Terms & Conditions
These Terms apply to all BUCHI products, including hardware instruments, embedded software, consumables, accessories, services, and BUCHI’s cloud-based software platforms and subscription offerings. In these Terms, “BUCHI” means BÜCHI Labortechnik AG or the BUCHI affiliate or subsidiary that is the contracting party for the relevant transaction, and “Customer” means the party purchasing or using BUCHI products or services.
1. Prices:
Unless otherwise stated in this order confirmation, BUCHI prices are to be understood net, FCA Flawil, Incoterms 2020, in Euro (€ / EUR), excluding packing, without VAT. The minimum order value is EUR 50.- (€50.00).
2. Delivery:
The delivery terms indicated by BUCHI are not binding and subject to the case of force majeure. The Customer is not entitled to withdraw from the contract or to claim for indemnity, in case given terms have not been kept, except where BUCHI is liable for willful misconduct or gross negligence.
3. Dispatch:
The delivery of the goods is always on Customer’s account and risk.
4. Packing Material:
The packing material is charged at BUCHI cost price and will not be taken back by BUCHI.
5. Payment:
Unless otherwise agreed upon in writing, BUCHI invoices are due within 30 days after the date of invoice. On delayed payments, interest at the rate of 5% per annum shall be charged.
6. Property Reservation:
All delivered goods remain BUCHI property until BUCHI has received full payment.
7. Warranty:
Device Warranty
For a period of 1 year from the date of delivery, BUCHI warrants that the devices manufactured and delivered by BUCHI are free from material and processing defects, which might impact the functional capability of the device for the agreed upon or assumed use.
1. Within this warranty period, BUCHI shall remedy all defects recognized by BUCHI as being verifiably due to material or manufacturing defects. The warranty service shall be carried out at BUCHI’s option either by way of repair, replacement of defective parts or exchange of the device. The performance of warranty services effectuates neither an extension nor a restart of the warranty period. Where a device or part is exchanged under warranty, the replacement retains the original warranty start and end dates of the item it replaces, and no new or extended warranty period commences. Any replaced parts shall become the property of BUCHI. Transport costs, transportation risks and damage in transit shall not be borne by BUCHI.
2. This warranty service does not apply to damage or defects that have occurred as a result of improper initial operation, connection, use or handling, any attempts to repair the device made by unauthorized persons, or due to non-observance of the instruction manual. Furthermore, in particular if BUCHI’s operating or maintenance instructions are not observed, or if spares or service parts are used which do not comply with the original specifications, any warranty shall be inapplicable. In addition, any natural wear and tear (DIN 31051 / DIN EN 13306 standard) in all rotating or dynamically stressed components, including mechanically stressed electronic components, are excluded from the warranty, as is any damage that has arisen due to foreign particles (e.g. metals). Furthermore, the warranty service does not apply if any repair work has not been carried out by BUCHI or by a service partner authorized by BUCHI, or if no original parts have been used.
3. Warranty services are generally rendered in the country in which the device was sold. An obligation to honor the warranty is only in effect if the device meets the respective effective technical specifications of the country in which the warranty claim is issued and if it is operated in accordance with these specifications.
Breakage of glass
The glasses used for the devices are extremely high-quality products; generally, a breakage of such glass can only be caused by outside influences. Therefore, as a matter of principle, there is only a basis for a claim if it is proven that there has definitely been no outside influence or improper handling by the Customer, but that it is a case of a material or manufacturing defect.
Warranty for accessories, wear parts, spares, service parts; availability; software
Wear parts
The wear parts specified in the operating instructions are excluded from the warranty.
Spares, service parts
The term “spares” in the aforementioned context only refers to original parts, which are specified as such in the operating instructions and spares list for the device.
The term “service parts” in the aforementioned context only refers to original parts, which are specified as such in the operating instructions and service parts list for the device.
