§ 1   Applicability

(1) These terms and conditions of sale shall apply exclusively. Differing or contrary terms shall not apply except expressly accepted by us in writing.

(2) These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our knowledge of differing or contrary terms.

(3) These terms and conditions of sale shall only apply with relation to merchants, legal persons under public law or special entities under public law.

§ 2 Offer, Acceptance

Our offers are non-binding. All orders will become binding upon our written confirmation or upon delivery of the goods. The buyer is obliged to immediately verify our order confirmation with regard to correctness and completeness, in particular with regard to prices stated, measurements and quantities.

§ 2 Offer, Acceptance

Our offers are non-binding. All orders will become binding upon our written confirmation or upon delivery of the goods. The buyer is obliged to immediately verify our order confirmation with regard to correctness and completeness, in particular with regard to prices stated, measurements and quantities.

§ 2.1 Offer for third Parties (Gelest Inc.)

As 100% affiliate of Gelest Inc. (USA) Livchem Logistics offers Gelest products for sale on their webshop. Even if Livchem Logistics operate the store and offer Gelest products on this site to allow customers buying Gelest products directly from the manufacturer Livchem Logistics is not the seller of the products but Gelest Inc. There is a noticeable hint on each product detail site. The negotiable contract effective when placing the order for Gelest products is dedicated to Gelest Inc. and the contract is made between the Buyer and Gelest Inc. Livchem Logistics is not the contract partner and doesn’t take over any responsibility for this contract. Gelest Inc. is responsible for sales, any kind of complaint and all other issues that belong to this contract.  

§ 3 Prices, Payment

(1) Prices are ex works, exclusive of the respective statutory VAT and exclusive of costs for special packaging. Delivery shall be effected under the EXW-clause of the INCOTERMS 2010, unless otherwise expressly agreed upon.

(2) Unless specifically agreed otherwise, the buyer is responsible for compliance with all regulations regarding import, customs duties, transport and storage.  To the extent that the buyer asks for support in this regard, we will charge the usual fees additionally.

(3) If delay occurs in payment, we are entitled to charge interest at a rate of 8 percentage points above the base rate of the European Central Bank for the respective year. The right to pursue further damages is reserved.

(4) Buyer’s checks will only be accepted on account of performance. Performance will only be considered completed as and when the counter value of a check has been irrevocably credited to our account.

(5) For small orders with a net price less than 250,- EUR we charge a handling fee of 25,- EUR plus VAT.

(6) If increases or decreases of cost occur after conclusion of a contract, in particular with regard to wage settlements or changes of prices of materials, we reserve the right to adjust our prices accordingly.

(7) As and when the buyer does not take delivery of goods after lapse of a respite granted by us, we are entitled to claim damages of 25 % of the purchase price in lieu of completion of the purchase contract; this applies likewise if client declares non-acceptance of goods. The buyer is entitled to submit proof that a damage has not occurred at the level claimed.  Notwithstanding the aforesaid, we reserve the right to claim additional damages, supported by respective proof.

§ 4 Offset, Retention

The buyer shall be entitled to offset only insofar as the buyer’s counterclaim is acknowledged, undisputed or assessed in a legally binding judgment. The purchaser is entitled to claim retention rights only to the extent that such rights are based on the same contractual relationship.

§ 5 Delivery

(1) Delivery is conditional to the timely and proper performance of all duties of the buyer.  Defense of nonperformance of contract is reserved.

(2) In case of default in acceptance or other culpable breaches of duty to cooperate by the buyer we are entitled to claim any resulting damage including but not limited to additional expenses, if any. Our rights for further claims are reserved. In this case, the risk of accidental loss or damage to the goods passes to the buyer at the time of such default or breach of duty to cooperate.

(3) Unless expressly confirmed by us as binding delivery date, all delivery dates stated by us are non-binding.

(4) Our obligation to perform is subject to timely receipt of supplies from our suppliers. This reservation, however, is only valid to the extent that we are not culpable for such lack of supply, having duly complied with all provisions for the completion of the respective contract. We will inform the buyer about such constraints without delay.

(5) To the extent that the buyer can reasonably be expected to accept partial deliveries, we are entitled to such partial deliveries. If a shipment is delayed at the request of the buyer or due to reasons attributable to the buyer, goods will be stored at the buyer’s expense and risk. To the extent the buyer exceeds the collection period by one month, we are entitled to otherwise dispose of the goods, having previously set a reasonable deadline; our delivery-times are extended accordingly. After lapse of two months after delivery time, we are entitled to demand acceptance of goods.

