Terms and Conditions


General Terms and Conditions of Business relating to Goods and Services of SINTERFACE Technologies e.K.

1. Definition of Terms

The following terms and conditions apply to all orders received by SINTERFACE and all deliveries of goods, services and other performances. This holds as well in case of contradictory purchase conditions of the purchaser. Exceptions are only valid when confirmed by SINTERFACE in writing.

Purchase orders are only binding if confirmed by SINTERFACE in writing.

2. Payment

All prices shall be EXW (Incoterms 2000) excluding statutory domestic value added tax comparable foreign tax and packaging costs. Customers within the EU shall be obligated to provide their VAT identification number. Deliveries are due and payable, net, within 30 days of invoice date or in advance. Deductions are not allowed. Foreign deliveries must be paid in advance or by irrevocable and confirmed letter of credit. All bank and transfer fees must be paid by the customer.
After expiry of the 30-day period, SINTERFACE is entitled to claim the statutory interest rates of 8 % above the base rate of the European Central Bank, unless SINTERFACE proves a higher loss.
Payments are due irrespective of an eventual notice of defect, except such defects are evidently justified.

3. Delivery

Delivery dates are not binding unless expressly stated in the contract as binding dates. Delay in delivery requires a written reminder and an adequate additional grace period set by the customer. SINTERFACE is only liable for claims for damages under the requirements of no. 6.

4. Claims

Condition for any warranty claim is the immediate inspection of the goods upon delivery, and complaint towards and damage assessment together with the carrier, and an immediate written complaint to SINTERFACE. The complaint must be made within five workdays in case of visible defects or losses.

5. Risk Liability

Delivery is made at the customer's own risk. As soon as the goods leave SINTERFACE's plant the risk of accidental loss, destruction or deterioration passes to the customer.

6. Warranty and Damages

6.1.Warranty claims
The warranty for instruments is limited to one year, excluding glass breakage, damages due to stoppage and consumable materials such as capillaries, tubing, cuvettes, gaskets and valves. SINTERFACE's liability shall be restricted to the replacement of defective material or repair only, unless special characteristics or specifications of the contract goods have been explicitely guaranteed and assured. Such guarantee or assurance, however, is binding only, if made in writing. Transportation costs are borne by the customer. In case of failure of replacement or repair the customer may demand a reduction in price or cancellation of the contract with respect to the defective material. The customer has to inspect the goods delivered immediately and shall immediately give written notification of any defects to SINTERFACE, in case of non-obvious defects within 10 working days after delivery at the very latest.
6.2. Claims for damages
Unless specific properties or characteristics of the contract goods have been explicitely guaranteed or assured in writing, the liability of SINTERFACE shall be restricted to intentional acts and acts of gross negligence and compensation shall only be due for direct, foreseeable damages, unless the written guarantee or assurance of properties or characteristics was intended to avoid consequential harm suffered by the purchaser. Liability for breach of a material, essential duty of the contract, liability because of personal injury, liability according to the stipulations of the German Law on Product Liability and liability for the lack of the condition of the contract goods guaranteed by SINTERFACE remain unaffected.

7. Property Rights

The ownership of the goods shall remain with SINTERFACE until payment in full for all our claims resulting from our business relation is received. In case of improper treatment of the goods or in case of default SINTERFACE may demand the return of the delivered goods. This demand entails resignation of the contract only if SINTERFACE declares it explicitly. Resellers are allowed to sell the goods to third parties in due course of the business. The customer herewith assigns his resale claims against third parties to SINTERFACE.

8. Third Party rights on industrial or other intellectual property

SINTERFACE shall not be liable for the infringement of third party rights founded on industrial or other intellectual property caused by the use of the delivered goods. The customer is fully responsible for the products manufactured with the goods. In particular SINTERFACE is not obliged to indemnify and hold harmless the customer from all claims raised by third parties based on the infringement of their industrial or intellectual property rights by the use of the goods.

9. Export

Instruments and products delivered by SINTERFACE may not be exported to a country other than of the customer's headquarters without SINTERFACE's prior written permission.

10. Place of Settlement and Court of Jurisdiction

The place of performance is Berlin. Proper venue for all claims is the competent local court at SINTERFACE's principal place of business – Berlin, Germany. SINTERFACE reserves the right to sue the customer at his principal place of business. This agreement shall be governed by the laws of the Federal Republic of Germany excluding the UN-Convention on the International Sale of Goods (CISG).


SINTERFACE Technologies e.K.
Volmerstr. 5
D-12489 Berlin



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