Warranty for spares, service parts and accessories
The warranty covers the replacement material; however, it does not cover the assembly and disassembly costs or any other costs that are not replacement material costs. For replaced or repaired parts, the warranty period will start again; it will last 1 year with effect from the date of replacement or completion of the repair.
Availability of spares, service parts and accessories
For all BUCHI Standard Instruments, the availability of all mechanical and glass parts is guaranteed for 7 years after the last delivery. For all BUCHI Standard Instruments, the availability of electronic components is guaranteed for 5 years after the last delivery. Availability is subject to discontinuation by BUCHI’s suppliers.
The delivery dates for the aforementioned spares and service parts are included in the spares and service parts list enclosed with the device; alternatively, they will be published by the local service organizations on request.
Software
This sub-section applies to software delivered with or embedded in BUCHI devices. For cloud-based Platforms and Subscriptions, Sections 9 and 10 apply.
For software versions, BUCHI guarantees availability for 2 years with effect from their installation.
BUCHI offers a fee-based software support service, which is valid for 3 years with effect from the date of sale.
Software installations, which are carried out by BUCHI either on site or remotely, shall be billed at cost.
Exclusion of any further claims
Any further claims, in particular for damages or for consequential harm caused by a defect, etc., are excluded to the extent permitted by law. This exclusion is subject to Section 16 (Limitation of Liability), which shall prevail in the event of any conflict.
8. Cancellation:
In case of cancellation of an order, the accrued costs will be debited to the Customer. Returns of unused products in their original, unopened condition (“Open Box”) require BUCHI’s prior written authorization and are subject to a restocking fee of fifteen percent (15%) of the price paid. Products that have been used, activated, or installed may not be returned, as BUCHI cannot resell them as new.
9. Software, Platforms and Subscriptions:
Certain BUCHI offerings are provided as software, cloud-based platforms, or subscriptions (each, a “Platform,” including the BUCHI NeoSpectra Platform and other BUCHI subscription software). Access to and use of a Platform is governed by the applicable BUCHI End-User License Agreement (EULA), which applies in addition to these Terms. In the event of any conflict between these Terms and the EULA regarding license scope, intellectual property, or Platform-specific usage terms (including warranty), the EULA shall prevail. Unless otherwise agreed, Platform subscriptions renew automatically for successive terms equal to the initial term, unless either party gives written notice of non-renewal at least 30 days before the end of the then-current term. All subscription and other recurring fees are non-refundable. Where BUCHI offers a free trial period, the trial period is provided at no charge; if the Customer does not cancel before the trial period ends, the subscription automatically converts to a paid subscription and the trial period is credited toward the overall subscription term.
Platform Changes and Updates. Access to a Platform is limited to the version in BUCHI’s production environment. BUCHI may, at its own discretion, change or update any Platform including but not limited to reflect changes in technology, industry practices and/or patterns of system use. The functions of a Platform are subject to change at BUCHI’s discretion, provided, however, that changes to the functions of a Platform will not result in a material reduction of functions and functionalities or in the level of performance, security or availability of that Platform.
Platform Availability. BUCHI will use commercially reasonable efforts to make each Platform generally available for Customer’s use. Platform availability does not include interruption of a Platform as a result of (a) planned downtime for maintenance (of which BUCHI shall give at least 8 hours’ notice and which BUCHI shall schedule to the extent practicable between 7:00 p.m. and 6:00 a.m. CET on working days (Monday to Friday, excluding public holidays at BUCHI’s headquarters in Flawil, Switzerland) and the weekend hours between 7:00 p.m. Friday and 6:00 a.m. Monday CET); (b) Customer’s or its users’ inability to access, or BUCHI’s inability to provide, the Platform through the internet due to causes outside of BUCHI’s control; (c) use of equipment by Customer not compliant with instructions provided by BUCHI, or negligent acts or omissions or willful misconduct by Customer or its users; or (d) force majeure events or other events that are not under BUCHI’s control.
