Avicare+ GmbH & Co. KG, Leopoldstraße 116, 06366 Koethen (Saxony-Anhalt)
General Scope
The following terms and conditions are applicable for all our services, deliveries, orders and contracts. Any altering or exclusion has to be specifically agreed upon in writing by Avicare+. All offers are subject to change. In case an order is placed Avicare+ will store customer data necessary to conduct the business relationship, for example address and contact details.
The exclusion of one or several clauses of the terms and conditions does not render the remaining terms and conditions invalid. Terms and conditions that are invalid or void are automatically replaced by terms and conditions that meet the purpose of the original the closest.
Any customer terms and condition contradicting our terms and conditions are rejected by Avicare+. In case Avicare+ is providing services or products to a customer and knowing about such contradicting terms and conditions Avicare+ terms and conditions come into force as soon as the good or services have been accepted by the customer. This automatic acceptance also overrules a previous rejection by the customer.
Avicare+ terms and conditions are valid for any future business without further notification.
Contractually binding agreements are made and confirmed in writing.
2. Type and scope of services / order placement
Type and scope of the services are defined by the placed order. Prior to order acceptance the following data must be provided:
(1) Customer data including delivery and payment information
(2) Target animal type
(3) Number of animal for vaccination
(4) Livestock, current, at customer facilities
(5) Responsible veterinary
Avicare+ reserves the right to refuse orders due to technical and/or capacity limitations. Accepted orders can be sub-contracted. All subcontractors are approved by the Quality Department and compliant with rules and regulations to conduct the specific services or production.
2.1 Offer, Contract agreement
A contract based on a customer order is only coming into effect by written customer confirmation, start of production or delivery of the material.
In case of doubt, customers are bound to their order for 14 work days.
2.2 Pricing, shipping and shipping costs
(1) All our prices are in EURO including sales tax. Shipping costs, insurances, customs duties and any other form of public levy are excluded.
(2) Unforeseen increases in costs, for example currency exchange rates, tax increase, customs duties or other public levies for import, drastic raw material price rises, will be passed on by Avicare+ to the customer. Over and above a price increase of 15% by Avicare+ the customer has the right to cancel the order.
3. Delivery: Terms and Deadlines
The standard terms of delivery for livestock specific vaccines is 6 to 8 weeks after order placement and isolate reception.
The Customer will be informed promptly about any delay in delivery caused by technical or methodological difficulties.
(1) Agreed delivery terms define the date of shipment from Avicare+.
(2) Deliver terms are based on correct and timely supply of materials and information by the customer and arrival of the goods.
(3) Any delay caused by force majeure or circumstances beyond the control of Avicare+ that arise after the contract came into force, allows Avicare+ to extend the delivery terms respectively plus an appropriate further extension.
(4) Avicare+ is not working in advance, if the contract does not specifically state otherwise. We reserve the right to delivery on cash in advance.
(5) In case of delivery delays the customer has the right to cancel the contract after he has given a new deadline in writing. In case of doubt, a time of delay of 4 weeks is reasonable.
(6) Avicare+ is entitled to partial deliveries in reasonable batches.
(7) Transport is the responsibility of the customer. The risk is transferred to the customer with the handing of the goods to the transport agent. Or, if Avicare+ is transporting the goods the risk is transferred with the start of the loading, at the latest with the departure from the facility.
4. Customer materials and requirements
(1) In case the customer supplies Avicare+ with parts or materials, pathogens, for livestock specific vaccines, the customer has to ensure a required level of quality as well as the suitability of the material for further processing and production of the final product. Transport and packaging have to ensure that the material is not damaged until the arrival in the laboratory. Avicare+ is only responsible if the work has been done to its definitions and the missing quality or suitability can be traced to this.
(2) Avicare+ rejects all liabilities and warranties for defects and reduction in quality of the final product caused by customer materials or requirements.
If an order can not be processed successfully, because of customer material condition or requirements, Avicare+ can not be held liable for delivery. Avicare+ is entitled to charge for expenses and cost.
If an order can only be processed with additional effort and cost, these costs have to be covered by the customer.
(3) It is the customer’s responsibility to comply with rules and regulations for the shipment of pathogens and the necessary safety standards. When shipping pathogens with specific risks a written notification has to be given in advance. Samples have to be marked accordingly. Any resulting damage, injury, breach of safety regulations is the customers liability.
5. Obligations, Quality, Defects
Avicare+ is working according to DIN EN ISO 9001 standards.
(1) Our products comply with the agreed customer specifications. It is the customers responsibility to define the specifications as well as the decision of the application and use of the products. Avicare+ does not have an obligation of testing the products.
(2) Avicare+ does not accept any responsibilities beyond the delivery of the products. Consulting is specifically excluded.
(3) Claims can not be made for defects or reduction in quality after the risk has been transferred to the customer or by the customer.
(4) It is the customers responsibility to check the product for defects including quality and quantity deviations. Warranty claims have to be made within 10 days after delivery in written form. In case of hidden defects it has to be done immediately after discovery. Otherwise the delivery is accepted as per the agreed contract. Notes on delivery tickets are not considered as warranty claims.
(5) In case of a warranty claim Avicare+ has the right to rectify the defect. Generally this is a free replacement of the product. The term for the rectification is 4 weeks, if there is no specific interest of the customer interfering with it.
(6) In the relationship between the customer and Avicare+, the manufacturer, it is the customers responsibility to observe the results of our products after use and to respond to potential dangers or threats.
6. Right to refuse, Damage claims
Avicare+ is only liable for damages caused by intent or gross negligence. In case of gross negligence the liability is limited to the damage that could be expected according to the known circumstances at the time of the start of the contract.
Other than claims in accordance with legal ruling or return of products due to defects, an exchange or a return of livestock specific vaccine is not possible. There is no obligation on our side to accept and or store returns without prior agreement.
A replacement for vaccines due to shelf life limitations is not possible.
7. Use of livestock specific vaccines
With the use of livestock specific vaccines the risk of side effects due to possible bacterial toxins or adjuvant side effects can not be ruled out completely.
Especially for resulting damages, such as production losses and decreasing values of the vaccinated birds, Avicare+ can not be held liable.
Customers using our livestock specific vaccines are required to test these on a small amount of animals to avoid any compatibility problems prior to deciding on the use for the entire livestock or a large amount of animals.
8. Confidentiality
Avicare+ ensures full confidentiality for all data and information of any contract relation that is not already part of the public domain or generally known.
9. Terms of Payment
Payment terms are net 30 days after issuance of the invoice for any undisputed amount. In the event of any disputed amounts, such disputed amounts are payable within 15 calendar days of resolution mutually agreeable to both parties.
The bill contains the account information.
10. Governing law, Jurisdiction
The legal address for all our services is at our production facility in Köthen (Saxony-Anhalt). The governing law for all legal relations between Avicare+ and our customers is German law. Jurisdiction and venue for all legal proceedings related to any contract shall be exclusively in a federal of state courts having jurisdiction in Saxony-Anhalt.
International private law is not applicable. The 1980 United Nation Convention on contracts for international sales of goods shall not apply to the interpretation of any contract with respect to international sales.