Terms and conditions

As of June 2021
  1. Preamble
    1. The following terms and conditions apply to all deliveries and services provided by Oroboros Instruments GmbH.
    2. These terms and conditions may only be amended or modified in writing.
    3. The placing of an order is deemed to be acceptance of these terms and conditions.
  2. Language
    1. The general language of official documents including offers, invoices and technical documentation is English. The internal documents of Oroboros Instruments GmbH in German due to the company’s location.
    2. If a customer requires a translation of any internal documents of Oroboros Instruments GmbH into another language, the customer shall bear the costs incurred from the specific translation requested.
  3. Documents provided with a Quotation
    1. Along with a quotation, technical specifications and sole-source information of Oroboros Instruments GmbH are sent electronically as PDF files upon explicit request. Requested express delivery of hard copies will be charged separately.
    2. Bank charges in conjunction with a Bank Guarantee potentially requested by the customer will be charged separately.
  4. Certification
    1. CE Certification
      1. The following products supplied by Oroboros Instruments GmbH are CE certified (conformity with health, safety, and environmental protection standards for products sold within the European Economic Area (EEA)): O2k-packages, ISS-Integrated Suction System, TIP2k-Module, O2k-Fluo LED2-Module for Series D-G, Microbalance Set, Motic Microscope, PBI-Shredder O2k-Set
    2. CSA Certification
      1. The products of Oroboros Instruments GmbH are not CSA certified. The customer may arrange the certification required through any certification body and testing agency with relevant expertise. If the customer requires Oroboros Instruments GmbH to arrange the certification, the customer shall bear any costs incurred from the certification issued by QPS Evaluation Services Inc.
  5. Installation and setup
    1. A complete O2k-Manual with a start-up guide and setup instructions, application examples and selected literature are provided on a USB flash drive included in the delivery of each O2k instrument. The latest version of the documents is also available as PDF files for download: oroboros.at/index.php/O2k-Manual.
    2. The simple installation and set-up are performed by the customer based on the O2k-Manual included on the USB flash drive or available on the website of Oroboros Instruments GmbH.
  6. Free Software Updates
      Within the warranty period, software updates including the latest version of the O2k-Manual are available for free of charge download on the website of Oroboros Instruments GmbH.
  7. Cancellation of a Purchase Order
    1. If the customer cancels a purchase order after the order acceptance from Oroboros Instruments GmbH and before the date of dispatch, Oroboros Instruments GmbH will charge 15% of the total amount of the purchase order as a cancellation fee.
    2. A cancellation received after the date of dispatch will not be accepted.
  8. Cancellation of a Workshop Registration
    1. A cancellation is accepted before the early registration deadline.
    2. In case of a cancellation received after such deadline, the registration fee paid will not be refunded and accommodation costs will be charged according to hotel cancellation policy.
  9. Shipping
    1. Unless otherwise agreed, DAP Incoterms 2020 (to shipping address indicated on customer’s purchase order, taxes and duties unpaid) shall apply.
    2. Unless otherwise agreed, shipping costs are calculated for shipment via UPS. If the customer chooses a different carrier, the costs might change.
  10. Transfer of Risk
      Risk of loss or damage to goods shall pass to the customer upon arrival in destination country prior to customs clearance.
  11. Prices
    1. Unless otherwise agreed, all prices on quotations provided by Oroboros Instruments GmbH are net in euro including packing, handling and world-wide delivery.
    2. Unless otherwise agreed, all prices on quotations are valid for ninety (90) days from quotation date.
    3. All taxes, customs duties and other charges are to be borne by the customer.
    4. Prices are subject to change without prior notice.
  12. Payment
    1. Payment Terms
      1. Invoice amount is due within thirty (30) days from invoice date and delivery, whichever is later.
      2. Costs incurred for processing the payment transaction will not be covered by Oroboros Instruments GmbH .
    2. Payment Methods
      1. Checks cannot be accepted for payment.
      2. Payment may be made by wire transfer, bank details:
          • Our DUNS Number: 648606309
            Bank account: Hypo Tirol Bank AG, Austria.
            Branch: Meraner Strasse 8, A-6020 Innsbruck, Austria.
            IBAN (Internat. Bank Acc. No.): AT90 57000 21011094970.
            BIC (Bank Identifier Code; Swiftcode): HYPTAT22.
            Account No.: 21011094970, Sort Code: 57000.