Account and Access Management. BUCHI creates one master account for each Customer and provides the Customer with the password and user name of the master account to access the Platform and to allow the Customer to create further accounts and access credentials for its authorized users. User names and other login credentials are for Customer’s and its users’ internal use only. Customer will not, and shall procure that its users will not, sell, transfer or sublicense the login credentials including user names to third parties. Customer shall be solely responsible for ensuring the security and confidentiality of such user names and passwords, and shall notify BUCHI immediately of any unauthorized use or other known breach of security. Customer is responsible for all activities that occur under its or its users’ user names and/or passwords.
Customer Data Backup and Return. BUCHI performs regular backups of Customer data stored on its Platforms in order to provide restore points in case of catastrophic failure. At the end of the subscription and upon written request by the Customer, BUCHI shall provide a copy of the Customer’s data saved on the Platform as of the date of the end of the subscription on a customary data carrier or by electronic transfer and in a customary format. After 60 days from the end of the subscription or upon request by the Customer, BUCHI shall delete the data of the Customer saved on the Platform finally and in full. This action shall be subject to mandatory legal retention obligations. BUCHI is not obligated to surrender the data to the Customer in deviation to the foregoing, in particular relating to time, format or migration. Any deviation shall be subject to the prior written consent of BUCHI as well as separate remuneration by the Customer.
10. Platform and Subscription Warranty:
BUCHI warrants that each Platform will perform substantially in accordance with its applicable documentation and consistent with generally accepted industry standards during the subscription term. The warranty under this Section applies exclusively to Platforms and subscriptions; the Device Warranty under Section 7 does not apply to Platforms. This warranty does not apply to (a) defects caused by Customer’s misuse, unauthorized modifications, or use of the Platform in a manner not contemplated by the documentation; (b) third-party integrations, data, or equipment not provided by BUCHI; (c) force majeure events; or (d) free trial periods, beta versions, or features expressly designated as provided “as is.”
If the Platform does not conform to the foregoing warranty, Customer shall notify BUCHI in writing promptly after discovering the non-conformity, providing a description of the problem and, where possible, steps to replicate it. BUCHI shall, at its option, use commercially reasonable efforts to correct the non-conformity through a patch, update, or workaround within a reasonable time. If BUCHI is unable to remedy a material non-conformity within 60 days after receipt of Customer’s written notice, Customer may terminate the affected subscription upon written notice and receive a pro-rata refund of pre-paid fees for the remaining unused subscription period. This constitutes Customer’s sole and exclusive remedy and BUCHI’s entire liability for breach of this warranty, subject to Section 16 (Limitation of Liability).
BUCHI will use commercially reasonable efforts to maintain Platform availability in accordance with Section 9 (Platform Availability). BUCHI does not warrant uninterrupted or error-free operation of any Platform.
Except as expressly stated in this Section and in Section 7, BUCHI disclaims all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under mandatory law.
11. License Reactivation and Second-Hand Devices:
If a license or subscription lapses, is terminated, or is not renewed, and is later reactivated, BUCHI may charge reactivation fees corresponding to the lapsed period (capped at 24 months) where data from the lapsed period is to be integrated into the Platform. Any party acquiring a device on the second-hand market, or to whom a device is transferred, must pay the full applicable license fee to activate or reactivate the associated license. Licenses and remaining subscription periods do not transfer automatically with a device.
12. Calibration Data and Development Rights:
BUCHI may use calibration data, spectra, and measurement data stored on, transmitted through, or generated by any product or Platform to develop, train, validate, improve, and commercialize analytical calibrations, models, and algorithms, provided that any commercialized calibrations or models are based on anonymized and aggregated data only. BUCHI owns all calibrations, models, and algorithms it develops, including all improvements and derivative works. BUCHI will not disclose non-anonymized Customer data to third parties except as permitted under these Terms, the EULA, or an applicable Data Processing Agreement.
