SCOPE OF APPLICATION
These general terms and conditions apply to every order received by Scharlab S.L. addressed at: C/ Gato Perez, 33, Pol. Ind. Mas d’En Cisa – 08181 – Sentmenat, Barcelona. In particular, these general conditions apply to any sales made from any company in the Scharlab Group to any country in the world, except for sales in Spain.
Orders must be sent by email direct to your Account Manager and with copy to your country’s Customer Service, or order directly from our website: www.scharlab.com. Do not send faxes or orders by regular post.
Every Account Manager has a country assigned. If you have not been assigned an Account Manager yet, please send your request to: firstname.lastname@example.org.
Orders must include the following information:
- Complete reference numbers (10 digits). If not, please provide us the full description (with the quality desired) and packaging capacity. For those lists without a reference number, we reserve the right to charge a fee of €100.
- Quantity required
- Market price of each product
- Your order number
- Delivery and invoice address
- Reception in Excel format
- Forwarding agent (if an Ex-Works shipment will be arranged)
There are minimum order requirements depending on the type of shipment that you are planning:
- By Truck: minimum order is €500
- By Air: minimum order is €300
- By sea: minimum order is €4,000
Regarding courier shipments, we shall charge a handling fee of €30 for extra charges when loading the goods at our facilities on the truck.
Offers and Proforma Invoices provided by your Account Managers have a validity of 6 months (maximum end of the year).
Please note that products are offered subject to availability. Scharlab is not obliged to supply the products and accepts no liability if these products are out of stock or unavailable. We reserve the right to inform you about products with similar specifications and of similar value. In case you are not interested in substituting products, we will refund you the amount paid.
Moreover, our aim is to supply the best quality and deliver goods as soon as possible, although unpredictable circumstances may delay the delivery of the goods. Difficulties with transport, irregularities in the production procedure, delays of raw material supplying, are examples of these circumstances that can extend the delivery time of goods.
If, due to the above circumstances, it is not possible to supply the whole delivery to our customers, we are considered free of the obligation to supply the goods affected. In any case, your Account Manager will always inform you and try to give you an alternative if possible.
PAYMENT TERMS and INVOICING
Payment terms will be agreed between the Distributor and the Account Manager. All orders are subject to the terms and conditions stated on our invoices. However, the payment terms accepted by Scharlab are:
- Letter of credit conditions:
- L/C < €10,000 is not accepted.
- L/C > €10,000 < €20,000: Scharlab shall charge a processing fee and bank costs for a total amount of €500.
- L/C > €20.00 no fees are charged.
- Bank Transfer: is considered the date of reception of the payment, the day when we receive the notification from our bank.
- Payment in advance: for first orders, payment in advance is required.
When making the bank transfer, you must indicate our proforma invoice number in order not to delay your shipments. We only accept transfers in euros, as our invoices are all in euros. USD is not accepted.
Any bank commissions, or any other bank costs charged by your bank, will be at your expense. Our bank account is:
Account number: ES65 2100 8607 4302 0000 2900
Swift Code: CAIXESBBXXX
In the event of non-payment or delayed payment, the interest rate due shall be the current European Central Bank Interest Rate in force at the time of the expiry of the obligations.
The transfer of ownership of the goods will take place solely and exclusively when the price is fully paid.
Our products will be delivered in perfect conditions and Scharlab guarantees that the products delivered under our brand will not be prepared in the warehouse with less than half of their shelf life. In some cases the expiry date can be a bit shorter than half of their shelf life due to the nature of the product.
Offers prepared by the Area Managers are in Ex-Works conditions, in accordance with current Incoterms 2010.
We ship our products from our Sentmenat warehouse (Barcelona).
If you are interested in arranging an Ex-Works** shipment, you can designate the forwarding agent, but we always suggest working with our recommended agents who have good experience in handling hazardous goods. It will avoid delays due to the huge difficulties shown at the time of shipping chemicals.
In this case, shipping with our forwarder under CFR conditions (Cost and Freight) for sea shipments or CPT conditions (Carriage Paid To) for air shipments, implies that we prepay the freight and it will be invoiced to you along with the cost of the goods. In case the vessel sinks, or the cargo mislaid or damaged, the customer would have to assume full responsibility as per Incoterms 2010.
Therefore, we recommend the goods be insured in Spain, thereby the responsibility does not fall on you. We propose changing shipping terms to CIF (Cost, Insurance and Freight to port of Destination) for sea shipments, or CIP (Carriage and Insurance Paid to destination) for air or road shipments.
Insurance cost is 0.05% of the net value of the goods (or a minimum charge of €12 per shipment).
