Section 1 General information and definitions
(1) Labogen and Laboklin are to be considered synonymous with LABOKLIN GmbH & Co. KG in all documents, electronic means of communication, speeches and business contacts.
(2) Business partner is the person/organisation that commissions or enquires about services from Laboklin.
(3) Contract refers to all orders for service provision agreed in writing, verbally or via the Laboklin websites between Laboklin and the business partner in accordance with the following provisions, including advisory services and any additional or supplementary services.
(4) Specific contractual agreements made in writing between Laboklin and a business partner supplement the items named in these conditions of use.
(5) Any conflicting conditions of use of a business partner must be agreed to in writing by Laboklin.
Section 2 Content and conclusion of contracts
(1) The services to be rendered, their use and validity are derived from the offer stated in the schedule of services of the price list or an individual catalogue of services agreed in writing between Laboklin and the business partner.
(2) For contracts that can only be executed if a sample is submitted, the contract begins upon registration of the sample at Laboklin. For orders based on samples that Laboklin has already received, the contractual relationship begins when the business partner submits the complete order description to Laboklin. Contracts pertaining to orders that are based solely on data managed by Laboklin begin when the order data is submitted.
(3) To use the Laboklin online offer to place orders, registration under www.labogen.com is preferable, though not mandatory. Section 2.2 applies for the creation of a contract. The user must ensure that his access data cannot be misused to place orders with Laboklin. All orders placed via an online account are deemed to have come from the respective account holder and oblige the account holder to pay for the orders placed through the account.
(4) Regardless of the means by which the order is placed, Laboklin is entitled to demand a prepayment for an order up to the full payment amount to be expected. In this case, the order begins in addition to Section 2.2 (order data received in full) upon receipt of the specified payment amount.
(5) Subsequent changes and additions to existing orders at the request of the business partner require a new contract.
(6) Changes to a contract, including additions and ancillary agreements, as well as changes to this written form clause are invalid unless agreed in writing.
Section 3 Obligations of the business partner
(1) The business partner is obliged to ensure the sample and data requirements are met in order to fulfil the contractual requirements. Any unusable or incorrect results caused by faulty samples and/or data do not give entitlement to corrective or replacement services.
(2) For orders where it is found that the samples intended for them cannot or can only partially be used to fulfil the order, the associated contract extends to the partial services rendered.
Section 4 Time period for service provision – downtime – communication of results
(1) Laboklin shall make every effort to provide the services within the standard time period or within the agreed timeframe. There is no obligation to observe certain time periods.
(2) Express notice is given that there is no fulfilment obligation. If for technical reasons, fulfilment is delayed or is impossible, the business partner shall be informed of this.
(3) Delays for technical reasons or downtime due to faulty sample material are not grounds for a reduction in the agreed payment. If fulfilment is not possible due to faulty work by Laboklin, the work carried out will not be billed and any prepayments will be reimbursed in the form of a voucher/credit.
(4) If Laboklin is contractually obliged to present the results of its activity in writing, only the written presentation of the results will be valid. Verbal statements and explanations are always non-binding, including those given by Laboklin employees involved in fulfilling the contract. Laboklin is free to choose how it presents the results.
(5) Results are only communicated to the business partner or their authorised representative. The contact details provided by the business partner when registering shall be used for results provided online.
Section 5 Cancellation
(1) The business partner recognises that the services ordered from Laboklin are works that must begin upon registration of the sample or arrival of the order data in order for the results to be communicated as soon as possible. The cancellation of a service ordered from Laboklin can thus only be granted if it is linked to a sample that has been re-submitted for registration AND the sample concerned has not yet been registered.
(2) There is a two-week statutory right of cancellation for orders placed online. The business partner recognises that orders placed via www.labogen.com are services according to its requirements, as defined by law, and that the right of cancellation therefore does not apply.
Section 6 Billing
(1) If no separate agreements are made, the prices published on www.labogen.com shall apply. Discounts are subject to individual, separate agreement. The prices applicable to users of www.labogen.com are listed in the relevant user accounts.
(2) The due dates specified on the associated bills shall apply to the contractually agreed payments. If payment has not been received within 30 days of the billing date, it shall be considered in arrears without separate notice.
(3) In the event of arrears, in addition to the payment amount due, Laboklin is entitled to charge 8% interest above the basic interest rate applicable at the time of the arrears.
(4) Invoicing in the online account occurs during order placement and the invoice amount is immediately collected via the payment procedures available there. In the event of a chargeback for orders already placed, Laboklin is entitled to bill the account holder for the amount owed as a result of the services rendered, plus expenses of 10% of the returned direct debit amount, at least €25.00 (net).
Section 7 Liability/guarantee
(1) The business partner acknowledges that the results of molecular genetic diagnostics may contain errors that are not apparent to Laboklin. There is no guarantee that the results provided by Laboklin are correct. If such an error is found after the results are provided, Laboklin shall correct the corresponding findings where possible and, if necessary, take remedial action at no charge. If this is not possible, a replacement service limited to the value of the faulty order shall be provided.
(2) Laboklin is liable for damage resulting from ordinary negligent breach of significant contractual obligations. There is no liability as a result of ordinary negligence where insignificant contractual obligations are breached. This limitation of liability does not apply for damage caused through intent or gross negligence. This limitation of liability also does not apply for damage resulting from injury to life, limb or health, provided that Laboklin is responsible for the breach of obligations.
(3) Compensation claims arising from breaches of duty relating to services, as well as claims for defects and claims for reimbursement of expenses or wasted expenditure shall become time-barred twelve months after the start of the contract. This does not apply for compensation claims for damage to life and limb or for compensation claims due to negligence, gross fault or malicious non-disclosure of a defect.
(4) The business partner is liable vis-à-vis Laboklin for all damage resulting from wilfully or negligently false or incomplete placement of orders, including incorrect or incomplete transmission of data and documents.
Section 8 Data protection – intellectual property protection
(1) The business partner must only use the statements, reports, drawings, calculations etc. prepared by Laboklin as part of a contract for its own purposes. Any other, especially commercial, use is prohibited without the written consent of Laboklin.
(2) Laboklin can correct evident mistakes such as typos, miscalculations or formal defects in written communications at any time, including vis-à-vis third parties.
(3) All the business partner's data will be used solely to provide the services agreed in the contract. They are stored in compliance with the provisions of the German Federal Data Protection Act and the German Telecommunication Services Act.
(4) At the request of the business partner, Laboklin will delete all data relating to the business partner and for which the business partner has sole right of disposal.
Section 9 Property rights
(1) The property rights specified upon submission of a sample shall apply for Laboklin. The business partner is responsible for giving notice of the transfer of property rights.
(2) Sample material sent that is not subject to a storage agreement becomes the property of Laboklin; there is no entitlement to have it returned.
(3) LABOKLIN is entitled to use the sample material sent in for scientific purposes. The test results can be used for statistical evaluations in anonymised form.
Section 10 Final provisions
(1) These conditions of use apply from the day of publication and supersede previous versions.
(2) The contractual relationship between the parties is exclusively governed by the laws of the Federal Republic of Germany.
(3) The place of performance and jurisdiction is Bad Kissingen.
(4) If individual provisions or parts thereof are or become invalid or unenforceable, or if there is a gap in the conditions of use, the validity of the remaining provisions is unaffected thereby. To replace the invalid or unenforceable provision or to close the gap a suitable provision should be used that comes as close as legally possible to what the contracting parties intended, or would have intended based on the intention and purpose of these conditions of use if they had taken this point into consideration.
Bad Kissingen, 01/12/2015