General Terms and Conditions
1. general contractual conditions and individual agreements, conclusion of contract
1.1 General contractual conditions and individual agreements
These general terms and conditions apply to all deliveries and services of Lab Marketplace GmbH (Lab Marketplace) to the contractual partner and are the basis of all legal transactions between Lab Marketplace and the contractual partner (customer). The general terms and conditions apply exclusively. Different or supplementary conditions, also in another form, are only valid if they have been accepted by Lab Marketplace. These require our written consent in individual cases in order to be valid.
1.2 Conclusion of contract
A contract is considered concluded with the signing of an individual agreement by both parties or with the receipt by the customer of Lab Marketplace's written order confirmation, provided that the customer has legally signed or accepted the General Terms and Conditions. Existing express or tacit agreements, promises or offers between the parties shall be fully replaced by a written contract or order confirmation.
2. contents of contract, product and device specifications
2.1 Contents of the contract
The content of the agreement is based on the written contract, in its absence on the written order confirmation of Lab Marketplace. The Lab Marketplace lists all devices for sale on your website (labmarketplace.ch). The general condition of the devices is documented with pictures/photos and the corresponding technical data. Lab Marketplace expressly points out that an on-site inspection of the equipment is usually not possible, as the equipment is usually already prepared for transport.
2.2 Product and device specifications
The customer acknowledges and expressly accepts that all information, designations, information documents, technical descriptions, drawings, tables or other communications on the Lab Marketplace homepage are based on documents or information from manufacturers, suppliers, business partners of Lab Marketplace or on the experience of Lab Markplace. Any liability based on such information in these documents and/or information provided is expressly excluded. The customer acknowledges that the above-mentioned principles are expressly understood as recommendations or references, to the exclusion of any warranty, and does not release the user of the products sold by Lab Marketplace from the obligation to carry out their own suitable tests for the respective purpose. Information in brochures, catalogues and technical documents shall only be binding if assured in writing.
3. equipment condition and technical inspection, services
3.1 Equipment condition and technical inspection
The devices sold by Lab Marketplace are technically in perfect condition and visually, according to the service life, in very good condition. All devices are subjected to a "technical inspection" by Lab Marketplace before being sold. The technical test is defined as follows and comprises finally: the device-specific general functional check, if present, of fans (quiet running), lighting (on, off), UV lamp (on, off; timer if present), installed sockets (mains voltage check 230/400V), control panel (circuit, button check), windscreens (move to window positions, alarm check) and, if necessary, further special technical components, depending on the device, which are not installed as standard. The technical inspection is recorded and handed over to the customer with the delivery of the device. If individual functions would have limitations, this will be mentioned in the corresponding article description. If the customer needs special requirements for the device to be purchased for his application, this must be expressly stated by the customer and on his own initiative before ordering the Lab Marketplace, or clarified in advance with Lab Marketplace in a suitable manner.
3.2 Service Services
Lab Marketplace expressly points out to the customer that during a technical inspection according to section 3.1 by Lab Marketplace, neither the filters are checked for visually invisible damage, no air velocities are checked or adjusted, no alarm thresholds are adjusted or checked and no classifications of air purity and drgl. are made. Any kind of service to the equipment is not subject of the sales contract between Lab Marketplace and the customer. The tests and settings listed under this section 3.1, which are not the subject of the so-called technical test, can be offered by independent Lab Marketplace service providers before or after delivery of the device at the request of the customer. In this context, reference is made to the separate service offer of Lab Marketplace, which is described and available on the website (labmarketplace.ch).
4. maintenance and repairs, spare parts
4.1 Maintenance and repairs
Lab Marketplace does not offer maintenance and repair of equipment purchased from Lab Marketplace. The customer can contact Lab Marketplace, who will pass this on to your competent partners.
4.2 Spare parts
The devices sold by Lab Marketplace are used devices only. Lab Marketplace cannot make any representation and disclaims any responsibility for the availability or availability of spare parts for the equipment sold by the equipment manufacturer or distributor.
5. delivery, delivery periods, acceptance as well as installation, commissioning and functional instruction
5.1. delivery
The customer can pick up the device at Lab Marketplace, pick up the delivery by a carrier of his choice or, if desired, have it organized by Lab Marketplace. The delivery is made on ramp or to the installation site by a partner of Lab Marketplace, on request with commissioning. If Lab Marketplace has not expressly accepted the deliveries free of charge, this is at the expense of the customer. Unless otherwise agreed, Lab Marketplace is expressly authorized to invoice separately for the delivery / transport. The delivery is communicated to the customer in advance in writing, by email or by telephone. If the delivery cannot take place due to wrong data of the customer without problems, Lab Marketplace does not take over any liability. Additional costs associated with this are to be paid by the customer.
5.2 Delivery periods
The standard delivery period after receipt of order or conclusion of contract is between 4-6 weeks. In case of delays of deliveries and services, the customer has the right to remind the Lab Marketplace and to set a new, reasonable grace period. If the fulfillment of the contract also fails after expiration of the grace period due to fault of Lab Marketplace, the customer has the right to withdraw from the contract.