The table below shows the Incoterm used depending on the type of shipment you need:
|INSURCEAN||SEA SHIPMENT||AIR or ROAD SHIPMENT||COURIER|
We kindly remind you that the transport is not the business of the company, but a service that we offer.** In case of using your forwarder, please let us know:
- Forwarder’s company name
- Telephone number
- Email address
- Contact person
We highly recommend only full containers to be shipped by sea-freight. Shipping consolidated cargo will cost 3-4 times more and is not possible to all destinations. Also, shipping an LCL (Less Container Load) with hazardous products can be a problem at the time of finding a vessel that accepts the shipment.
Products are shipped from our Sentmenat warehouse (Barcelona).
Products that do not comply with any of the Pharmacopoeia (monography), a fee per certificate will be charged. BSE/TSE free, residual solvents or OVI certificate, Allergens, Melamine, endotoxins are some examples of these certificates.
In order to clarify the different cases, we establish 3 product groups:
- Group 1: chemicals, which fulfil Pharmacopeia (from the moment that one product fulfils at least one pharmacopeia, it is included in this group).
- Group 2: of the remaining products, which do not comply with any Pharmacopeia.
Cases in which the customer will have to pay for a certificate and rates from now on:
- Group 2: In the case of the remaining products, this means those that do not comply with any Pharmacopeia or any "pharmacopeia-like" certificate requested will have to be paid.
AMOUNT: In the case of the request of 3 or less certificates, the price will be €40/certificate.
In the case of more than 3 certificates requested, the price will be €160 for all.
CERTIFICATE OF ORIGIN
Often abbreviated to C/O or COO, is a printed form completed by us, attesting that the goods in a particular export shipment have been wholly produced, manufactured or processed in a particular country. If you need the said document stamped by the Chamber of Commerce, we will have to charge a fee of €44.
If you need the invoice legalised by the Chamber of Commerce, a fee of €44 will be charged. On the other hand, if you request the invoice legalised by a Consulate or Embassy, a minimum charge of €90 will be charged (but the amount will depend on the Consulate or Embassy, as each one has their own rates).
Some of our products are subject to export and import** controls (ethanol and hydrocarbon, drug-precursors are some examples of these controls). In these cases, we are obliged to request an export license. You should be aware that for these items, it will take between 3-4 weeks to know whether the export license is approved.
In case of dual-use substances, it will take between 6-8 weeks, from the date that we receive the original end-user document dully completed, to know whether the export license has been approved.
For the process of requesting the export license for dual-use substances, a fee of €50 will be charged per item number, unless the order for this item number reaches a minimum net amount of €300.**We are not aware of import controls; this is our Distributor’s responsibility to be updated on their import duties.
RETURNS, CANCELLATIONS and MODIFICATIONS
Return of goods will not be accepted unless you have our written consent to do so. You must indicate the return reference number on your delivery note. The Customer Service will provide this number once we give the acknowledgement of said return.
Returning the goods is only possible in exceptional cases: products must be in perfect conditions, as well as the packaging condition; it cannot be manipulated and it must have the original packaging provided initially, so that we can resell to others. In such cases, we will accept the return, but we shall have to charge a handling fee. This fee will be 20% of the net value of the goods.
The delivery cost of these products to our warehouse must be borne by you. Goods returned without prior notification, will be shipped back to the sender under their account and risk. Empty containers and packaging are not subject to return.
No cancellations of orders are accepted once the goods are dispatched. If you want to cancel the order related to some products already in the packing list, a handling fee of 20% of the net value of the goods will be charged, with a minimum charge of €60.
If you request any modification (it must be done in writing), for instance a product prepared to be shipped by air which has to be changed to be shipped by sea, we will have to charge you a handling fee of 10% of the net value of the modified goods, with a minimum charge of €30. These modifications must be communicated at least one week in advance in order to avoid logistics delays.
The parties may not be held liable for non-fulfilment due to events of force majeure.
PRECEDENCE OF PROVISIONS
The order and these General Conditions represent the only document governing the supply of goods and shall prevail on any disposition contained in subsequent documents, unless otherwise agreed in writing between the parties.
In the event of conflict between the clauses in each order and those contained in these General Conditions, clauses contained in each order shall prevail.
APPLICABLE LAW AND JURISDICTION
These General Conditions and any related orders shall be governed by the laws of the country where the company Scharlab Group receiving the order has its legal office. Any dispute arising from these General Conditions and/or any related order shall be submitted to the exclusive jurisdiction of the country where the company of the Scharlab Group receiving the order has its legal office.
Samples will be invoiced. After the return of the feed-back document the distributor can ask for a refund.