§ 1 SCOPE OF APPLICATION
1. The following General Terms and Conditions (GTC) of IGL Labor GmbH shall apply to all deliveries made and services rendered within the scope of our business activities. Our GTC shall also be effective if we do not expressly refer to them in subsequent contracts within the scope of an ongoing business relationship. They shall also apply to all future business relations, even if they are not expressly agreed again.
2. Conflicting, deviating or supplementary terms and conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
§ 2 PRICES AND TERMS OF CONDITIONS
1. Unless otherwise agreed, our invoices are due within 14 days of the invoice date without deduction. After expiry of this period, the buyer/client shall be in default of payment. Discounts or other reductions require a special written agreement. In addition to each order, we charge a flat fee of €7.70 (shown as "Findings").
2. All our claims shall in any case become due immediately if the buyer/client defaults on payment or the fulfillment of any other obligation towards us. The same shall apply if the conditions of § 3 No. 5 exist or circumstances become known which justify reasonable doubts about the creditworthiness of the buyer/client.
3. In the event of default in payment, we shall be entitled, without prejudice to further claims, to charge the interest customary in banking, but at least interest in the amount of 8% above the respective base interest rate of the European Central Bank. Furthermore, in this case we are entitled to make further services dependent on advance payments or securities, to demand compensation for damages due to delay in performance or to withdraw from the contract. This shall not apply if the purchaser has justifiably objected to the delivery.
4. Acceptance of checks: This item is not applicable as we do not accept checks of any kind.
5. The buyer/client shall only be entitled to a right of retention insofar as it is based on the same contractual relationship. The offsetting of counterclaims is only permitted insofar as these are recognized by us as existing and due or have been legally established. The rights of the buyer/client arising from contractual relationships with us are not transferable without our consent.
6. Orders / services from abroad, including Europe, can only be made against indication of the credit card of the practice operator or the sending patient. A fee of €20.00 is due per order, which we collect from the credit card along with the invoice, as it were.
§ 3 SCOPE OF SERVICES AND DELIVERY
1. Delivery/performance periods or dates that have not been expressly guaranteed as binding are exclusively non-binding information. If we are in default with regard to bindingly assured deadlines and dates, the purchaser/service recipient must set us a reasonable grace period in writing. Each delivery is made at the risk of the buyer. Insofar as no specific type of shipment has been agreed, the type of shipment shall remain at our discretion.
2. In the event of default in acceptance, default in payment or breach of other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses.
3. Our obligation to deliver shall be suspended as long as the buyer is in default with a due obligation towards us, including those arising from the ongoing business relationship.
4. Shortages of raw materials or energy, strikes, traffic disruptions, official disposals as well as delivery date overruns by upstream suppliers, operational disruptions, cases of force majeure, as well as all other circumstances for which we are not responsible shall release us from the obligation to perform/deliver for the duration and to the extent of the impairment of performance. In these cases, we are furthermore entitled - without prejudice to the liability according to § 4 - to withdraw from the contract without compensation if the performance has become impossible or unreasonable for us or if an end of the impediment to performance is not foreseeable.
5. If we become aware of facts or circumstances that give rise to doubts about the solvency of the buyer/principal (in particular non-payment of due and reminded invoices, insolvency applications, bill protests, dishonor of checks, etc.) and the buyer is not prepared to provide sufficient security despite being requested to do so, we shall be entitled at any time to withdraw from the contract in whole or in part - taking into account Section 2 of these GTC - without being liable for damages.
§ 4 LIMITATION OF WARRANTY AND LIABILITY
1. If we are in default with a service/delivery and if the period of grace to be set by the buyer/client has also expired, the buyer/client may withdraw from the contract for the services that have not been provided by the expiry of the period of grace. If the partial services already rendered are of no interest to the buyer, he shall be entitled to withdraw from the entire contract. If damage has been caused by gross negligence, our liability shall be limited to the damage foreseeable as a result of this breach of duty.
2. The buyer / client must examine the goods immediately after receipt and has to check whether the goods have been delivered perfectly and completely. Visible defects must be reported no later than 14 days after receipt of the goods, non-obvious defects no later than two weeks after their detection. If the complaint is justified, the resulting costs are borne by us, otherwise at the expense of the buyer.
