Forms of Payment
Leibniz-Institut DSMZ-Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH,
Inhoffenstr. 7B, D-38124 Braunschweig, Germany
either by bank transfer or credit card.
Please indicate your invoice number/customer number with your payment!
Leibniz-Institut DSMZ-Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH
Braunschweigische Landessparkasse / Norddeutsche Landesbank Girozentrale
Account No.: 2 039 220
Bank Code: 250 500 00
IBAN DE22 2505 0000 0002 0392 20
SWIFT NOLADE 2 H
P.O. Box 33 41
If you wish to pay by credit card (American Express, Master, Visa), please provide us with the card number, name of the card holder and the expiry date on the credit card form.
The place of jurisdiction and performance is Braunschweig.
Terms & Conditions
These conditions shall apply to all supplies of the particular products, services and identifications of bacteria, fungi, yeasts and cell cultures provided by DSMZ to its customers. These conditions presuppose that the customer is a legal entity validly established under the applicable laws, and maintaining business connection to DSMZ is within the scope of its trade, business or profession. These conditions shall apply to each individual contract between DSMZ and a customer as far as the individual contract is not degressing from these conditions. The following conditions in their valid form shall apply for our future supplies and service even then, if not reconsigned or reemerged to the customer. DSMZ does not accept any terms and conditions contrary to these conditions, except if such terms and conditions have been expressly accepted by DSMZ in writing. Any such acceptance shall apply only to the contract at issue, and in particular not to any past or future supplies or services. The acceptance of supplies and services are classified as acceptance of our conditions without prejudice of former objections or services.
2. Order Conditions
Our offers are without obligation and subject to confirmation. Written order confirmation is in time if carried out with invoice. Unwritten agreements obtain legal validity only by written confirmation. Orders must be in written form and are binding on DSMZ only if confirmed in writing or by delivery and service in terms of the order. All products and services are delivered CPT “Carriage Paid To” (Incoterms 2010). Unless otherwise agreed, DSMZ will arrange for shipping and packaging at customer's expense. Transportation insurance is provided only if requested in writing and paid for by customer. No delivery date shall be binding on DSMZ. The obligation to deliver any products or services shall be subject to the performance of the biological material, to the condition precedent that DSMZ shall have been supplied correctly and in due time by its suppliers, and that DSMZ, in its sole discretion, determines the products and services to be safe to use and not detrimental to be merchantable.
3. Terms of Delivery
Customer accepts responsibility for appropriate handling of the biological material. Customer has to ensure that the received biological material will be processed by qualified personnel in an appropriate laboratory environment. DSMZ reserves the right, to survey new customers concerning their legal status, authorisation, expertise and appropriate facility.
Customer has to be familiar with all applicable biological, microbiological, chemical and / or radio-active security standards as well as special practices, equipments, environments and regulations.
Deliveries and services are subject to different national and international regulations, e. g. regulations for protection against infection (e.g. Infektionsschutzgesetz), genetic engineering (e.g. Gentechnikgesetz) and control of war arms (e.g. Kriegswaffenkontrollgesetz). DSMZ refers expressly to the updating in public media and arrangements in particular contracts.
Delivery of products of risk group 2 within Germany is carried out solely subject to customer’s official permit for processing with pathogenic germs according to § 44 Infektionsschutzgesetz. The biological and genetically risk group is given in the available web-sites as well as within the product labelling. In either case DSMZ recommends materials handling with containment methods of risk group 2.
DSMZ assumes no liability for damage or injuries resulting from orders, use or improper handling of delivered products and services. DSMZ’s liability shall not cover collateral or imminent manufactured products from DSMZ products or consequential damage.
DSMZ, its employees and subcontractors shall be liable for claims for damages, whether based on contract or any other legal theory, only to the extent that the damage was caused by gross negligence or willful misconduct imputable to DSMZ. Such liability being limited to damage as DSMZ could have reasonably foreseen at the time of signing the contract.
DSMZ is not taking responsibility for lost of viability of the biological material due to irradiation or other transport damage or delay. Customer is responsible for consultation of national customs and postal authorities in threatening danger.
Customer is also responsible for enquiring actual national regulations, e. g. import restrictions. DSMZ assumes no liability for customer’s violation of laws or obligations.
5. Quality of products
Customer is aware of the products and services being biological material and therefore subject to changes of quality beyond the control of DSMZ. DSMZ’s high quality standard supports availability of pure, viable and authentic biological material. DSMZ shall not be deemed to have guaranteed certain properties of the products and services except if it has expressly confirmed such guarantee in writing. DSMZ issues no guarantee for durability of the products and services. Public declaration of consistency of the products and services in DSMZ’s publications or other publishments constitute no guarantee.
