Terms of Service
Terms of Service of the LSM Bioanalytik GmbH(Limited Liability Company)
The LSM Bioanalytik GmbH (later in here referred to as „LSM Bioanalytik“) consider themselves as service provider for private and public institutions and enterprises in the field of biological science/ life science. We focus on the performance of services for immunohistochemical applications, especially the production of demoslides for microscopy and the characterisation of antibodies. Basis of our business policy is a trustful co-operation with all customers for mutual benefit. We consider mutual understanding and courtesy as the best way to solve unexpectedly occurred problems.
The following terms apply to all purchase, service and delivery contracts according to which LSM Bioanalytik is the supplier. Contradicting terms or terms of the customer differing from our delivery terms will not be accepted, unless explicitly agreed to by us in writing. Our delivery terms even then apply if we unconditionally deliver to the customer despite having the knowledge about contradicting terms or differing terms of the customer.
II. Use of customer data
All commercial activities between LSM Bioanalytik and their customers are subject to legal and common regulations concerning confidentiality towards third parties. We are entitled to store and to internally process customer data within the scope of legal regulations, especially according to the German Data Protection Act and the German Telemedia Act.
Our offers are non-binding and subject to change, unless explicitly marked as “binding” or containing a limited term of acceptance. The order of products by the customer will be considered as a binding proposal towards concluding a contract. We only consider orders as binding if confirming them in writing within 2 weeks or by delivering the products within 2 weeks.
(1) Our prices are ex-works Magdeburg plus packaging, fees and other public charges, unless otherwise stated in the order confirmation. Delivery takes also place at the customer’s cost and risk even if carried out with our own vehicles.
(2) Our prices are plus statutory VAT valid at the time of invoicing. Shipping costs are 6,80 EUR for smaller parcels or 34,80 EUR for larger parcels. These prices include costs for special packaging material, such as boxes for demoslides. The decision to deliver in small or large parcels lies solely with LSM Bioanalytik. Delivery outside the European Union is performed in cooperation with a logistic partner who also handles the customs clearance formalities. These costs will be charged to the customer in addition. In the interest of our customers, we commit ourselves to keeping shipping costs as low as possible.
(3) Our net prices are calculated according to type and scope of the products and services to be performed. Therefore binding catalogue prices are not advertised.
V. Delivery terms
(1) The manufacturing of products and the performance of services by LSM Bioanalytik GmbH are partly or entirely subject to complex biological processes. Those processes themselves are subject to disturbance factors which are not always foreseeable or avoidable. This may lead to delays during the manufacturing of products and/or the performance of services for the customer. Therefore LSM Bioanalytik is not able to guarantee exact delivery terms for their products and services. Regardless of that, the adherence to priory agreed delivery terms for products and/or services by LSM Bioanalytik has highest priority.
(2) Further, LSM Bioanalytik reserves the right to execute orders by partial deliveries to the customer. Those partial deliveries will be dispatched including separate delivery orders and separate invoices. LSM Bioanalytik agrees to negotiate the modalities of partial deliveries with the customer. However, the customer has no right to a specific form of delivery.
(3) If delays of the delivery or the performance of the service occur or become foreseeable, LSM Bioanalytik is to inform the customer as early as possible about such problems and is to search for solutions.
VI. Liability and warranty
(1) In case of proven defects, the products of LSM Bioanalytik are subject to legal warranty obligations.
(2) LSM Bioanalytik is not liable for signs of wear and tear of their products which are caused by appropriate or inappropriate use of the products by the customer.
(3) Microscopic preparations, which are produced to serve as demoslides or for the characterisation of antibodies and are delivered to the customer as invoiced, are subject to special wear and tear even on appropriate use. In particular, demoslides may bleach out due to numerous microscoping. This sign of wear and tear is strongly depending on the intensity of use of the microscopic preparation and therefore is not to be considered a defect under warranty regulations.
(4) The customer acknowledges the peculiarities of microscopic preparations as mentioned in paragraph (2).
(5) Microscopic preparations had been quality-checked before delivery. Here, quality attributes are a sufficient fluorescence signal typical for the stained marker and the correct consistency of the object plate. The latter is fulfilled if the preparation on the object plate does not contain more than 5 air pockets and the usable surface of the preparation is 90 % at least.
(6) Defective microscopic preparations may be objected against if the fluorescence signal is significantly lower as expected according to the respective marker, if the labelling of the object plate and/or the colour of the preparation is incorrect and if the number and size of air pockets exceed the value mentioned in (5). Such a defect is to be asserted by the customer immediately after receipt of the object plate, if recognisable, and to be reported in writing to LSM Bioanalytik within 3 weeks.
(7) Defective microscopic preparations are to be returned to LSM Bioanalytik within 4 weeks and will be replaced by new object plates. The customer is to grant LSM Bioanalytik a reasonable grace period for the replacement. The customer has the right to reduction of the price and to withdraw from the contract in case the defect cannot be rectified or if the rectification is unjustifiably rejected or delayed.
(8) Liability of LSM Bioanalytik towards your customers is excluded. This exclusion of liability does not apply to damages resulting from harm to life, body or health which are caused by negligent violation of the user’s duties or intentional or negligent violations of duties of his/her legal representatives or vicarious agents as well as to damages which are caused by grossly negligent violation of the user’s duties or intentional or grossly negligent violations of duties of his/her legal representatives or vicarious agents. VII. Severability clause If a single or more regulations of the contract concluded between us and the customer are or become invalid due to reasons not based on the law regulating terms of service, the validity of other regulations of the contract remains unchallenged. Invalid regulations are to be replaced with retrospective effect by regulations closest to the meaning originally desired by the parties when concluding the contract. The same applies to legal gaps in the contract. LSM Bioanalytik reserves the right to update these Terms of Service without prior notice. The version displayed on the website www.lsm-bioanalytik.de valid at the time of the order confirmation applies.
VIII. Place of jurisdiction and performance
(1) Place of performance is Madgeburg if not otherwise stated in the order confirmation.
(2) Place of jurisdiction for all legal disputes resulting from this contractual relationship is Magdeburg.
(3) The relationships between us and the customer are exclusively subject to the law of the Federal Republic of Germany.