§ Transfer of Risk, Shipment

If the buyer demands shipment of the goods, the risk of accidental loss or damage to the goods passes to the buyer upon dispatch.

§ 7 Retention of Title

(1) We retain the title of the goods supplied by us until the buyer has satisfied all our claims arising under the contractual relationship.

(2) Our retention of title shall also cover an y new products made by processing the retained goods. Processing shall be done for us as supplier.

(3) In case of processing, connecting or mingling of retained goods with items not belonging to us, we shall acquire co-ownership in the new products at the ratio of the invoiced value of the retained goods in proportion to the invoiced value of the other materials.

(4) For the purpose of securing the respective claims buyer assigns to us all of his claims arising from the sale of goods that are subject to our retention of title. If goods co-owned by are sold, the assignment of said claims is limited to the portion of the co-owned goods that belongs to us. If such goods are processed under a contract for work and services, buyer assigns to us now such amount of the goods that are subject to our reservation of title and are processed together with the other goods. To the extent that buyer is willing and able to duly comply with his contractual obligations to us, buyer may in its normal course of business dispose the goods co-owned by us and collect the sums assigned to us on its own.

(5) Transfer of ownership by way of security and pledging and assignment of claims including the sale of claims may be carried out by buyer with our written consent only. Should the total value of the securities exceed by more than 10 %, the respective amount of the claims to be secured, then at buyer’s request we shall to his extent release securities of buyer’s choice.

§ 8 Warranty

(1) The properties of specimens and samples are binding only insofar as they have been explicitly agreed upon to define the quality of the goods.

(2) Precondition for any warranty claim by the buyer is the buyer’s full compliance with all requirements regarding inspection and objection as established by law. The buyer is obliged to inspect goods immediately after delivery and to report to us any deficiency.

(3) Claims of defects are time-barred after twelve months. This shall not apply to claims according to §§ 438 I Nr. 2, 634a I Nr. 2, 478, 479 BGB (German Civil Code).

(4) In case of non-conformity of goods the buyer is entitled to rectifying performance in the form of remedy of the defect or delivery of conforming goods. If such alternative performance has failed, the buyer is entitled to reduce the purchase price or to withdraw from the contract. For claims for compensation and reimbursement of expenses, the following liability stipulations apply.

§ 9 Liability

(1) In case of intent or gross negligence on our part or by our agents or assistants in performance we are liable in accordance with the provisions of applicable law; the same applies in case of culpable breach of fundamental contract obligations. To the extent the breach of contract is unintentional, our liability for damages shall be limited to the predictable, typically occurring damage.

(2) To the extent that we are in default with regard to delivery or performance and such default has been caused by simple negligence, our liability is limited to 1% of the net sales price per completed week of default, with a maximum of 10% of the net sales price.

(3) Our liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.

(4) Any liability not expressly provided for above shall be disclaimed.

§ 10 Force Majeure

In case of force majeure and any other disruptive events unforeseeable at the date of conclusion of contract (e.g. operational breakdown, non-delivery of our suppliers, shortage of energy or raw materials, traffic disaster, strikes and official orders) which are beyond our control, shall release us from our obligation to perform for the duration of such disruption and to the extent of the effects thereof. If this leads to delivery delays for more than one month, then we shall be entitled to rescind the contract in respect of the quantities affected by such disruption.

§ 11 Applicable Law, Jurisdiction

(1) This contract shall be governed by the laws of the Federal Republic of Germany, under exclusion of the Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction shall be Frankfurt am Main or, if we should choose, the general place of venue of the buyer, provided that the buyer is a merchant within the meaning of the German Commercial Code, legal person under public law or special entities under public law.

(3) The place of payment shall be Frankfurt am Main, regardless of the place of delivery of goods or documents.

Freight Rates within Europe

Below you can find the freight rates for standard shipments to your specific EU country. Many or our products are Dangerous Goods and need special transportation which may influence the final freight costs.
If you place orders via our web shop and we will confirm the order with the actual freight rate for your convenience, upon which you can decide how to proceed.

List of Livchem Logistics freight rates to EU destinations

List of Gelest Inc freight rates to EU destinations.