Standard Terms and Conditions of LABOKLIN GmbH & Co. KG
1. General Provisions - Scope of Application
(1.1) These Standard Terms and Conditions shall apply to the conclusion and execution of all contracts concluded between LABOKLIN GmbH & Co. KG, Steubenstraߥ 4, 97688 Bad Kissingen and the Ordering Party/Customer for the purpose of laboratory tests.
(1.2) These Standard Terms and Conditions shall be deemed to have been accepted when an order is placed with LABOKLIN GmbH & Co. KG unless the Customer explicitly objects to them when placing the order.
(1.3) All agreements and services of LABOKLIN GmbH & Co. KG shall be based exclusively on the provisions set forth below, any Standard Terms and Conditions of the Ordering Party/Customer containing contradictory provisions being excluded. Even if the Ordering Party/Customer uses Terms and Conditions which diverge from these Standard Terms and Conditions, the latter shall become part of the contract. Any deviating Terms or Conditions of the Ordering Party/Customer require an explicit written confirmation from LABOKLIN GmbH & Co. KG in order to become effective. They shall not be applicable even if LABOKLIN GmbH & Co. KG does not explicitly object to them or if the Ordering Party/Customer declares that he wants to enter into an agreement only on the basis of his own Terms and Conditions.
2 Conclusion and Contents of the Contract
(2.1) All offers submitted by LABOKLIN GmbH & Co. KG shall be subject to confirmation and are not binding.
(2.2) A contract concerning the delivery of services shall only enter into effect when LABOKLIN GmbH & Co. KG has received and accepted a sample together with an order for testing.
(2.3) The contract is concluded between LABOKLIN GmbH & Co. KG and the surgery sending the sample or, in case another invoice recipient has signed the order, with the latter.
3. Delivery Times - Recipient of Test Results - Delays
(3.1) For prospective delivery times / processing periods for the laboratory work to be performed, please see the details on our website www.laboklin.de. We explicitly point out that the delivery times / processing periods stated there are not binding and are only meant to provide an indication for the usual delivery times / processing periods to be reckoned with. Therefore, the Customer shall not be entitled to any claims with respect to exact observance of the delivery times / processing periods. LABOKLIN GmbH & Co. KG explicitly disclaims any liability for delays for which a third party (deliverer, postal service, courier) is responsible.
(3.2) Irrespective of who is the invoice recipient, the test result shall be communicated to the surgery which has sent the sample ? in individual cases, the result may also be sent to the owner of the animal if the surgery and the owner have requested this. LABOKLIN GmbH & Co. KG reserves the right to charge a fee for the additional administration expenses.
(3.3) If Ordering Party and invoice recipient are identical, only the ordering veterinary surgeon shall be entitled to receive the test result. If the veterinary surgeon, as the Ordering Party, specifies the owner of the animal as invoice recipient, the test result may be sent to both, the invoice recipient and the Ordering Party. LABOKLIN GmbH & Co. KG reserves the right to inform the surgery that has sent the sample accordingly in advance.
(3.4) In case of a delay in completing the test result for which the laboratory is not responsible (e.g. extended test times due to technical reasons, delayed data transmission), a delayed transmission of the test result shall not entitle the Customer to a reduction of the invoice amount.
4. Partial Deliveries
LABOKLIN GmbH & Co. KG shall be entitled to make partial deliveries of the test results.
5. Right of Withdrawal
(5.1) The Customer shall have a right of withdrawal as long as the processing of the sample has not yet started in the laboratory.
(5.2) This right of withdrawal shall lapse at the latest when the sample is registered.
(5.3) LABOKLIN GmbH & Co. KG shall be entitled to invoice the services requested from the moment of the registration onwards even if the Customer withdraws the order.
