Terms and Conditions of Sale: Boxer GmbH
General: Boxer GmbH registered at Ottobeuren / Germany (hereafter referred to as Boxer) sells exclusively under these terms and conditions unless prior written and signed agreement is clearly made between Boxer and the customer. Acceptance of an order does not infer recognition and agreement of a customer’s terms and conditions of purchase. On-line sales via the Boxer webshop have separate terms and conditions which are available following the link on the footer of webshop pages.
Suitability: Unless otherwise specified Boxer supplies components solely on a business-to-business basis which are intended for incorporation into a device, instrument or machine by a manufacturer. All published data is representative and does not imply maximum or minimum values. It is the responsibility of the customer to determine the suitability of the product for the intended application. Boxer is not responsible for statements or literature of third parties such as suppliers, distributors or resellers. It is the customer’s responsibility to ensure that all necessary regulatory approvals are met for the device in which Boxer products are incorporated. Boxer reserves to right to make periodic design and product improvements and alterations unless a separate written agreement is made with the customer.
Quotations: Unless otherwise specified in written form all prices are ex-works Ottobeuren / Germany, inclusive of packaging, valid for 60 days and exclude any applicable sales tax. Delivery times are estimated to the best of knowledge and are non-binding.
Confirmations: Confirmation dates are non-binding unless otherwise specified.
Cancellations: Cancellation of orders are not permitted once they have been confirmed. If in exceptional circumstances cancellation is agreed the costs will be calculated according to German law.
Payment terms: Boxer reserves the right to request payment in advance or offer 30 days from invoice date without deductions or acceptance of any bank charges of the purchaser or any intermediary. Boxer reserves the right to charge interest at 8% per annum above German base rate on overdue invoices.
Transfer of risk: If Boxer is arranging delivery transfer of risk of loss or accidental damage occurs when the goods arrive at the customer. If the customer is arranging collection or shipping is arranged using a customer’s courier account, transfer of risk occurs at the time of collection. Any transport damage must be notified to the carrier immediately upon receipt and to Boxer within 24 hours of receipt. Any obvious defects such incorrect or broken parts, shortage or missing parts must be notified to Boxer within 5 days.
Transfer of Title: Transfer of title to the customer is at the time of receipt of full payment.
Warranty: The warranty period is 12 months from date of delivery and covers material defects or faulty workmanship. Boxer has right to repair or replace any faulty products within a reasonable time. If a timely solution cannot be found the customer may cancel the contract of sales. If a product is considered to be faulty by the customer a returns number must be obtained from Boxer prior to return. The reasonable cost (such as regular carrier with economy service) of returning the products will be reimbursed subject to Boxer confirmation of the product being defective. If the product has been subjected to any hazardous substance (gas or liquid) Boxer must be informed in writing prior to the return and has the option to decline the warranty request. Opening or modifying products, removal of labels or operating products outside the specification invalidates the warranty.
Liability: Providing no wilful misconduct / gross negligence has occurred Boxer is liable for, and limited to, the foreseeable costs which typically include the material purchase value and shipping costs to/from the point of regular delivery. Additional compensation for other direct or indirect damages and consequential losses are excluded. Boxer not liable for damage to goods caused by normal wear, natural ageing or unsuitable use of the product. The burden of proof that the product has been used under normal operating conditions lies with the customer.
Applicable law / Salvatorian Clause: The contractual relationship with Boxer is subjected to German (court of Memmingen). If any clause in these terms and conditions are deemed invalid, it will not affect the validity of the remaining terms. In such a case, the invalid terms are to be replaced with a provision which reflects the intention of the original text as far as possible.
Additionally for On-line sales:
Business-to-Business Status: Boxer's on-line shop is exclusively for business-to-business (B2B) transactions. Businesses are individual persons, corporate bodies or partnerships having legal capacity to complete the transaction under their commercial or self-employed capacity. For EU customers a valid VAT / sales tax number is required to proceed through the order process. We are unable to offer our on-line service to businesses which are not VAT / sales tax registered.
Delivery, Import Duty and Customs Costs: The listed prices do not include the delivery costs. These are shown here. For non-EU deliveries import duties and custom fees may apply. If no pre-existing arrangements exists, customers will be contacted by the shipping company or local customs office to obtain approval to proceed with customs clearance. Boxer cannot influence this process nor are we responsible for any delays, return if shipment or loss of shipment if the shipping company or customs office is unable to contact the customer and obtain the necessary clearance information. We deliver all orders. Collections organized by the customer are not possible. We cannot deliver to Packstations or Postbox addresses.
Payment, Contract and Rerturns Policy: The contract of sale is made with Boxer GmbH. Payment terms are in advance via credit card or Paypal. The contract is binding at the time payment authorisation is made. Since Boxer delivers to the medical and life science markets we have strict controls of product cleanliness / contamination. Once a product has left our premises we are not permitted to resell or re-use any parts. For this reason, once payment authorization is received we do not accept cancellations nor the return of any products.