General Terms and Conditions
APONTIS PHARMA Deutschland GmbH & Co. KG

Our preparations may only be sold in the unchanged original packaging and notin partial quantities. Similarly, the individual sale of parts of our clinic packages andrepackaging is not permitted.

The minimum order quantities and reference units stated in our price lists are binding for the order composition. We will change deviating order quantitiesto the next higher quantity that corresponds to the minimum order quantities or reference units.

The sales prices that are stated in our price list are subject to change. They only apply to domestic requirements. The calculation is made in EURO at the prices valid on the day of delivery.

All deliveries are uninsured for the account and made at the buyer’s risk. The delivery shall be deemed to have been fulfilled the moment the goods have been properly handed over to the carrier. At the seller’s request, the buyer is obliged to provide evidence of his authorization to purchase medicinal products (wholesale license, pharmacy operating license, narcotics license, etc.). In the case of an order value of more than 2,000 EURO, the Seller shall bear the packaging costs as well as the transport charges to the place of destination. For small orders up to 500 EURO, a minimum quantity surcharge of 5 % shall be charged. Packaging, mode of dispatch and dispatch route shall be determined by us at our expert discretion. In the case of special requests, the difference between the most cost-effective and the requested shipping method will be charged. Delivery of the ordered goods may be refused, made dependent on the provision of security or only proved against cash on delivery should the financial circumstances of the buyer make this appear necessary. All related costs shall be borne by the buyer.

Our invoices are payable in EURO within 30 days of the invoice date and without any deductions. With payment made by SEPA direct debit mandate within 8 days of the invoice date, we reserve the right to deduct a 1.0% discount from the value of the goods, plus value added tax. For other payment methods, the discount rate is reduced to 0.75% for payments within 8 days. Decisive for the fulfillment is the day of receipt of payment, in the event of bank transfers the day of crediting. Checks are only accepted on account of payment subject to encashment. In case of overdue payments, interest on arrears may be charged at a rate of 3% above the respective discount rate of the Deutsche Bundesbank. We reserve the right to assert claims for further damages caused by default. Employees of the seller shall only be entitled to receive payments if they can prove that they have a written power of attorney.

Quantity-related complaints can only be acknowledged if they are made in writing, made within 8 days of receipt of the consignment in writing and by enclosing the delivery note. Claims for compensation in the event of receipt of damaged goods and consequences arising therefrom can only be asserted by the buyer with the transport company. We do not take back purchased, defect-free goods. Our written consent must be obtained prior to any return. If products of our company are still returned to us without our prior written consent or carriage forward, we shall neither be obliged to keep the goods, nor be obliged to refund or replace them. The buyer shall always bear the risk for a return of goods.

The delivered goods remain our property until receipt of full payment of all claims to which we are entitled from the business relationship with the buyer (in the case of payment by check, until it has been cashed). Transfer by way of security, pledging, assignment by way of security and other extraordinary dispositions, with the exception of sale, in the ordinary course of sale are not permitted. In the event of access by third parties, reference must be made to this reservation of title, and we must be notified immediately. The buyer is obliged to insure the unpaid goods against possible damage. In the event of damage, he shall assign the claim from the insurance contract to us.

Offering supply substitute products instead of our trademarked preparations is inadmissible, as it is to associate our trademarks with the word “substitute” in price lists, offers, etc. or to juxtapose the names of substitute products. It is also not permitted to use our trademarks on the goods, labels, advertising material, etc. when processing our preparations that are sold under registered trademarks without our express permission.

Should individual points of these terms and conditions turn out to be invalid, this shall not affect the validity of the remaining terms and conditions.

Place of performance and jurisdiction

The place of performance for the mutual obligations is Monheim, the place of jurisdiction is Düsseldorf if the buyer is a registered trader within the meaning of the German Commercial Code.

Status: 08 April 2021