All prices on the test requirements form are quoted without the applicable Value Added Tax. In case of direct invoicing to the owner of the animal, a supplement of 30% shall be charged to cover the additional administration expenses. Direct invoicing to the owner of the animal is only possible if his/her valid address and his/her signature by which the order is confirmed is provided to us. Otherwise, the Ordering Party shall be considered to be the invoice recipient.
7. Remuneration / Due Date / Default
(7.1) The agreed remuneration shall be due for payment 14 days after delivery of the invoice, at the latest.
(7.2) The Customer shall be in default without the necessity of a reminder letter 30 days after delivery of the invoice at the latest, unless he is in default even earlier due to an individual agreement or statutory provisions.
(7.3) LABOKLIN GmbH & Co. KG shall be entitled to charge interest on arrears of 8 percentage points above the basic interest rate valid at the time when the default occurred in dealings with firms and of 5 percentage points above the basic rate in dealings with consumers.
8. Dishonour of Direct Debit
For any direct debiting transaction that fails for want of funds or due to an objection, LABOKLIN shall charge a processing fee of 15.00 EUR to the Ordering Party.
(9.1) Except as otherwise provided herein, the statutory warranty regulations shall apply.
(9.2) In case of an error with the testing and/or measuring result for which the laboratory is responsible because of an insufficient quality control, a transmission error or a human failure of similar kind and which is not due to deliberate action or gross negligence, LABOKLIN GmbH & Co. KG shall only be liable for an amount up to the invoice amount.
(9.3) The laboratory shall not be held liable for technically correct measuring results which do not reflect the animal's state of health because of any adverse circumstances (e.g. the quality of the sample).
(9.4) The laboratory explicitly disclaims any liability for the correspondence between the identity of the sample and the sampled animal.
10. Liability ? Period of Limitation
(10.1) LABOKLIN GmbH & Co. KG shall be liable for any damage caused by a violation of essential contractual obligations due to ordinary negligence. Any liability for a violation of non-essential contractual obligations due to ordinary negligence shall be excluded. This limitation of liability shall not apply to any damage caused by deliberate action or gross negligence. This limitation of liability shall not apply either to any damage resulting from an injury to life, limb or health as far LABOKLIN GmbH & Co. KG is responsible for the violation of its duty. Neither shall this limitation of liability apply to any damage that has occurred because of fraudulent concealment of a defect.
(10.2) Any claims from a violation of duties in connection with the provision of services as well as any warranty claims, any claims for reimbursement of expenses and any claims for compensation of futile expenses shall become time-barred 12 months after the statutory commencement of the limitation period. This shall not apply to any claims for damages because of an injury to life and limb nor to any claims for damages due to deliberate action, serious default or fraudulent concealment of a defect.
11. Data Protection
All customer data shall be stored and processed with due regard to the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). The Customer shall be entitled at any time to request information about his/her data that have been stored and to have these data corrected, blocked or deleted.
12. Disclosure to Third Parties
All patient-related data / test results shall be sent only to the Ordering Party. The only exception shall be the delivery of the data to the owner of the animal if he/she is the invoice recipient. This shall only be done with simultaneous notification to the veterinary surgeon as the Ordering Party.
13. Final Provisions
(13.1) If one of the provisions set forth above is ineffective, this shall have no effect whatsoever on the remaining provisions of the contract. The ineffective provisions shall be replaced by the statutory provisions. In case there are no statutory provisions, the Parties agree to replace the ineffective provision by a new one which comes closest to the economic purpose of the invalid provision.
(13.2) Any disputes from this contract shall be settled in accordance with the Law of the Federal Republic of Germany, the provisions of the German Code on the Conflict of Laws (EGBGB) being excluded.
(13.3) The exclusive legal venue for any disputes arising from this contract and for any claims for other legal causes in connection with the test order shall be the court having jurisdiction at the registered place of business of LABOKLIN GmbH & Co. KG in Bad Kissingen, Germany.
(13.4) The place of performance for all parties involved shall be the location of the registered place of business of LABOKLIN GmbH & Co. KG in Bad Kissingen, Germany.