General Conditions of Use - Bayer South Africa
Access to and use of this website are subject to the following conditions. Please do not use this website unless you agree with these conditions. This website has been developed by Bayer (Pty) Ltd (hereinafter to be referred to as BAYER) and is administrated by the same. We reserve the right to discontinue or to make partial or complete modifications to this website and/or to these General Conditions of Use, and/or to our Terms and Conditions of Sale. Please note that we may make such changes at our own discretion and without prior announcement. We must therefore ask you, next time you visit this website, to view the conditions again and to note any changes or amendments that may have been made.
Surrender of use and benefit
All details, documents and illustrations published on this website are the sole property of BAYER. Any permission to use the same is granted on the proviso that the relevant copyright note is displayed on all copies, that such details are only used for personal purposes, that they are not exploited commercially, that the details are not modified in any way and that all illustrations gained from the website are only used in conjunction with the accompanying text.
Trademarks and Copyright
All trademarks on this website are the property of Bayer, unless otherwise noted or in any other way perceivable as third party rights. Any unauthorized use of these trademarks or other materials is expressly prohibited and constitutes a violation of copyright, trademark law or other industrial property rights.
Bayer AG has compiled the detailed information provided on this website from internal and external sources to the best of its knowledge and belief, using professional diligence. We endeavour to expand and update this range of information on an ongoing basis. The information on this website is purely for the purpose of presenting BAYER and its products and services. However, no representation is made or warranty given, either expressly or tacitly, for the completeness or correctness of the information on this website. In particular, we must ask you to be aware that this information may no longer be up to date. We therefore recommend that you check any information you obtain from this website prior to using it in whatever form. Advice given on this website does not exempt you from conducting your own checks on our latest advice - particularly our safety datasheets and technical specifications - and on our products, with a view to their suitability for the intended processes and purposes. Should you require any advice or instructions concerning our products or services, please contact us directly. Users of this website declare that they agree to access the website and its content at their own risk. Neither BAYER nor third parties involved in the writing, production or transmission of this website can be held liable for damage or injury resulting from access or the impossibility of access or from the use or impossibility of use of this website or from the fact that you have relied on information given on this website.
Websites of third-party vendors/links
This website contains links/references to third-party websites. By providing such links, BAYER does not give its approval to their contents. Neither does BAYER accept any responsibility for the availability or the contents of such websites or any liability for damage or injury resulting from the use of such contents, of whatever form. Links to other websites are provided to website users merely for the sake of convenience. Users access such websites at their own risk.
Details supplied by yourself
The user of this website is fully responsible for the content and correctness of details he or she sends to BAYER as well as for the non-violation of any third-party rights that may be involved in such details. The user gives his or her consent for BAYER to store such details and to use the same for the purpose of statistical analysis or for any other specified business purpose, unless the information involves personal details, going beyond master data or usage data. In particular, Bayer is entitled to use the contents of such messages, including ideas, inventions, blueprints, techniques and expertise contained therein, for any purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without any limitations.
This website is checked, operated and updated by BAYER. It is exclusively intended for use in Sub-Saharan Africa, with particular reference to the Republic of South Africa. BAYER gives no guarantee that the details presented on this website are also correct in places outside this region, and, in particular, that products and services will be available with the same appearance, in the same sizes or on the same conditions. Should you call up this website from a place outside this region or download contents from such a place, please note that it is your own responsibility to ensure that you act in compliance with legislation as applicable in the Republic of South Africa.
Products mentioned on this website may come in different packaging, in different package sizes, or with different lettering or markings, depending on the country.
In the USA business is conducted by Bayer Corporation Inc. Customers in the USA are requested to address to one of these entities.
Sale of BAYER Products
Our products are sold in accordance with the current version of our Terms and Conditions of Sale.
Site with login: access rights
Please note that you are obliged to protect your access rights from unauthorized third-party use and that you must ensure that they cannot be used by others without your authorization.
You must notify BAYER immediately if you learn that security has been violated in respect of any details available on the BAYER website or if unauthorized persons have obtained your access rights or if you have found indications that such access might become possible.
Any legal claims or lawsuits in conjunction with this website or its use are subject to the interpretation of the laws of the Republic of South Africa, except for the provisions of international private law and the Hague Convention relating to a Uniform Law on the International Sale of Goods of July 1, 1964 and in the UN Sales Convention of April 11, 1980.
This internet site contains forward-looking statements. These statements use words like "believes," "assumes," "expects" or similar formulations. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of our company and those either expressed or implied by these statements. These factors include, among other things:
- downturns in the business cycle of the industries in which we compete;
- new regulations, or changes to existing regulations, that increase our operating costs or otherwise reduce our profitability;
- increases in the prices of our raw materials, especially if we are unable to pass these costs along to customers;
- loss or reduction of patent protection for our products;
- liabilities, especially those incurred as a result of environmental laws or product liability litigation;
- fluctuation in international currency exchange rates as well as changes in the general economic climate; and
- other factors identified in this internet site
These factors include those discussed in the public reports filed by Bayer with the Frankfurt Stock Exchange and with the U.S. Securities and Exchange Commission (including our Form 20-F).
In view of these uncertainties, we caution readers not to place undue reliance on these forward-looking statements. We assume no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.
Purchase / Delivery: conclusion of an agreement
Our Terms and Conditions of Sale apply to all agreements concluded with BAYER. They are also applicable if a contractual party refers to its own terms and conditions in its order. By sending us an order you simultaneously consent to all further conditions of BAYER specified on the website.
If you make an order with the use of order forms supplied by BAYER on the website, then this shall count as a purchase offer to BAYER until the conclusion of an agreement. The agreement is not concluded until BAYER sends you written confirmation of the order.
If our confirmation of an order differs from the details specified by the customer in an order, then the customer must correct the relevant details immediately in writing. Otherwise the agreement shall become effective on the conditions specified in the confirmation.