Section 1 Scope of Application
General Terms and Conditions of SCHOTT AG
for the US-Pharma Online Shop
- These General Terms and Conditions apply to all contracts between SCHOTT North America, Inc. („SCHOTT“) and customers purchasing products of SCHOTT via its „Pharma Online Shop“.
- Offers of SCHOTT in its „Pharma Online Shop“ are exclusively for enterprises, i.e. natural persons or legal entities purchasing for business activities.
Section 2 Conclusion of Contracts
Section 3 Prices and Delivery
- Presentations of products in this „Pharma Online Shop“ are not legally binding offers. By presenting products SCHOTT invites customers to making binding offers to SCHOTT (Orders). After having chosen the products, the customer receives a compilation of the chosen products together with the net purchase prices as per Sec. 3.1. The customer will have the opportunity to check the choice of products, in particular as regards quantities and prices, and to correct it, if need be. The customer then issues a binding offer to SCHOTT by clicking on „SUBMIT YOUR ORDER”. SCHOTT will confirm the receipt of the Order by email. However, such confirmation is not a legally binding acceptance of the Order, but only informs the customer on the receipt of the Order by SCHOTT. The Order becomes effective and binding only if and when SCHOTT issues a pro-forma invoice on the Order to the customer.
- SCHOTT reserves the right to reject an Order if the relevant products are not available. Further, SCHOTT reserves the right to cancel a confirmed Order if it later turns out that the relevant products are not available. In such a case, SCHOTT will notify the customer without delay and reimburse any payments. SCHOTT will have no further liability or obligation to the customer for any cancelled Order.
Section 4 Terms of Payment
- The prices valid for the Orders are those indicated at the time the Order was issued. Prices are net prices, excluding any applicable Value Added Tax, sales or use tax, or any other governmental taxes or charges that may be imposed on the Order. Cost of delivery and any other additional cost, if applicable, will be shown in the compilation of the chosen products.
- SCHOTT will deliver to the address indicated by the customer. A delivery is possible only within the countries indicated in the „Pharma Online Shop“.
- Deliveries are FOB DESTINATION for deliveries within the US, and DAP DESTINATION under Incoterms® 2020 for deliveries outside the US. In the event that SCHOTT takes responsibility for shipping, the cost of freight may be prepaid and billed to the customer.
- Any date or time of delivery indicated in the pro-form invoice is legally not binding. Any delivery is subject to the receipt by SCHOTT of the purchase price. Any given time of delivery will be calculated from the receipt of payment.
- SCHOTT reserves the right to fulfill all or parts of its obligations through any affiliate entity directly or indirectly controlled by SCHOTT AG or a third party distributor.
Section 5 Warranties and Liabilities
- All payments must be made by way of pre-payments based on the pro-forma invoice.
- All payments must be made within two weeks from receipt of the pro-forma invoice. SCHOTT reserves the right to cancel the Order without prior notice if payment has not been fully received within that time period.
Section 6 Data Protection
- Orders are subject exclusively to these General Terms and Conditions and SCHOTT’s Terms of Sale applicable at the time of shipment of the Order. The current reference to SCHOTT’s Terms of Sale can be accessed here.
- In case of any conflict between these General Terms and Conditions and SCHOTT’s Terms of Sale, these General Terms and Conditions shall control.
- No additional or different terms of the customer shall apply to any Order.
Section 7 Copyright
- We will collect process and use all personal data we receive from the customer exclusively in accordance with applicable statutory provisions. Details on the scope of processing of personal data may be viewed on the “Data Protection Policy” for this „Pharma Online Shop“.
- We may transfer personal data to third parties serving as our local sales partners for the provision of after sales services to the customer. We will restrict ourselves to data necessary for the relevant service and will ensure that the transfer is compliant with all required data security measures. SCHOTT will only transfer data to third parties having committed themselves to data protection and to the processing of all data in compliance with applicable law.
The content of the website “Pharma Online Shop”, including all texts, graphics, photos and illustration remain sole property of SCHOTT or its licensors. The content is legally protected by copyrights or otherwise. We hereby prohibit any acts of copying, saving or processing the content, in particular when using texts of pictures.
Section 8 Final Provisions
- If any of these provisions is or becomes invalid, the remaining provision remain unaffected. The parties will replace the invalid provision by such valid provision that comes closest to the intended economic and business purpose of the invalid provision.
- Any disputes, claims or actions arising out of or related to any Order shall be submitted exclusively to the state and federal courts located in Westchester or New York counties within the State of New York, U.S.A. and the parties hereby consent to the venue and jurisdiction of those courts for that purpose.
- The Order is subject to the laws of the State of New York, excluding its rules on conflicts of law and excluding the UN-Convention on the International Sale of Goods.
- The customer is responsible for the compliance with all applicable statutory, regulatory and administrative provisions regarding the export control of the United States of America and any other relevant countries, in particular for obtaining all approvals necessary for the export or import of the products. The customer confirms that the products will not, directly or indirectly, be exported to or imported into countries prohibiting or restricting their export or import.
SCHOTT – Last changed September 2020