3. Should the delivered goods or the service be defective, we will, at our option, either eliminate the defect or deliver a defect-free product / provide a defect-free service (subsequent delivery, subsequent performance, subsequent improvement). If the supplementary performance fails or if it is unreasonable for the buyer / client, the buyer / client can reduce the price or withdraw / terminate the contract. Further claims, with the exception of those referred to in no. 4-9 fail.
4. Warranty claims of the buyer / client who has concluded legal transactions with us neither in the context of his commercial nor his independent professional activity expire in two years from receipt of the goods / service, in the case of entrepreneurs in one year from receipt of the service.
5. We shall only be liable for damages if (a) liability is mandatory under the applicable law or in cases of injury to life, body or health. (b) we violate an essential contractual obligation (cardinal obligation) or have assured a characteristic of the goods/service (guarantee) or if (c) the damage is based on grossly negligent or intentional conduct on our part.
6. In all other cases, liability on our part for damages is excluded, regardless of the legal basis. In particular, we shall not be liable for indirect damages, lost profits as well as other financial losses of the buyer/client.
7. In any case, liability shall be limited to the damage that we could reasonably foresee or could have foreseen at the time of conclusion of the contract on the basis of the circumstances and facts available to us. This limitation of liability shall not apply in the cases of item 5a, the cases of intentional damage and the cases of grossly negligent damage towards business partners/customers who have not concluded legal transactions with us/received services within the scope of their commercial or independent professional activity (consumers).
8. The exclusion of liability and the limitation of liability according to the preceding paragraphs also apply to damage caused intentionally or grossly negligent by our employees or vicarious agents.
9. We give advice to the best of our knowledge based on our experience. However, all data and information on the suitability and application of our goods are non-binding and do not exempt the purchaser from carrying out his own tests. The customer is responsible for compliance with legal and official regulations when using our goods.
§ 5 RETENTION OF TITLE
1. The goods remain our property until full payment of all claims against the buyer. In the case of acceptance of checks, payment shall only be deemed to have been made when these have been cashed and we can dispose of the amount.
2. The buyer takes the reserved goods into safekeeping for us as is customary in the trade.
§ 6 OTHER
1. In the case of claims based on several services/deliveries, the offsetting of cash receipts against one or the other debt is left to us.
2. Ancillary agreements or verbal arrangements must be agreed in writing. This also applies to the waiver of the written form clause. Should individual provisions of the contract be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The same shall apply if a gap in the contract requiring supplementation becomes apparent during the execution of the contract. In such a case, the invalid provision or gap in the contract requiring supplementation shall be interpreted or supplemented as far as possible in such a way that the economic purpose intended by the invalid provision is achieved.
3. For reasons of simplification, the test reports are signed electronically and are also valid without a manual signature.
4. In the case of an order/delivery/service that is subject to the Gene Diagnostics Act (GenDG), the "Declaration of Cost Acceptance by the Patient" or, in the case of minors, the legal representative must be signed and the "Consent for Gene Testing" must also be signed. Without this, no services can be provided.
5. Every order / service / delivery must be signed by the client or the patient. This applies in particular to the recognition of the "cost assumption declaration". We cannot provide any service without a signature.
§ 7 FULFILLMENT AND JURISDICTION
1. The place of performance of both the services to be rendered by us and the services to be rendered by the Buyer, in particular payments, shall be the place where the service owed by us is rendered.
2. If the contracting party is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Husum. The same shall apply if the contracting party does not have a general place of jurisdiction in Germany or if the party moves its place of residence or habitual abode outside the area of application of German law after conclusion of the contract or if its place of residence or habitual abode is unknown at the time the action is filed.
3. The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
1. Content of the online offer
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or immaterial nature caused by use or disuse of the information or the use of incorrect or incomplete information are excluded, unless the author is not intentional or grossly negligent fault. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to discontinue the publication temporarily or permanently
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3. Copyright and Trademark Law
The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to use license-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
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5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or not completely correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and validity.
IGL Labor GmbH