Terms and Conditions

The following General Terms and Conditions of Sale and Delivery shall apply to the entire business relationship between Sterilizer Autoclave Solutions and customers. By placing the order the Customer recognizes them as being binding on him. Deviating, contrary or supplementary general terms and conditions shall not become part of the contract, even if they are known, unless applicability of the same is expressly agreed in writing. If terms are agreed in the contract in writing which deviate from these General Terms and Conditions of Sale and Delivery the contractual regulations shall prevail.

The current prices published by Sterilizer Autoclave Solutions applicable on the day of the order shall apply. Prices shall be inclusive of shipping expenses. Sales and use tax shall be calculated separately according to the statutory provisions applicable on the day of delivery or service. Deliveries and services shall be subject to technical or other changes to the extent reasonable.

Goods purchased through Sterilizer Autoclave Solutions website are always shipped at no additional cost to the buyer with insurance on the shipment. Unless otherwise agreed in writing, the price risk shall pass to the Customer upon dispatch of the goods; in case of default in acceptance by the Customer the price risk shall pass to the Customer upon delivery of the goods at the delivery address specified in the order. Unless otherwise agreed in writing Sterilizer Autoclave Solutions shall choose the place of dispatch and the shipping route and the means of transport at its discretion and shall not assume any liability for cheapest and fastest transportation.  Freight delivery of goods is limited to at delivery address on truck and shall not include additional services such as lift gate or inside delivery.  The customer is responsible for removing freight goods from the delivery vehicle.  Additional services may be purchased by customer such as but not limited to inside delivery, lift gate service and or product set up.  Delivery times and unloading periods stated are always non-binding unless otherwise expressly agreed in writing. If the Customer provides the means of transport, he shall be liable for timely provision. Delays, if any, shall be notified to Sterilizer Autoclave Solutions in time. Resulting costs shall be borne by the Customer.

The Customer shall immediately inspect the goods for defects. Incomplete or incorrect deliveries and apparent defects or incorrect deliveries shall be notified to Sterilizer Autoclave Solution not later than 14 days after receipt of the goods; latent defects and errors shall be notified immediately upon identification of the same. The notice shall clearly state the type and scope of the alleged defect. If defects or errors are not notified on time, the shipment shall be deemed approved and asserting of warranty claims shall be excluded.

In the case of well-founded and timely notices of defects Sterilizer Autoclave Solutions shall improve the goods, grant a price reduction or make a substitute delivery (replacement) or take the goods back against refund of the purchase price in adequate consideration of the Customer’s interests. Sterilizer Autoclave Solutions shall choose the remedy under warranty. If Sterilizer Autoclave Solutions do not comply with the warranty obligation, the Customer shall be entitled to reduce the price reasonably or to rescind the contract. Any other claims in relation to Sterilizer Autoclave Solutions, in particular for direct damages or consequential damages, shall, to the extent permitted by law, explicitly be excluded. Fulfilment of a well-founded warranty obligation shall not affect any guarantee commitments made in relation to third parties. Accordingly, such fulfilment shall not extend the period, neither with regard to warranty, nor with regard to guarantee.

Delivered goods may only be sent back with Sterilizer Autoclave Solutions prior consent. If goods are returned nevertheless, Sterilizer Autoclave Solutions shall be reimbursed any and all costs incurred by them as a consequence thereof. The Customer may not deduce any claims or other legal consequences from acceptance of returned goods. In the event that it is agreed that goods will be taken back Sterilizer Autoclave Solutions reserve the right to charge a handling fee for the costs incurred in connection with the returned shipment and, when crediting the value of the goods, to deduct an amount that corresponds to age and condition of the goods. Sterilizer Autoclave Solutions shall determine the amount of such reduction.

STERILZER AUTOCLAVE SOLUTIONS LIABILITY FOR DAMAGES UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO STERILIZER AUTOCLAVE SOLUTIONS FOR THE PRODUCT PURCHASED IN CONNECTION WITH WHICH THE CLAIM AROSE. IN NO EVENT WILL STERILIZER AUTOCLAVE SOLUTIONS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK WHICH IS SET FORTH IN THIS SECTION.

Invoices for deliveries of goods shall be paid in accordance with the relevant agreements made. If no written agreement on the payment period exists between the parties, all payments of invoice amounts shall be due immediately upon receipt of the invoice and shall be made without deductions. At the request of Sterilizer Autoclave Solutions the mode of payment may be changed to collection on delivery.

The delivered goods shall remain property of Sterilizer Autoclave Solutions until the Customer has completely fulfilled his obligation, in particular payment of the purchase price plus ancillary costs and interest, charges, expenses, etc.

In the case that events of force majeure affect Sterilizer Autoclave Solutions or any of their upstream suppliers Sterilizer Autoclave Solutions shall be entitled to suspend deliveries for the time of the obstruction and a reasonable start-up period or the rescind the contract in whole or in part according to the consequences of the events of force majeure. Events of force majeure shall include but not be limited to: all impacts of the elements, such as earthquake, lightning, frost, storm, floods; war, laws, acts of authorities, seizure, transport interruption, export bans, import bans and prohibition of transit, international payment restrictions, failure of supply of raw materials or energy failure; business interruptions, such as, e.g., explosion, fire, strikes, sabotage and any other events that could only be prevented with unreasonable costs and commercially unreasonable means.

The Customer expressly agrees that personal data which has been and/or will be made available by the Customer may be collected, processed and used by Sterilizer Autoclave Solutions for marketing purposes or other purposes by means of a customer database. This consent may be revoked by the Customer at any time with effect for the future.

These General Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina and the federal laws of the United States of America. The parties hereto consent to submit to the jurisdiction of the Courts of the State of North Carolina for any actions, suits or proceedings arising out of or relating to these General Terms and Conditions.

These General Terms and Conditions constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, purchase orders, understandings and negotiations, whether oral or written, between the parties hereto with respect to such subject matter.