13. Device-Linked Licenses:
Where a license is provided on a one-time or one-payment basis, it is tied to the specific device (identified by its sensor serial number) and remains active for the operational life of that device, up to a maximum of 7 years. Such licenses are not perpetual or “lifetime” licenses and do not transfer to another device.
14. No Benchmarking or Competitive Use:
Customer shall not publish, disclose, or share with any third party any performance data, benchmark results, or accuracy metrics relating to any Platform, nor reverse-engineer BUCHI’s calibrations or analytical models, without BUCHI’s prior written consent, to the extent permitted by applicable law.
15. Confidentiality:
Each party shall keep the other party’s non-public information confidential and use it only as necessary to perform under these Terms, applying at least reasonable care. This obligation shall survive termination of the contractual relationship for a period of 5 years; however, with respect to information qualifying as a trade secret under applicable law, the confidentiality obligation shall continue for as long as such information retains its trade secret status. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known, was independently developed, or is lawfully received from a third party without restriction.
16. Limitation of Liability:
To the maximum extent permitted by law, BUCHI’s total liability arising out of or relating to these Terms shall not exceed the greater of (a) the fees paid by Customer in the 12 months preceding the event giving rise to the claim, or (b) the amount recoverable under BUCHI’s applicable liability insurance for the claim. This limit does not apply to liability for willful misconduct, for death or personal injury, or otherwise where liability cannot be limited under mandatory law; for gross negligence, the cap is three (3) times that amount, to the extent permitted by law. Except for such matters, neither party is liable for indirect, incidental, or consequential damages.
17. Indemnification:
Customer shall defend and indemnify BUCHI against third-party claims arising from Customer’s breach of these Terms, misuse of any product, violation of applicable law, or infringement of third-party rights through Customer data or Customer’s use of the products.
18. Export Control and Sanctions:
Customer shall comply with all applicable export control and sanctions laws, including those of Switzerland, the European Union, the United Kingdom, and the United States, and shall not use, export, or transfer any product or related data in violation of such laws.
19. Data Protection:
BUCHI processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP). Where required, the parties shall enter into a separate Data Processing Agreement.
20. Final Provisions:
Severability. If at any time any provision of these Terms or any part thereof is or becomes invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected or impaired thereby. The parties agree to replace the invalid or unenforceable provision or part thereof with a valid and enforceable provision that best reflects the parties’ original intention and achieves, to the extent possible, the same economic result.
No Waiver. Failure or delay of any party to exercise any right or remedy under these Terms or to require strict performance by the other party of any provision of these Terms shall not be construed as a waiver of any such right or remedy or any other right or remedy hereunder. All rights of each party under these Terms are cumulative and may be exercised separately or concurrently.
Assignability. Customer may not assign or transfer any rights or obligations hereunder without the prior written consent of BUCHI. BUCHI may assign any rights or obligations hereunder to a BUCHI affiliate at any time. BUCHI will notify the Customer of such an assignment within due course.
No Joint Venture. The contractual relationship governed by these Terms shall not be construed as creating any joint venture, partnership, agency, or fiduciary relationship between the parties, and neither party shall have the power to bind or obligate the other. Each party is responsible for the direction, supervision, and compensation of its own personnel and auxiliary persons.
21. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland. The place of fulfillment and exclusive place of jurisdiction is Flawil, Switzerland. Where a contract with a BUCHI affiliate or subsidiary specifies a different governing law or place of jurisdiction for a local transaction, that law and jurisdiction apply to that transaction. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
22. Validity: These Terms and Conditions come into effect on October 1, 2026 and shall be deemed to be accepted by the Customer upon placement of an order. BUCHI may modify these Terms from time to time; material modifications shall be notified to the Customer at least 30 days before they take effect, and the Customer may terminate any affected subscription within that notice period if the modification materially and adversely affects its rights under these Terms. Furthermore, subject to mandatory law and to different individual agreements, provided that any such agreements must be made in writing in order to become effective.