Terms and conditions - Pharmaserv AG
General terms and conditions
1. Subject of the contract
Pharmaserv Ltd. (hereinafter called “Pharmaserv”) sells pharmaceutical raw materials specified in the price list, web shop or other written documents to their customers (hereinafter called “customer”) under the following terms and conditions:
2. conclusion of the contract
A contract between the customer and Pharmaserv is given not before the customer has provided his order and the same has been confirmed by Pharmaserv. Customers purchasing order has to be made by phone, mail or via internet. Pharmaserv accepts this order either by (a) order confirmation by fax, e-mail or mail (b) delivers the material which has been ordered by the customer (including batch-related certificate of analysis).
All information about the pharmaceutical raw material which the customer obtains during his ordering process are not binding. In particular, errors in descriptions, images and quotations are reserved. All technical information on individual pharmaceutical raw materials are based on information provided by manufacturers and is binding in this respect.
The delivery date is an estimation and is not confirmed
Pharmaserv delivers their products to qualified/authorized comanies only.
We do not supply to private/indivudual person.
5. Payment terms
All catalog prices are guidelines that are gradually adjusted to the market demand. Prices are in Swiss Francs (CHF), including VAT. Transportation and handling charges are extra. Payment must be settled within 30 days net from date of invoice. In case of non-compliance of the payment period or delay in payment, Pharmaserv is entitled to charge CHF 20 as compensation for the expenses occurred by the demand note handling. If an invoice is not paid within the period of payment, the customer is in default without reminder. For new customer an advance payment can be requested. Pharmaserv reserves the right to request an advance payment also to existing and regular customers.
6. Terms of delivery
All orders and deliveries are processed to authorized companies only. We do not supply to private persons and individuals. If available in stock, the pharmaceutical raw material will be supplied immediately to the given delivery address of the customer. Otherwise, a written order confirmation with an estimated delivery date is made. The delivery and partial deliveries of the pharmaceutical raw material are at the cost and risk of the customer. If a pharmaceutical raw material is no more available from the manufacturer, Pharmaserv reserves the right to cancel the customers order.
7. Reservation of proprietary rights
Until full payment the material supplied remains property of Pharmaserv. If the customer has delay in payment Pharmaserv is entitled to cancel the order and to reclaim the material in charge.
8. Return of goods
Pharmaserv is willing to refund the ordered material by the customer under the following conditions: A positive decision to refund the material is only given in written. The pharmaceutical raw material must be in unopened, undamaged original packaging (undamaged, free from additional labels, unglued). Deadline for returning goods is 14 working days starting from the date of delivery. The returning costs are borne by the customer/buyer. If above mentioned returning condition is not followed properly by the customer, Pharmaserv reserves the right to refuse a withdrawal. Any expenses derived to a non-orderly return of the material will be charged to the customer. If the buyer/customer has returned the material in charges properly, he will receive a credit note from Pharmaserv. The delivered pharmaceutical raw material can only be returned in their original packaging unopened and with original seal, complete, in perfect and undamaged condition.
9. Warranty of defects and liability
For all catalogue and web-based pharmaceutical raw materials the shelf live is according to the supplied batch-related certificate of analysis received from the manufacturer. If a supplied pharmaceutical raw material is not in accordance to the customer’s specifications, a replacement by another batch/lot or a credit note will be arranged by Pharmaserv. The liability of Pharmaserv is void if changes on the product are made without the written consent of Pharmaserv. In particular Pharmaserv is not liable for damages resulting from improper usage of the pharmaceutical raw material of for damage not caused by the pharmaceutical material itself.
10. Intellectual property
Pharmaserv reserves all rights for every design, text, each graphic on its website. Copying or any other reproduction of the entire web page content or parts of this website is permitted only for the purpose of placing an order or an enquiry to Pharmaserv. The label Pharmaserv, all page headers, navigation bars, graphics, illustrations and button icons are the property of Pharmaserv. Its usage to third party requires written consent of Pharmaserv.
11. Data privacy
Pharmaserv assures that during collection, usage and processing of customer data Swiss federal law has been taken into account. Customer data will be used only to ensure the proper business transaction. The disclosure of customer data to partner companies is only to ensure proper order processing. In this respect the customer entitles Pharmaserv to use his data.
12. Jurisdiction and applicable law
These terms and conditions and the contracts concluded under these terms shall be subject to Swiss federal law. Jurisdiction is Stansstad (Nidwalden). Pharmaserv reserves the right to prefer the jurisdiction of the customer.
13. Final provisions
Our general terms and conditions (GTC), its version and content, which are mentioned in the same period of time as during the customers ordering process are valid. In particular our terms and conditions should also apply if they differ from those of the customer. A provision which is or becomes invalid has no effect to the legal force of the remaining provisions. Pharmaserv reserves the right to adjust the general terms and conditions anytime.