1. Scope and Applicability
These Terms and Conditions ("Terms") apply to all sales of research-use-only (RUO) antibody products ("Products") by Bavarian Biotech GmbH, doing business as Epitope Labs, Seeshaupterstr. 19, 81476 Munich, Germany ("Seller") to commercial customers ("Buyer"). All sales are to business customers only. Consumers (within the meaning of §13 BGB) are excluded from purchasing. The Buyer acknowledges that the Products are experimental in nature and are not validated for any specific application or regulatory use.
2. Research Use Only (RUO) and Experimental Nature
All Products are sold strictly for research use only. They are not intended for use in diagnostic procedures, in or on humans or animals, or for therapeutic applications. Products must not be used in any clinical application, including in preclinical or regulatory studies, or directly administered to patients.
3. Intellectual Property and Use Restrictions
The purchase of a Product does not grant the Buyer any rights or licenses to use, reproduce, modify, resell, or distribute the Product or any derivatives thereof for commercial purposes. The Buyer may not reverse engineer, sequence, analyze, or otherwise attempt to reconstruct the antibody or its encoding sequence, including through mass spectrometry, RNA recovery, or nucleic acid sequencing methods.
The Buyer may use the Products to generate research data, including for publication, but may not redistribute the Product or derivatives to third parties.
The Seller disclaims any and all liability for infringement of third-party intellectual property rights arising from the Buyer’s use, manufacture, sale, or importation of the Products. The Seller makes no representation or warranty, express or implied, that the Products are free from third-party patent claims. It is the sole responsibility of the Buyer to ensure that all necessary third-party intellectual property rights, licenses, or approvals required for the use of the Products are obtained.
The Buyer agrees to indemnify and hold harmless the Seller and its affiliates, officers, employees, and agents from any third-party claims, damages, liabilities, or expenses (including legal fees) arising from any use, reproduction, sale, or distribution of the Products, or from any infringement or alleged infringement of intellectual property rights resulting from the Buyer’s use.
4. Trademarks and Attribution
Buyers are encouraged to cite "Epitope Labs" as the source of the antibody in publications. However, any use of Epitope Labs' brand, logo, or product names for promotional or commercial purposes requires prior written consent.
5. Prices and Payment
Prices are stated in Euros and exclude shipping, VAT, duties, or other applicable taxes. Payment is due within 30 days from the invoice date. Seller reserves the right to require prepayment for first-time or high-risk customers. Late payments are subject to statutory interest.
6. Delivery and Transfer of Risk
Unless otherwise agreed in writing, all shipments are made Ex Works (EXW) Munich, Germany. Risk of loss or damage passes to the Buyer upon dispatch. Buyer is responsible for all import duties, customs clearance, and local delivery costs.
7. Product Quality, Handling and Storage
Products are provided with specifications on storage, concentration, and recommended usage. Buyer is responsible for ensuring appropriate storage upon receipt. Seller shall not be liable for degradation or performance issues due to improper handling or storage.
Buyer understands and agrees that the Products are experimental in nature and are provided without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, suitability for any safety purpose, utility, effectiveness, purity, safety, non-toxicity, accuracy, or non-infringement. Seller does not guarantee specificity, sensitivity, or applicability of antibodies to any intended application, including but not limited to Western blot, flow cytometry, ELISA, or immunohistochemistry (IHC).
8. Returns and Claims
Due to the nature of biological products, returns are not accepted. Claims for defective or damaged products must be made in writing within 7 days of receipt. Upon verification, Seller may, at its discretion, issue a replacement or refund.
9. Warranty and Liability
Seller warrants that the Products conform to the stated specifications at the time of shipment. No other warranties are expressed or implied. Seller shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Products.
10. Export Compliance
Buyer is responsible for compliance with all applicable export control regulations and for obtaining any necessary licenses or approvals.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed under the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Munich, Germany.
12. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Changes
Seller reserves the right to amend these Terms at any time. The applicable version is the one in effect at the time of order confirmation.
Version 1.2 — June 2025
