests, a continuation of the contract cannot be expected of the other party due to the severity of the contract violation and the individual circumstances, particularly the duration of the contract.

  15. If the order is terminated or the matter has been settled before its complete implementation, this has no effects on the costs already incurred. Further claims of the DIZG to damage compensation remain unaffected.

  16. Damage compensation against the DIZG as well as its vicarious agents and auxiliary persons due to impossibility of performance, positive violation of contractual duty, negligence in contracting, tortuous acts, particularly regarding consequential harms caused by defects are excluded, unless in the event of willful misconduct or gross negligence.

  17. A contract, its execution and any subsequent claims thereof are subject to the laws of the Federal Republic of Germany. Place of fulfillment and jurisdiction is Berlin.

  18. In the event that any provision of these terms and conditions of use is or shall become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one, which comes as close as possible to the intended aim.


Phone: +49 30 5770 78060

Mail: distribution@dizg.de

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