LABOKLIN GmbH & Co. KG General Terms and Conditions
1. General information – Area of application
1.1. These General Terms and Conditions apply to the conclusion and execution of all contracts entered into by LABOKLIN GmbH & Co. KG, Steubenstrasse 4, 97688 Bad Kissingen, Germany, with its client/customer for the purpose of laboratory tests.
1.2. With the placing of the order to LABOKLIN GmbH & Co. KG, these General Terms and Conditions are regarded as accepted if the customer does not expressly contradict their validity when placing the order.
1.3. All agreements and services of LABOKLIN GmbH & Co. KG are carried out exclusively on the basis of the following regulations under exclusion of conflicting terms and conditions of the client/customer. They also become part of the contract if the client/customer uses conditions deviating from these General Terms and Conditions. Deviating conditions of the client/customer require express written confirmation of LABOKLIN GmbH & Co. KG in order to be effective. They are not applicable even if LABOKLIN GmbH & Co. KG does not expressly contradict or the client/customer declares that he only wishes to conclude a contract on his own terms.
1.4. Contracts are concluded exclusively with entrepreneurs. In accordance with § 14, entrepreneurs are natural or legal persons or an incorporated partnership exercising their commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of contract – Contents of the contract
2.1. All offers of LABOKLIN GmbH & Co. KG are subject to change and non-binding.
2.2. The contract for the provision of a service is only concluded if a sample together with a submission form are received and accepted by LABOKLIN GmbH & Co. KG. If LABOKLIN GmbH & Co. KG, upon receipt of the sample and the submission form, demands a higher price for the test, it will inform the client about it. This then presents a new offer for the conclusion of a contract. LABOKLIN GmbH & Co. KG is bound to this offer for 10 days. If the client accepts the offer, the contract is concluded directly.
2.3. The contract is concluded between LABOKLIN GmbH & Co. KG and either the practice sending the sample or, if another invoice recipient signed the order, with him.
2.4. Descriptions of services in print media and on the websites of LABOKLIN GmbH & Co. KG do not have the character of an assurance or guarantee.
3. Delivery times – Authorisation to receive – Delay
3.1. For information on the expected delivery time/processing period for the laboratory work to be performed, please refer to the website www.laboklin.com. We explicitly point out that the stated delivery times/processing periods are non-binding and merely indicate the expected customary delivery time/processing period. There is therefore no entitlement to claim exact adherence to the delivery period/processing period. LABOKLIN GmbH & Co. KG expressly does not accept liability for delays caused by third parties (suppliers, post, courier).
3.2. Irrespective of the recipient of the invoice, the laboratory result will be communicated to the practice that sent the sample – in individual cases, an additional dispatch of the result to the animal owner can be made at the request of the practice and the animal owner. LABOKLIN GmbH & Co. KG reserves the right to charge fees for the additional administrative expenses.
3.3. If the client and the recipient of the invoice are identical, only the client veterinary surgeon is entitled to receive the laboratory result. If the client veterinary surgeon specifies the animal owner as the invoice recipient, the test result can be sent to both the invoice recipient as well as the client. LABOKLIN GmbH & Co. KG reserves the right to inform the sending practice of this in advance.
3.4. In the event of a delay in the preparation of the test result for which the laboratory is not responsible (e. g. an extended test time due to technical reasons, delayed data transmission), a delayed transmission of the result does not entitle the customer to reduce the invoice amount.
4. Partial deliveries
LABOKLIN GmbH & Co. KG is entitled to make partial deliveries of the test results.
All prices listed on the submission forms are net prices plus the statutory value-added tax applicable at the time. If the animal owner is charged directly, a surcharge of 40% will be imposed to cover the increased administrative costs. Direct invoicing of the animal owner can only be done if a valid address and a signature acknowledging the order are available from the animal owner. Otherwise, the client will be regarded as the invoice recipient.
6. Payment / Due date / Delay
6.1. The agreed remuneration is due for payment no later than 14 days after invoicing.
6.2. Default in payment occurs, without the need for a reminder, at the latest 30 days after receipt of the invoice, unless the default has occurred earlier due to an agreement or by law.
6.3. In case of default in payment, LABOKLIN GmbH & Co. KG is entitled to demand interests of at least 9 percentage points above the base rate applicable at the time of the occurrence of the default.
7. Dishonour of debit advices (direct debit)
For direct debits that are not redeemed due to lack of funds or due to objections, LABOKLIN GmbH & Co. KG charges a processing fee of 15.00 EUR to the client.
8. Liability – Statute of limitations
8.1. LABOKLIN GmbH & Co. KG is liable for damages resulting from simple negligent violation of essential contractual obligations. Liability due to simple negligence in the event of violation of non-essential contractual obligations is excluded. This limitation of liability does not apply to damages caused by intent or gross negligence. In addition, this limitation of liability does not apply to damages resulting from injury to life, body or health, insofar as LABOKLIN GmbH & Co. KG is responsible for the breach of duty. Furthermore, the limitation of liability does not apply to damages caused by fraudulent concealment of a defect.
8.2. Claims for damages arising from breaches of duties associated with services as well as warranty claims, any claims for reimbursement of expenses and claims for compensation of futile expenses shall become statute-barred twelve months after the start of the statutory limitation period. This does not apply to claims for damages to life and limb or to claims for damages based on intent, gross negligence or fraudulent concealment of a defect.
8.2. In case of a test or measurement error for which the laboratory is responsible due to a lack of quality control, a transmission error or a similar type of human failure and which was not caused intentionally or by gross negligence, LABOKLIN GmbH & Co. KG shall only be liable up to the amount invoiced for the laboratory work.
8.3. The laboratory cannot be held responsible for technically correct measurement results that do not reflect the animal’s state of health due to adverse circumstances (e. g. sample quality).
8.4. The laboratory expressly disclaims any liability for the correspondence between the identity of the sample and the sampled animal.
9. Final provisions
9.1. Should one of the above provisions of the contract be invalid, it shall not affect the validity of the other provisions and the contract. The invalid provisions shall be replaced by the statutory provisions. If there are no statutory provisions, the contracting parties undertake to create a new provision with regard to the invalid provision which comes closest to the economic intention of the invalid provision.
9.2. For disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively.
9.3. For legal disputes arising from this contract and for claims for other legal reasons in connection with the request for testing, the court at the head office of the company LABOKLIN GmbH & Co. KG in Bad Kissingen, Germany, shall have exclusive local jurisdiction if the contractor is a businessman.
9.4. The place of performance for all parties involved is the location of the head office of the company LABOKLIN GmbH & Co. KG in Bad Kissingen, Germany.
9.5 The submitted sample material for examination, as well as any resulting isolates, pathogens, biological data, especially nucleic acid or protein sequences obtained from the sample materials or pure isolates, shall become the property of Laboklin GmbH & Co. KG upon conclusion of the contract. If specific risks are associated with the transfer, such as known or suspected infectivity, toxicity, or radiation exposure, the client must inform the examining institution beforehand. Otherwise, the responsibility for liability in case of damage remains with the client. Laboklin GmbH & Co. KG is also entitled to conduct further tests on the examination materials at its own cost and risk and to use the results obtained from it in anonymized form for publication.