Terms of sale

Scope of application

These general terms and conditions apply to every order received by Scharlab S.L., with registered address at C/Gato Perez, 33, Pol. Ind. Mas d’En Cisa – 08181 – Sentmenat, Barcelona. These general conditions apply to all sales made by any company in the Scharlab Group to any country in the world, except for sales in Spain. 

Orders

Orders must be sent by email directly to your country’s Customer Service and with your Area Manager in copy, or ordered directly from the private area on our website: www.scharlab.com. Do not send faxes or orders by regular post.

Every Area Manager has a country assigned. If you have not been assigned an Area Manager yet, please send your request to: export@scharlab.com. 

Orders must include the following information:

• Complete reference numbers (10 digits). Otherwise, please provide us with the full description (with the required quality) and packaging capacity. 
• Quantity required 
• Price of each product 
• Your order number
• Delivery and invoice address
• Receipt in Excel format (if order is sent by email).
• Forwarding agent (if an ex-works shipment will be arranged)

Minimum order amounts for new customers are as follows:

• By truck: the minimum order is €3,000
• By air: the minimum order is €3,000
• By sea: the minimum order is €5,000

Regarding courier shipments, we charge an extra handling fee of €30 (besides the courier fee). 

Offers and Proforma Invoices provided by your Area Managers are valid for 6 months, and expire at the end of the year in any case.

Supply

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 a similar value. If you are not interested in substituting products, we will refund you the amount paid.

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. For example, difficulties with transportation, irregularities in the production procedure or delays in raw material supplies. 

If it is not possible to supply an order in full to our customers due to the above circumstances, we are considered free of the obligation to supply the goods in question. In any case, your Area 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 Area Manager. All orders are subject to the terms and conditions stated on our invoices.

However, the payment terms normally accepted by Scharlab are:

• Letter of credit conditions: 

• • L/C < €10,000 is not accepted. 
  • L/C > €10,000 < €20,000: Scharlab will charge a processing fee and bank costs for a total amount of €500.
  • L/C > €20.00: no fees are charged.

• Bank transfer at X days.
• Payment in advance: this is required for first orders.

When making the bank transfer, you must indicate our proforma invoice or commercial invoice number. We only accept transfers in euros, as all of our invoices are 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:

Caixabank

Account number: ES65 2100 8607 4302 0000 2900

Swift Code: CAIXESBBXXX

In the event of non-payment or delayed payment, the interest rate due will be the current European Central Bank Interest Rate in force at the time of expiry of the obligations.

The transfer of ownership of the goods will take place solely and exclusively when the amount is paid in full.

Shipping conditions 

Our products will be delivered in perfect condition and Scharlab guarantees that the products delivered under our brand will not be reserved in the warehouse with less than half of their shelf life. In some cases, the expiry date may be a bit shorter than half of their shelf life due to the nature of the product.

Offers prepared by Area Managers are in ex-works conditions.

Scharlab ships the products from the Sentmenat warehouse (Barcelona).

If you are interested in arranging an ex-works** shipment, you should designate the forwarding agent. Scharlab will suggest working with recommended agents who are experienced in handling hazardous goods. This will avoid delays due to the huge difficulties involved in shipping chemicals. 

In this case, shipping with our recommended forwarder under CFR conditions (Cost and Freight) for sea shipments or CPT conditions (Carriage Paid To) for air shipments, means that Scharlab prepays the freight and it will be invoiced to you along with the cost of the goods. If the vessel sinks or the cargo is lost or damaged, the customer must assume full responsibility according to Incoterms 2020. 

We therefore recommend that the goods be insured in Spain; as such, the responsibility will not fall on you. Scharlab suggests changing the 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.

The insurance cost is 0.05% of the net value of the goods, plus shipping expenses, plus 10% (or a minimum charge of €12 per shipment).

The table below shows the Incoterm used depending on the type of shipment you need:

We kindly remind you that transportation is not the company’s business, but rather a service we offer.

** If you use your forwarder, please let us know the following details:

• Forwarder’s company name.
• Telephone number.
• Email address.
• Contact person.

We highly recommend only full containers be shipped by sea freight. Shipping consolidated cargo will cost 3-4 times more and is not possible for all destinations. Shipping an LCL (Less Container Load) with hazardous products could also pose a problem in terms of finding a shipping company prepared to accept the shipment. 

For air shipments, additional charges will be applied for the packaging and preparation of dangerous goods:

• €1.6 per bottle of dangerous goods in CAO air shipments,
• €6.6 per bottle of dangerous goods in PAX air shipments.

For PAX air shipments with a controlled temperature (-20 + 0ºC), an additional charge of €6.2 per bottle must be considered (€6.2 only if they are not dangerous, but €6.6 + €6.2 if they are dangerous and a controlled temperature is required).

Extra fees 

Product certificates

Scharlab has a Documentation Policy that is freely accessible. For information about special certificates related to regulatory requirements, such as elemental impurities, nitrosamines, residual solvents, allergens, etc., please bear in mind that some certificates may imply a cost.

For non-Pharmpur quality products, each additional certificate has a cost of €45, with a maximum of €175.

The Documentation Policy is subject to updates, which may be implemented without prior notice.

Certificate of origin

Often abbreviated to C/O or COO, it is a printed form completed by us, confirming that the goods in a particular export shipment have been wholly produced, manufactured or processed in a particular country.

If you need the C/O document to be stamped by the Chamber of Commerce, Scharlab will have to charge a fee of €44. 

Invoice legalisation

If you need the invoice to be legalised by the Chamber of Commerce, a fee of €44 will be charged.

On the other hand, if you ask for the invoice to be legalised by a Consulate or an Embassy, a minimum charge of €90 will be charged (although the amount will depend on the Consulate or Embassy, as each one has their own rates).

Licences

Some of our products are subject to export and import** controls (ethanol and hydrocarbons, drug precursors, are examples of these additional controls). In these cases, we have to request an export licence. Please note that for these items, it will take between 3-4 weeks to know whether the export licence has been 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 duly completed, to know whether the export licence has been approved.

For the process of requesting the export licence 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; it is our Distributor’s responsibility to be up to date on their import duties.

Returns, cancellations and modifications

Returns:

Returns of goods will not be accepted unless you have our written consent for this. You must indicate the return reference number on your delivery note. Customer Services will provide this number once we acknowledge the return. 

Returning goods is only possible in exceptional cases: products must not have expired and must be in perfect condition. They also cannot have been tampered with and must have the original packaging. In such cases, we will have to charge a handling fee of 20% of the net value of the goods. 

The delivery costs to return these products to our warehouse must be borne by you. Goods returned without prior notification will be shipped back to the sender at their own risk. Empty containers and packaging are not subject to reimbursement. 

Cancellations:

No order cancellations are accepted once the goods are dispatched. If you wish to cancel the order related to several products already included 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.

Modifications:

If you request any modification (this must be done in writing), for instance a product that has been prepared for shipping by air that must 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 logistical delays. 

Force majeure

The parties cannot be held responsible for non-compliance due to force majeure.

Precedence of provisions

The order and these General Conditions represent the only document governing the supply of goods and shall prevail over any provision 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, the clauses contained in each order shall prevail.

Applicable law and jurisdiction

These General Conditions and any related orders will be governed by the laws of the country where the Scharlab Group company that receives the order has its legal office. Any dispute arising from these General Conditions and/or any related order will be submitted to the exclusive jurisdiction of the country where the Scharlab Group company that receives the order has its legal office.

Samples 

Samples will be invoiced. Once the feedback document has been returned, the distributor may request a refund.