Terms & Conditions

These terms and conditions apply to the use of this website, including obtaining/purchasing of services and/or products over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

In these terms and conditions, the expressions "we" "us" and "our" are a reference to:

Romer Labs Division Holding GmbH
Erber Campus 1
3131 Getzersdorf
Austria

1. TERMS AND CONDITIONS REGARDING PURCHASES MADE FROM THE SITES

The CUSTOMER obliges himself and warrants, that he/she will strictly adhere to all rules (international as well as national ones) with regard to anti-corruption, anti-money-laundering, embargoes & sanctions, and similar ones - as well as to all regulations to avoid any kind of terrorism-financing. CUSTOMER hereby confirms, that he/she is neither listed on any sanctions/embargoes/watch-list nor that he/she is subject to any kind of similar restriction(s).

(a) Purchase Price

Except as otherwise provided in a Separate Agreement, all prices are exclusive of (i) tariffs, customs duties, storage or other charges incident to transportation or delivery; and (ii) any sales, use or other taxes. Taxes will be added to the price unless the Buyer provides a valid tax exemption certificate.

(b) Terms of Payment

Unless otherwise specified by the Seller or pursuant to a Separate Agreement, all amounts are to be paid in advance during the checkout process (pre-payment). For other arrangements, the defined terms are subject to Seller’s approval of Buyer’s credit. In such cases, if any payment is not made when due, Buyer shall pay Seller interest on the unpaid balance of the purchase price at of 1.5%/month (18%/year), unless such rate is prohibited by law, in which case the maximum rate permitted by law shall apply. If Buyer fails to pay any sum when due, Seller may declare all payments owing under these T&Cs and any other agreement with Buyer to be immediately due and payable and may suspend your access to the Sites and withhold any deliverables Seller owes Buyer.

(c) Delivery

Any term of delivery specified is tied to the date Seller receives Buyer’s order, and is only an estimate. Seller does not guarantee the delivery date, but will use reasonable efforts to do so. Seller may make partial shipments and submit a separate invoice for each shipment. All shipments will be F.O.B. Seller’s plant of choice, unless otherwise specified in writing. Seller may, at its option, deliver the order directly to Buyer’s customers, if applicable, upon Buyer’s request. Seller shall not be liable for any failure to deliver (including any of Buyer’s customers who refuse deliver, if applicable), or for any delay in the manufacture or delivery of, any order sold or to be sold by it if such a failure or delay is caused by delay or inability to obtain transportation; inability to obtain materials; shortage of fuel; failure of sources of supplies; labor disputes; accident; riot; war; terrorist act; embargo, restraint or demand of the United States or of any other government; nonfulfillment by Buyer of conditions of payment; natural disaster; or any other cause beyond the control of Seller. If at any time Seller shall be prevented by any of the above causes from the supplying all or any part of Buyer’s order and to its other customers under contract, Seller shall have the right to prorate the quantity then deliverable to Buyer and to its other customers.

(d) Acceptance

Buyer agrees to promptly inspect each order received from Seller. All claims for damage in transit shall be submitted directly to the carrier. When damage or shortage is observed at the time of delivery, the carrier’s delivery receipt must indicate the specific damage or shortage at the time of receipt. Buyer shall be deemed to have accepted an order within 2 business days following receipt unless it has previously notified Seller in writing of any claim. No claim shall be allowable after acceptance as provided in the T&Cs. Special order products or discontinued items are non-refundable and non-returnable. No-charge goods, which may be denoted as free goods, samples, premium goods, or replacement goods, are non-returnable for replacement, credit or refund. The replacement or credit value of a returned product will be issued at the net value when the purchase price includes a promotional or program special. Outdated products may not be returned unless shipped in error by Seller.

(e) Installation and Use

The Romer Labs Terms and Conditions are limited solely to the sale of the order described on the invoice, and Seller has no obligation to install the order. Buyer assumes all liability for installation and use of the order and shall be responsible for ensuring that the installation and use complies with (i) federal, state and local health, building and safety laws, codes and regulations; and (ii) Seller's instructions for the use (including limitations on the use) of the product. In particular, Buyer agrees not to use the products in any manner for non-commercial purposes, or for any human In-Vitro Diagnostic (“IVD”) purpose. Unless otherwise agreed by Seller in writing, Buyer agrees not to use any instrument or diagnostic products provided hereunder in combination with any non-approved, reagents, instruments, software and/or other products which are not provided by Seller or from a source authorized by Seller. Buyer acknowledges that failure to comply with any restriction of use set forth herein or in any user guide, protocols, kit inserts, or other documentation provided by Seller in connection with the products will (i) constitute a breach of the Romer Labs T&Cs, (ii) invalidate any warranty provided herein and any applicable service agreement, and (iii) constitute a violation or infringement of Seller's and/or a third party's intellectual property rights. Buyer indemnifies, holds harmless and agrees to defend Seller from any and all claims, damages, liabilities and expenses (including attorney’s fees) resulting from negligent or improper use of the product, including use of the product that does not comply with (I) such laws, codes or regulations, or violation of any such law, code or regulation, or (II) the use restrictions contained in the Romer Labs T&Cs or in any product description or product material.

2. Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

3. Membership

In order to access some information on this site, you may need to become a member. To become and remain a member you must register and abide by these terms and conditions together with our other specific membership rules included on this site from time to time.

We reserve the right to cease providing additional membership services and/or to terminate your membership at any time. You must make sure that you update your registration details if they change otherwise you may not be able to use the membership services.

You must ensure that any password enabling you to use our membership services is kept secure and that you do not allow anyone else to access the membership services using your membership.

