General Terms and Conditions for Instrument Service Ads

General Terms and Condiitions for Submission of Instrument Service Ads to Lab-Club

§ 1 Object of the Contract

(1) These Terms and Conditions apply to the submission of Instrument Service advertisements by you (hereinafter: USER) to the Lab-Club platform (hereinafter: LC), an offer of msscientific Chromatographie-Handel GmbH, Gneisenaustrasse 66/67, 10961 Berlin, Germany (hereinafter: VENDOR).

(2) The USER has the possibility of publishing Instrument Service advertisements on LC. The publication of Instrument Service advertisements is subject to these terms and conditions.

(3) This contract is subject to the General Terms and Conditions for Instrument Service Ads version prevailing at the time of conclusion.

(4) We do not recognise USERs contravening or deviating conditions. This applies also if we do not expressly reject them.

§ 2 Prices

(1) The currently valid prices are displayed when booking the Instrument Service advertisement. The price of publication of an Instrument Service advertisement is determined by the period of publication. The USER determines the period of publication when submitting the advertisement.

(2) All prices quoted are subject to VAT.

§ 3 Rules of Conduct, External / Third-Party Content

(1) The USER may submit his own content in the Instrument Service Ads section of LC. The USER is aware that the VENDOR has the domiciliary rights within the framework of the offer of LC and that these will be excercised in the case of violations against the general law or against provisions of these terms and conditions.

(2) The USER undertakes to use the offer from LC in the manner intended by the VENDOR. In particular, the USER shall not distribute viruses, trojans or other malicious software (malware) that could impair the VENDORs or other USERs software or hardware. The manipulation of sender information or address data of messages is prohibited.

(3) The USER is expressly prohibited from submitting content that violates statutory regulations, official directives or infringes public order or common decency. In particular, the USER is expressly prohibited from submitting content that violates the rights, in particular copyright, trademark or patent rights, of third parties.

(4) The VENDOR does not adopt USERs content as its own.

(5) The USER indemnifies the VENDOR from all claims that third parties may make aginst the VENDOR due to injury of their rights or due to violations of rights based on content submitted by the USER. The USER shall bear all costs of legal defence for the VENDOR arising from content submitted by the USER, for example court fees and lawyers fees, .

§ 4 Concession of Legal Rights of Use from USER to VENDOR

For the purpose of fulfilling the obligations of this contract the USER concedes to the VENDOR, without cost or limitation of time or space, the rights of use on the submitted content (text, images etc.) for the purpose of publication and dissemination leading to its accessibliity to third parties.

§ 5 Right of Withdrawal

Our offer is directed exclusively at commercial users. There is therefore no right of withdrawal.

§ 6 Liability

The VENDOR shall be liable to the USER in the event of intent and gross negligence. Furthermore the VENDOR shall be liable for grossly negligent breach of obligations whose performance enables the proper completion of a contract in the first place and on whose compliance the USER can regularly rely. In the last-mentioned case the VENDOR shall be liable only for forseeable damage of a contractually typical  kind. The VENDOR shall not be liable for damages caused by a slightly negligent breach of obligations other than the ones stated in the preceding sentences. The preceding exclusions of liability shall not apply in cases of injury to life, body or health. Liability according to the law relating to product liability shall remain unaffected

§ 7  Contract Language

This contract text was originally written in German. The VENDOR provides this english translation for informational purposes. In the event of discrepancies between the German version and the translation, the German version shall take precedence.

§ 8 Contract Text

This contract text is stored by the VENDOR and is available in the current version on the website www.lab-club.de under the menu item „General Terms and Conditions for Instrument Service Ads". It is recommended that the contract text is saved at conclusion of contract.

§ 9 Final Clauses

(1) If you are a business person the place of performance and the place of jurisdiction for any claims arising from this contract is Berlin.

(2) The law of the Federal Republic of Germany shall apply.