General Terms and Conditions of LABOKLIN GmbH & Co. KG

1. General – scope of application

1.1.

These General Terms and Conditions (GTC) shall apply to the conclusion and performance of all contracts which LABOKLIN GmbH & Co. KG, Steubenstraße 4, 97688 Bad Kissingen with its client / customer for the purpose of laboratory tests.

1.2.
By placing an order with LABOKLIN GmbH & Co. KG, these GTC shall be deemed accepted unless the Customer expressly objects to their validity when placing the order.

1.3.
All agreements and services of LABOKLIN GmbH & Co. KG shall be based exclusively on the following provisions to the exclusion of any conflicting general terms and conditions of the Customer.
They shall also become part of the contract if the Customer / Client uses terms and conditions deviating from these GTC.
Any deviating terms and conditions of the Customer / Client shall require the express written confirmation of LABOKLIN GmbH & Co. KG IN ORDER TO BE VALID.
They shall not apply even if LABOKLIN GmbH & Co. KG does not expressly object to them or the Customer / Client declares that it only wishes to conclude a contract on its own terms.

1.4.
Contracts shall be concluded exclusively with entrepreneurs.
Entrepreneurs are acc.
§ 14, an entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

2 Conclusion of contract – content of 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 shall only be concluded when a sample together with a test order is received and accepted by LABOKLIN GmbH & Co. KG and is accepted by the latter.
If LABOKLIN GmbH & Co. KG demands a higher price for the test upon receipt of the sample with the test order, it shall inform the Customer accordingly.
This shall then constitute a new offer to conclude a contract.
LABOKLIN GmbH & Co. KG shall be bound by this offer for 10 days.
If the Customer accepts the offer, the contract shall be concluded directly.

2.3.
The contract shall be concluded between LABOKLIN GmbH & Co. KG and the sending practice, or with the signature of another invoice recipient.

2.4 Services marked with an asterisk are provided by a subcontractor.

2.5 Service descriptions 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 – authorization to receive – delay

3.1.
Please refer to the information on the website www.laboklin.de for the expected delivery time / processing period for the laboratory work to be performed.
It is expressly pointed out that the delivery times / processing periods stated are non-binding and are merely an indication of the expected delivery time / processing period customary in the business.
There is therefore no entitlement to exact compliance with the delivery time(s)/processing period(s).
LABOKLIN GmbH & Co. KG shall not be liable for delays caused by third parties (suppliers, post office, courier). KG shall expressly not be liable.

3.2.
The laboratory result will be communicated to the sending practice irrespective of the invoice recipient – in individual cases, an additional dispatch of the result to the animal owner may take place at the request of the practice and the animal owner.
LABOKLIN GmbH & Co. KG reserves the right to charge fees for the additional administrative work.

3.3.
If the client and the invoice recipient are identical, only the client veterinarian shall be entitled to receive the laboratory result.
If the client veterinarian indicates the animal owner as the invoice recipient, the test result may be sent to the invoice recipient in addition to the client.
LABOKLIN GmbH & Co. KG reserves the right to inform the sending practice 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. extended test time for technical reasons, delayed data transmission), a delay in the transmission of the result shall not entitle the laboratory to reduce the invoice amount.

4. Partial deliveries

LABOKLIN GmbH & Co. KG shall be entitled to make partial deliveries of results.

5. Prices

All prices quoted on the investigation requests are net prices plus VAT. the applicable statutory value added tax. A surcharge of 40% is levied on direct invoicing to the livestock owner to cover the increased administrative costs. The animal owner can only be invoiced if a valid address and a signature recognizing the order are available. Otherwise, the client is regarded as the invoice recipient.

6. Remuneration / due date / default

6.1. The agreed remuneration shall be due for payment no later than 14 days after invoicing.

6.2. Default of payment shall occur without the need for a reminder, at the latest 30 days after receipt of the invoice, unless default has occurred earlier by agreement or by law.

6.3. In the event of default, LABOKLIN GmbH & Co. KG shall be entitled to demand interest of at least 9 percentage points of the prime rate applicable at the time of default.

7. Non-payment of direct debits (direct debit)

LABOKLIN shall charge the Customer a processing fee of EUR 15.00 for direct debits that are not honored due to insufficient funds or objection.

8 Liability – Statute of limitations

8.1 LABOKLIN GmbH & Co. KG shall be liable for damages caused by simple negligent violation of essential contractual obligations. Liability due to simple negligence in the event of a breach of non-essential contractual obligations is excluded. This limitation of liability does not apply to damages caused by intent or gross negligence. Furthermore, this limitation of liability shall not apply to damages resulting from injury to life, body or health if LABOKLIN GmbH & Co. KG is responsible for the breach of duty. Furthermore, the limitation of liability shall not apply to damage caused by fraudulent concealment of a defect.

8.2. Claims for damages arising from breaches of duty for services as well as claims for defects, any claims for reimbursement of expenses and claims for reimbursement of futile expenses shall become time-barred twelve months after the start of the statutory limitation period. This does not apply to claims for damages for injury to life and limb or for claims for damages due to intent, gross negligence or fraudulent concealment of a defect.

8.2. In the event of an examination 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 error and which was not caused intentionally or by gross negligence, LABOKLIN GmbH & Co. KG shall only be liable up to the invoice amount of the laboratory work.

8.3. The laboratory cannot be held responsible for metrologically correct results that do not reflect the animal’s state of health due to adverse circumstances (e.g. sample quality).

8.4. The laboratory is expressly not liable 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, this 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 that comes as close as possible to the economic intent of the invalid provision.

9.2. In the event of disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively

9.3. The court at the headquarters of LABOKLIN GmbH & Co. KG in Bad Kissingen shall have exclusive local jurisdiction for legal disputes arising from this contract and for claims on other legal grounds in connection with the testing order, provided that the Contractor is a merchant.

9.4. The place of performance for all parties shall be the location of the headquarters of LABOKLIN GmbH & Co. KG in Bad Kissingen.

9.5 Sample material and anonymized test results may be used for scientific studies.