5.3 Installation, commissioning and functional instruction
The costs for installation/assembly, commissioning and instruction at the customer's premises are not included in the purchase price. Lab Marketplace offers its customers the opportunity to install the device on site through its professional independent service providers and partners. In this context, reference is made to the separate service offer of Lab Marketplace, which is described and available on the website (labmarketplace.ch).
6 Warranty, notice of defects, reversal of the contract, liability for defects
6.1 Guarantee of Functionality
Lab Marketplace commits itself that the devices correspond to the given specifications in accordance with number 3.1 at the delivery to the customer and guarantees in this connection full function of the used device with proper handling. No warranty is given for the uninterrupted operability of the device. Accordingly, the used equipment is sold as functional, but or any warranty. A right of return or a price reduction shall only exist if this has been expressly agreed in writing between the contracting parties. If the device is installed on site by a third party commissioned by Lab Marketplace or by the customer, the right of withdrawal can no longer be asserted after the start of installation work or other agreed services, even if the work cannot be completed on time. Other rights of the customer due to delay of delivery or service are expressly excluded. In particular, the customer shall not be entitled to claim damages for delayed deliveries or services.
6.2 Notice of defects
The customer must inspect the devices within a reasonable period of time and inform Lab Marketplace immediately in writing of any defects with regard to the device specification in accordance with section 3.1, but no later than 30 working days from the date of dispatch or collection of the delivery. If he fails to do so, the deliveries shall be deemed to have been approved. The warranty expires prematurely in the event of improper handling of deliveries by the customer.
6.3 Reversal of the contract
If the specifications and characteristics assured according to point 3.1 are missing and a repair or replacement is not possible with reasonable effort, Lab Marketplace can cancel the sale. For the injury of any secondary obligations from a delivery (e.g. defective consultation and the like) Lab Marktplace is responsible only with illegal intention or rough negligence.
6.4 Disclaimer of liability
For direct, direct damages of the customer in connection with defects of the (delivered) devices, the liability is completely excluded. Likewise, Lab Marketplace is not liable for indirect, consequential or incidental damages such as lost profits, loss of data, restoration of destroyed data, claims by third parties or damages arising from the non-fulfilment of contractual obligations of the customer. Lab Marketplace then does not assume any guarantees of the manufacturers or sub-suppliers and especially not for the service providers called in by the customer or organized by Lab Marketplace.
6.5 Exclusion of further liability of Lab Marketplace
All cases of breaches of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these terms and conditions. In particular, all claims for damages, reduction or cancellation of the contract not expressly mentioned are excluded to the extent permitted by law.
7. prices and terms of payment, delay, transport and insurance
7.1 Prices and terms of payment
The customer has the option of paying the price stipulated in the individual contract in advance, in cash on collection or on account within 14 working days of receipt of delivery of the device. The payment obligation is only fulfilled when the invoice amount is credited to the bank account of Lab Marketplace. Deliveries to foreign countries will only be processed by advance payment or cash payment. Credit cards of any kind, PayPal, Letters of Credit are not accepted. In the case of invoicing, Lab Marketplace reserves the right to carry out a credit check or to provide proof of creditworthiness.
7.2 Delay
If payment is not made even after a reminder has been issued, Lab Marketplace is entitled to all rights according to Art. 107 ff OR. In the event of withdrawal from the contract, a contractual penalty of 10% of the contract sum shall be due, irrespective of fault.
7.3 Transport and Insurance
Transport shall be at the expense and risk of the customer. The insurance against damages of any kind is the responsibility of the customer. The prices are net, i.e. additional costs such as insurance, taxes, levies, packaging etc. shall be borne by the customer.
8. preparatory actions and acceptance
If the equipment is installed on site by a Service Partner or if commissioning is carried out on site, it is the customer's responsibility to make the relevant localities available in good time and to equip them beforehand with all the necessary technical equipment (e.g. power supply, air conditioning, etc.) for the operation of the equipment at his own expense.
9. retention of title
Ownership of deliveries shall not pass to the customer until the full price has been paid. The customer authorizes the Lab Marketplace with conclusion of the contract to make the entry of the retention of title in public registers at his expense without further ado.
10. transfer of benefits and risks
Benefit and risk are transferred to the customer upon collection or dispatch of the delivery from Lab Marketplace.
11. assignment of rights and duties
The customer agrees to a possible transfer of the rights and obligations of Lab Marketplace from the contract to a third party. An assignment of rights and obligations on the part of the customer requires the written consent of Lab Marketplace.
12. invalidity of individual provisions
Should any of these provisions be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps in the contract.
13. applicable law, place of jurisdiction
The present contract is subject to Swiss law. The parties agree that the exclusive place of jurisdiction shall be the registered office of Lab Marketplace.
Your Lab Marketplace Team