4. Information

All information provided on this site is provided in good faith. You accept that the information is general and is not advice. We obtain our information from our own internal sources and from other sources and we may or may not update it from time to time as we see fit. We therefore cannot and do not give any warranties or assurances that any of the information is current, reliable, accurate or complete. Since we have no control over the internet generally, we also cannot warrant that your access will be timely, uninterrupted or secure.

You should make your own inquiries and seek your own advice from appropriately qualified people before acting on or relying on any information you find on this site.

5. DISCLAIMER

WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS DAMAGE, HOWEVER CAUSED (INCLUDING THROUGH NEGLIGENCE), WHICH YOU MAY DIRECTLY OR INDIRECTLY SUFFER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY LINKED WEBSITE, NOR DO WE ACCEPT ANY RESPONSIBILITY FOR ANY SUCH LOSS ARISING OUT OF YOUR USE OF OR RELIANCE ON INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE.

TO THE EXTENT PERMITTED BY LAW, ANY CONDITION OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS HEREBY EXCLUDED. WHERE LEGISLATION IMPLIES ANY CONDITION OR WARRANTY, AND THAT LEGISLATION PROHIBITS US FROM EXCLUDING OR MODIFYING THE APPLICATION OF, OR OUR LIABILITY UNDER, ANY SUCH CONDITION OR WARRANTY, THAT CONDITION OR WARRANTY WILL BE DEEMED INCLUDED BUT OUR LIABILITY WILL BE LIMITED FOR A BREACH OF THAT CONDITION OR WARRANTY TO SUPPLYING THE SERVICE AGAIN VIA THIS SITE.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR LOSS OF PROFITS, OR ANY OTHER FORM OF CONSEQUENTIAL LOSS OR DAMAGE.

6. Specific Warnings

You must ensure that your access to this website and use of any information is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

WE MAKE NO WARRANTY THAT SERVICES ACQUIRED FROM US OVER THIS WEBSITE WILL MEET YOUR REQUIREMENTS.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorized access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

7. Your Contributions

From time to time we may provide facilities for you and others to engage in dialogue with us and/or each other and generally enable you to submit material and comments to this site ("your contributions"). The following rules apply to those contributions and must be strictly observed (in addition to any applicable laws):

  • your contributions may be retained by us and you grant us a non-revocable, perpetual free license to use them as we see fit, subject to our privacy policy.
  • WE WILL NOT BE RESPONSIBLE FOR THE CONTENT OR LAWFULNESS OF ANY OF YOUR CONTRIBUTIONS OR ANYONE ELSE'S CONTRIBUTIONS. YOU SHOULD BE AWARE THAT WE WILL COMPLY FULLY WITH THE LAWFUL REQUESTS FOR ACCESS TO YOUR CONTRIBUTIONS AND IDENTITY MADE BY ANY ENFORCEMENT AGENCIES OR OTHER BODY HAVING JURISIDICTION.
  • you must not advertise, transmit, store, post, display, or otherwise make available pornography, obscene material, or discriminatory material (eg material which discriminates on the basis of nationality, race, religion, ethnic origin, or gender).
  • you must not transmit or post defamatory, harassing, abusive, or threatening language or material.
  • you must not forge or misrepresent (i.e. "spoof") message headers, whether in whole or in part, to mask the originator of your contributions.
  • you must not, without valid authorization, access or attempt to access computers, accounts, or networks belonging to us or another person, or attempt to penetrate security measures of our system or that of anyone else (often known as "hacking" or "cracking").
  • you must not distribute information regarding or engage in the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks or any other activities that disrupt the use of or interfere with the ability of others to effectively use this site.
  • you must not send unsolicited e-mail to other users of this site or anyone else via this site expressly or implicitly advertising your services or products (often known as "spam").
  • you must not engage in activities, whether lawful or unlawful, that we determine to be harmful to its other users of this site, our operations, reputation, goodwill, or customer relations.

8. Copyright

Copyright on this website and all parts of it (whether visible or audible or not and including all code) is owned or licensed by us. Other than as expressly allowed by law in any jurisdiction or as expressly authorized by us, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, display, perform, publish or create derivative works from any part of this website unless specifically stated; or
  • commercialize any information, products or services obtained from any part of this website.

9. Trade Marks

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this website).

All other trademarks, product names, and company names and logos appearing on www.romerlabs.com are the property of their respective owners.

10. Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. In particular, you may not without our written permission on-sell information obtained from this website or use the information in connection with any other commercial activity.

11. Linking

This website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

You may not link to this site without our permission. In any case, any material linked to on our site must not be framed but must be opened in a separate window and must clearly identify that it comes from this site. We are not responsible for making sure that any such link remains active and you should note that such links may be affected by any re-organization of this site, which we reserve the right to conduct without notice.

12. How we handle e-mails

We will preserve the content of any e-mail you send us and use it in the course of our business operations if we believe we have the legal requirement to do so.

13. Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

14. Termination of Access

We may terminate access to this website at any time without notice. Our disclaimer will nevertheless survive any such termination.

15. Comments/Complaints

Any comments or complaints relating to these terms and conditions or concerning any alleged infringement of them should be sent to dataprotection(at)erber-group.net.

16. Registration Policy

The details you provide when registering must be your own details and they must be correct. Impersonating someone else is a very serious breach of the terms and conditions of acceptable use which apply to your use of this site.

The primary reasons that we collect registration information is to customise the service that we provide to you whether through this site or by direct contact based on the information you provide. By providing your registration information, you are agreeing to us providing that service and promoting products or services we consider may interest you, from time to time.

We regard collection and retention of your personal information very seriously and will strictly observe our privacy policy in respect of your information.

If you have any concerns or questions, please contact: dataprotection(at)erber-group.net