      3. Payment may be made by VISA / MasterCARD:
    3. Delayed Payment
      1. If the full payment is not received by the due date, Oroboros Instruments GmbH reserves the right to charge interest of 8 % (per annum) on any unpaid balance for each started month in default after the third reminder and a reminder fee of EUR 25.
      2. If the full payment is not received after the first payment reminder, Oroboros Instruments GmbH reserves the right to reject any warranty claims by the customer on products.
  13. Transport Insurance
    • The delivered goods are to be checked upon arrival. In case of damages due to transport or any missing parts, Oroboros Instruments GmbH shall be informed within seven (7) working days in writing.
  14. Warranty Coverage and Service
    1. A warranty of two years is offered on all products of Oroboros Instruments GmbH (except consumables and glassware) starting from the date of delivery.
    2. If a product becomes defective during the warranty period, Oroboros Instruments GmbH will repair or, if repair is impossible, replace it under warranty without cost for the customer.
    3. Return for Repair
      1. Prior to return of a defective product, the customer shall follow the diagnostic procedures described in the O2k-Manual, guided by the Support Team of Oroboros Instruments GmbH.
      2. The return of the defective product requires an express agreement from Oroboros Instruments GmbH. Certain repairs, e.g., sensor service, can be made by the customer and do not require a return shipment. Any defective products returned without prior agreement from Oroboros Instruments GmbH will not be accepted and returned to the customer at the customer’s expense.
      3. For returning a O2k main unit or any parts, the packing and shipping instructions shall be followed to avoid damage and delays, see: oroboros.at/index.php/Shipping_an_O2k#General_packing_instructions. Only the original packing Box 1 with the original expanded polyethylene inlets shall be used for shipping the O2k main unit, otherwise the warranty will be void. Modules or parts shall be packed with sufficient mechanical protection.
      4. The return of a defective product is to be made at the customer’s risk and expense. Any costs incurred from the return of a defective product to the workshop of Oroboros Instruments GmbH and its return to the customer after repair are to be borne by the customer.
      5. Upon receipt of a defective product, the type and cause of the defect will be analysed and documented by Oroboros Instruments GmbH.
        1. If the defect is confirmed by Oroboros Instruments GmbH as such, the repair or replacement will be undertaken under warranty without cost for the customer.
        2. If the defect is caused by improper handling, use or transport, the warranty does not apply, and the repair or replacement of such defective products will be undertaken at customer's expense.
          A reasonable cost estimate can only be made after a thorough examination of the defective product by dismantling it. The cost of EUR 252 for such examination is part of the repair cost. This cost will be charged to the customer only if the customer requires a cost estimate prior to the repair, and also if the customer requests not to undertake any repair after receiving the cost estimate.
    4. Warranty Exceptions
      • The warranty shall not apply in the following cases:
        - Consumables and glassware
        - Defects caused by improper handling, use or transport
        - Failure to follow the packing instructions
        - Failure to make the full payment
  15. Reservation of proprietary rights
    • The delivered goods remain the property of Oroboros Instruments GmbH until the receipt of the full payment of the purchase price.
  16. GDPR
    • Oroboros Instruments GmbH processes all customer data based on legal provisions (the General Data Protection Regulation GDPR, in German DSGVO). For detailed information, please see our data protection declaration:
      www.oroboros.at/index.php/privacy-policy/
  17. Legal Disputes
    1. All disputes arising out of or relating to this contractual agreement between Oroboros Instruments GmbH and the customer located in the EU or in an EFTA state shall fall exclusively within the jurisdiction of the courts in Innsbruck, Austria.
    2. All disputes arising out of or relating to with this contractual agreement between Oroboros Instruments GmbH and the customer located outside of the EU and outside the EFTA shall be determined by arbitration administered by the International Arbitral Center of the Austrian Federal Economic Chamber in accordance with its International Arbitration Rules. The number of arbitrators shall be one. The place of the arbitration shall be Vienna. The language used in the arbitration proceedings is German.
    3. For all legal relations between Oroboros Instruments GmbH and the customer including these terms and conditions, Austrian substantive law applies under exclusion of the UN Sales Convention.

      Oroboros Instruments GmbH
      High-Resolution Respirometry
      Schoepfstrasse 18, A-6020 Innsbruck, Austria
      T +43 512 566796, F +43 512 566796 20
      Email: instruments@oroboros.at | www.oroboros.at
      Mitochondria and Cell Research