1. general
Our offers, deliveries and services are provided exclusively on the basis of the following terms and conditions of delivery and payment. By placing an order, the customer agrees to the validity of our General Terms and Conditions in their entirety.
2. conclusion of contract
VLB LaboTech GmbH is bound by offers it has submitted for a period of 30 days from the date of the offer. If VLB LaboTech GmbH receives an order from the customer within this period, a contract will be concluded under the terms of the offer. If an order is placed with VLB LaboTech GmbH without a prior offer by VLB LaboTech GmbH, a contract will only be concluded if VLB LaboTech GmbH confirms the order in writing or executes the order within a period of two weeks from receipt of the order. Verbal agreements are only effective if they are confirmed in writing. Information provided verbally is non-binding.
3. delivery times
The orders placed with VLB LaboTech GmbH will generally be processed in the order in which they are received; urgent orders will be given priority. If agreed deadlines or deadlines communicated by VLB LaboTech GmbH for delivery or for the provision of a service are not met, the client shall grant VLB LaboTech GmbH a grace period of one week for laboratory analyses and a grace period of two weeks for other contractual services. The client may only withdraw from the contract or claim damages after this grace period has expired. The client's claim for damages is limited to damages that are based on an intentional or grossly negligent breach of contract by VLB LaboTech GmbH or its vicarious agents. In cases of operational disruptions, force majeure or other hindrances for which VLB LaboTech GmbH is not responsible, VLB LaboTech GmbH is entitled to withdraw from the contract in whole or in part. Claims for compensation by the client are excluded. Partial performance is permissible.
4. prices
For deliveries and prices, the prices stated in the contract offer of VLB LaboTech GmbH or - if there is no contract offer of VLB LaboTech GmbH - the prices of the price list of VLB LaboTech GmbH valid at the time of the order will be charged. Travel expenses associated with the execution of the order will be charged at € 0.40 per km. Other costs and expenses associated with the execution of an order will be invoiced against proof.
5. payment
The invoices issued by VLB LaboTech GmbH are due for payment without deduction within 14 days of the invoice date. In the event of late payment, the client undertakes to pay default interest in the amount of 10 % per year.
6. reservation of title
The goods delivered by VLB LaboTech GmbH remain its property until payment of the entire purchase price and all claims arising from the existing business relationship until delivery.
7. warranty
The highest quality standards apply to all deliveries and services provided by VLB LaboTech GmbH. All orders for services and consulting are carried out in accordance with the general rules of VLB LaboTech GmbH's quality policy. Laboratory analyses, the results of which can nevertheless be objected to, must be reported by the client in writing to the management of VLB LaboTech GmbH immediately, at the latest within one week after notification of the test result. VLB LaboTech GmbH shall be entitled to re-examine the existing sample within the scope of rectification. If this attempt at rectification fails, the client may, at his discretion, claim a reduction of the remuneration or withdrawal from the contract. If items delivered by VLB LaboTech GmbH are defective, the client will be entitled to choose between rectification or replacement delivery at the discretion of VLB LaboTech GmbH. If the repair or the replacement delivery fails, the client may, at his discretion, claim a reduction of the remuneration or withdrawal from the contract. VLB LaboTech GmbH will only be liable for damages incurred by the client, regardless of the legal grounds, if the damage is based on an intentional or grossly negligent breach of contract by VLB LaboTech GmbH or its vicarious agents, unless it concerns claims for damages against VLB LaboTech GmbH due to the absence of warranted characteristics. Even in the absence of warranted characteristics, VLB LaboTech GmbH shall not be liable for consequential damages caused by a defect, unless the warranty was intended to protect against the consequential damages caused by a defect.
VLB LaboTech GmbH has the right to subcontract analyses to external laboratories as a service. In the case of analyses for which VLB LaboTech GmbH is accredited, such subcontracting shall be carried out exclusively to laboratories that are also accredited for the corresponding analysis.
8. data protection
Within the meaning of the Federal Data Protection Act, VLB LaboTech GmbH is entitled to process, store and evaluate the data obtained about the client in connection with the business relationship. VLB LaboTech GmbH is entitled to use the results of the order for scientific evaluations and publications. However, VLB LaboTech GmbH undertakes to neutralize the results and to refrain from any reference to the client and his interests. The client's permission must be obtained in the event of publication with attribution.
9 Applicable law
The business relationship between VLB LaboTech GmbH and its customers shall be governed by the laws of the Federal Republic of Germany.
10 Place of jurisdiction and place of performance
The exclusive place of jurisdiction is Berlin. The place of performance for all deliveries and payments is Berlin.
11. severability clause
Should any provision of the contract concluded between VLB LaboTech GmbH and its client or of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining contractual provisions or General Terms and Conditions.
12. right of withdrawal
You can revoke your contractual declaration within two weeks without giving reasons in text form (e.g. letter, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods.
The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our statutory information obligations. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation by returning the goods or by letter is to be addressed to:
VLB LaboTech GmbH
Sample receipt
Seestraße 13
13353 Berlin
Consequences of revocation:
In the event of an effective revocation, the services received by both parties must be returned. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for any deterioration of the item resulting from the intended use of the item (i.e. use only for the purpose for which the respective product is intended and designed) by not using the item as if it were your property and by refraining from doing anything that could impair its value.
Goods that can be sent by parcel post are to be returned at our risk. You must bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros. Otherwise the return shipment is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
Exclusion of revocation
Exclusion of revocation
The right of withdrawal does not apply to distance selling contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs, or which are not suitable for return due to their nature, spoil quickly or whose expiration date is so close that a return is excluded.
End of the revocation instruction GmbH
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+49(0)30 450 802 20
labotech@vlb-berlin.org