In addition to these conditions the following requirements are valid:
- Patent- and Safe-Deposit
5.1. Patent- and Safe-Deposit
DSMZ assumes no liability for correctness of the depositor's information concerning patent and safe deposits. Biological material being deposited for patent and safety reasons as well as associated documentation will be treated strictly confidentially. DSMZ assumes no liability for loss of the biological material or its viability.
The work of the DSMZ Identification Service is performed on a strictly confidential basis. After completion of the identification studies the original culture(s) sent, and all sub-cultures prepared will be destroyed. DSMZ assumes no liability for viability of strains sent for identification.
The taxonomy on which the identification is based reflects the current state of science at the time of identification. DSMZ assumes no liability for identification results and any consequences resulting for the customer.
Information concerning strains, invoices and the results of the identification can only be communicated to the person signing the contract. Prices are according to the current price list.
6. Amendments and Modifications
DSMZ reserves the right to amend or modify these conditions from time to time by unilateral notice with proactive effect. Subject to storage conditions, legal regulations and other requirements DSMZ reserves the right to cancel availability of products or their delivery condition without prior notice.
DSMZ reserves the right to supply orders of biological material specified by another culture collection number according to the strain history of the organism with it’s corresponding DSM number.
7. Scope and Term of Use
On payment of the sums for delivered products, customer acquires ownership in the products. Use of the products is restricted to the facility of the customer. Commercial distribution to third parties is limited permitted and requires the previous written consent of DSMZ and potentially the written acceptance of any additional provisions and limitations imposed upon DSMZ by such third party.
DSMZ assumes no liability for commercial propagation to third parties. Free of charge propagation is not permitted.
Certain products require a Material Transfer Agreement. Temporary right to use the product and the obligation for return or destruction after expiration of use requires the previous written consent of DSMZ. In case of third party property rights, Customer may only use the products after written acceptance of any additional provisions and limitations imposed upon DSMZ by such third party.
Unless otherwise noted all microorganisms and plant viruses supplied by DSMZ are for in vitro use only. All human, animal and plant cells supplied by DSMZ are for scientific use. All products supplied by DSMZ require laboratory environment and processing by qualified personnel.
8. Limited Remedies for Defects (Warranty).
Customer has to inspect any products and services delivered immediately after arrival to see if it is in perfect condition; such inspection includes an immediate test of growth capability. Any damaged or missing product has to be reported to DSMZ without undue delay, but in any case within 4 weeks from the date of delivery, to preserve customers’ rights to remedies for defects or late delivery. Due to individual consistency of biological material DSMZ reserves the right of expertise the notice of defects and the decision for free of charge replacement by the responsible curator. DSMZ reserves the right to decide whether to replace any product or service which proves to be defective free of charge or to refund fees. Delivered biological material is excluded from exchange.
9. Terms of Payment
All invoices shall be paid to one of DSMZ’s bank accounts or via credit card immediately upon receipt without any deduction by declaration of invoice number. All products and services are billed based on the price list prevailing at the time of acceptance of the order by DSMZ. Any taxes and duties payable on the date of invoice shall be added to the prices indicated in any publication or price list.
Late payments by Customer are subject to an interest charge of 5 percent above the respective main refinancing operation’s interest rate fixed by the European Central Bank.
10. Force Majeure
In case of force majeure the agreement can either be considered as judicially cancelled without customer and DSMZ being entitled of any compensation or the delivery time(s) are extended with the currency of the force majeure.
DSMZ will consider as force majeure: war, mobilization, terror acts, blockade stagnation of work, transport obstructions, measures of commercial policy, strikes, the non-delivery or non due deliveries of the goods by suppliers to DSMZ, natural phenomena and in general all circumstances, events, causes and consequences which are beyond our control without our having to show the influence of one or more of the circumstances mentioned above.
11. Severability Clause
If some particular disposition or parts of these dispositions or additional written contracts should be declared null and void, this will not effect the remaining dispositions and the validity of the agreement. The parties commit themselves to substitute the agreement by another one fulfilling the same purpose.
Any amendment to these conditions, separate contracts and divergence of written form must be in writing signed by all parties.
12. Governing Law
All contracts and these conditions shall be governed by the laws of Germany.
All disputes arising under or in connection with contracts or these conditions shall be submitted exclusively to the competent courts in Braunschweig.