General Terms and Conditions

1. Application of general terms and conditions (T&C)

Unless expressly agreed otherwise, the T&C of Labsupport apply. Reference to the use of the Labsupport T&C, and to where they can be found, was given when the quotation was submitted.

Our contractual partner agrees that, where it has its own T&C, our terms shall be deemed agreed in case of doubt, even if the terms of the contractual partner have not been expressly objected to.

If we perform acts that fulfil the T&C of our contractual partners, this shall not be construed as automatic acceptance of contractual terms deviating from our T&C. Should any ambiguities nevertheless remain in the interpretation of the contract, they shall be resolved in such a way that the content customarily agreed in comparable cases shall be deemed agreed.

Our T&C are designed for contracts between two businesses. In the case of transactions with private individuals, the respective statutory provisions naturally apply.

All agreements, subsequent amendments, supplements, side agreements etc. require written form to be valid, and therefore an original signature or a secure electronic signature.

2. Data protection & confidentiality

We process customer-related data in accordance with our data protection policy. The current version of this data protection policy can be found on our website www.labsupport.at.

We undertake to treat as confidential all information that we gain sight of at the customer’s premises in the course of the services to be performed (e.g. sample names, fields of research, etc.).

If confidentiality beyond the usual extent is a separate issue for the performance of the contract, a separate confidentiality agreement must be signed. We can provide one for signature by both parties.

3. Quotation

The quotation is binding for 30 days from the date of issue. Written acceptance of the quotation by the customer establishes a contract binding on both parties.

Quotations for repairs and installation work are prepared to the best of our professional knowledge. However, no guarantee can be given as to their accuracy. Should cost increases of more than 15 % arise after the order has been placed, the customer will be notified immediately. This provision does not apply to prices for instrument sales.

Unless a fixed price has been agreed in advance (declared separately in the quotation), both the working time spent and the material used are charged according to actual expenditure.

4. Invoicing and terms of payment

We are expressly entitled to issue partial invoices where the service is performed in parts.

Unless otherwise agreed in writing, invoices are payable within 45 days of the invoice date.

Complaints about invoices must be made in writing within 14 days of receipt of the invoice.

In the event of default in payment, the customer undertakes to bear the costs of necessary and appropriate legal action (reminder, collection and legal fees, etc.).

If the customer is in default of payment under another contractual obligation, we are entitled to refuse performance of our obligations under this contract until full payment has been made for the services rendered under the other contractual obligations.

Even if the customer is not at fault for the default in payment, we are entitled to charge default interest of 10 % per annum above the base rate; this does not affect claims for compensation of proven higher interest.

If our contractual partner is in default of acceptance, we are entitled to store the goods on our premises and may charge a storage fee of €20 per calendar day or part thereof. We reserve the right to claim further storage fees.

5. Retention of title

The goods remain our property until the purchase price and all costs and expenses associated with service and installation have been paid in full. Resale is only permitted if we have been informed and have consented in writing.

In the event of default, we are entitled to assert our rights under the retention of title and to collect the goods sold or their components.

In the event that we assert the retention of title, the customer already now undertakes to pay the costs of asserting and enforcing the retention of title, in particular the dismantling of the goods and the transport costs, within 14 days of the claim being asserted.

6. Place of performance

The place of performance for both our service and the consideration is the recipient’s address stated in the quotation, unless otherwise agreed in writing.

7. Delivery dates / delay in performance

Since in the service sector delays that are difficult to define may occur due to a variety of influences (delayed delivery of spare parts, illness of relevant trained staff, etc.), claims for damages due to delays are excluded, unless otherwise stipulated in writing and expressly agreed by Labsupport.

8. Acceptance

If the goods are installed by the manufacturer or by Labsupport, acceptance is deemed complete upon successful completion of all installation and test procedures.

In this case, the date of the customer’s signature on the service report is the start date of the warranty or guarantee.

If the goods are installed by the manufacturer or by Labsupport, the installation service report signed by the customer serves as confirmation of acceptance, provided that no defects (failed tests or the like) are listed in it.

If the performance of the acceptance tests is delayed through the customer’s fault, or if the customer refuses the acceptance tests, the 31st day after delivery of the order is deemed the date of acceptance.

If the acceptance test is carried out by the customer, the date of delivery to the customer is the start date of the warranty or guarantee.

9. Cancellation

If the customer cancels after delivery of the order has begun, a cancellation fee of 15 % of the total order value will be charged. We reserve the right to claim further damages.

If the cancellation takes place after the order has been delivered to the customer, the customer shall additionally bear the costs of return shipment.

Cancellation is only possible within 60 days of delivery of the order to the customer. Furthermore, in this case cancellation is only possible if the product is undamaged and unused. Any deviation from this provision requires written confirmation from the responsible salesperson or the management of Labsupport.

10. Complaints, warranty, damages and notice of defects

If defects occur, we are free to choose between replacement, repair or price reduction, provided there is no claim to rescission (right to cancel the contract) and we exercise this right.

Unless Labsupport is responsible for intent or gross negligence, claims for damages relating to property damage and financial loss arising as consequential damage are excluded.

The recipient must always prove that the defect already existed at the time of handover.

The warranty period for movable goods is 12 months from delivery of the goods to the customer, or 6 months for consumables and customer services (seals, repairs and the like).

11. Product liability

We do not accept any exclusion of recourse claims on our part pursuant to Section 12 of the Austrian Product Liability Act (PHG).

Any recourse claims asserted against us by contractual partners or third parties under the title of “product liability” within the meaning of the PHG are excluded, unless the party entitled to recourse proves that the defect was caused within our sphere and was at least grossly negligent.

Labsupport is not liable for loss of profit, downtime or data loss, unless caused by intent or gross negligence.

12. Severability clause, choice of law and place of jurisdiction

The court with subject-matter and local jurisdiction for the location of our company is agreed as the place of jurisdiction, with Austrian law applying without exception.

The severability clause applies: should individual parts of these T&C be invalid, the validity of the remaining parts shall not be affected.

13. Miscellaneous

The customer may only use the ordered products in accordance with the specifications, operating instructions and labels supplied with the product or sent to the customer. Otherwise, warranty and liability claims against Labsupport shall lapse.

The customer is responsible for using the products in accordance with the applicable laws and regulations.

At the customer’s request, a take-back service for old equipment complying with the legal requirements is offered. We bear the costs of disposal. The customer bears the costs of return shipment.

The products sold by us are not intended for the operation, monitoring, design or maintenance of nuclear facilities. Labsupport is not liable for damage resulting from such use.

We comply with statutory standards. The application of any further standards must be stipulated in writing.

No liability can be accepted for the accuracy of measuring equipment provided by the customer (= measuring equipment whose calibration is not the responsibility of Labsupport itself).

We can only perform our services once suitable technical conditions are in place on the customer’s side. These may need to be clarified on a case-by-case basis.

Labsupport bears the costs and risk of transport. The risk of loss or damage passes to the customer only upon acceptance.

Version: 3 November 2022