Terms and Conditions for Buyers of Used Equipment of NIBR Basel
1. These Terms and Conditions of Sale for Used Equipment (?Terms?) apply to any used equipment (?Equipment?) sold by EquipNet Inc. on behalf of Novartis Institutes for Biomedical Research (NIBR) in Basel, an organization under the legal entity of Novartis Pharma AG, Lichtstrasse 35, CH-4056 Basel, Switzerland (?Novartis?).
2. The Terms are part of the purchase contract (?Purchase?) between the buyer of the equipment (?Buyer?) and Novartis in addition to the current EquipNet, Inc. Buyer's Terms of Service (http://www.equipnet.com/buyer_terms/). In case of conflict, the Terms prevail over the EquipNet, Inc. Buyer's Terms of Service. Any terms and conditions of the Buyer and the United Nations Convention on the Sale of Goods (CISG) shall not apply. The Terms supersede any previous agreement, warranty, statement, representation, understanding or undertaking (in each case whether written or oral) given or made by or on behalf of the parties relating to the Equipment.
3. The Equipment is purchased as seen in its state and condition as at the time of removal by the Buyer or its agent. Novartis assumes no liability and makes no warranties, express or implied, including but not limited to warranties of merchantability, non-infringement of intellectual property rights, or fitness for a particular purpose and all liabilities and warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded.
4. The Purchase is completed with acceptance of the offer provided by Equipnet under the EquipNet, Inc. Buyer's Terms of Service. With completion of the Purchase, risk and benefit pass from Novartis to the Buyer.
5. The Buyer shall remove the Equipment at the premises of Novartis in Basel as to be specified and on the date agreed with Novartis which shall be no later than 30 (thirty) days from the Purchase. The Buyer is responsible for loading and removal of the Equipment shall provide for appropriate gear. The Buyer shall be liable for any damage or injury to Novartis property caused by the Buyer or its agents in the course of loading and removal of the Equipment.
6. If the Buyer fails to remove the Equipment on the date agreed or within 30 (thirty) days from the Purchase, upon written notice to the Buyer, Novartis shall have the option to a) remove and store the Equipment with a third party provider, b) resell the Equipment or c) otherwise dispose of part or all of the Equipment. For each of the options Novartis is entitled to compensation of reasonable expenses.
7. The Buyer shall be responsible for complying with any legislation or regulations governing export from Switzerland and import of the Equipment into the country of destination including payment of any duties.
8. The Buyer shall not export, transfer, sell, lease or otherwise dispose of the Equipment (in whole or in part) to a party located in any country which is the subject of trade restrictions, embargoes, sanctions under the laws of Switzerland, EU or US.
9. This Purchase is construed in accordance with, and governed by, the substantive laws of Switzerland, without regard to the conflicts of law provisions thereof. Any disputes under or in connection with this Agreement that cannot be settled amicably shall exclusively be submitted to the competent courts of Basel-City, without restricting any rights of appeal.