General Terms and Conditions of Rental
General Terms and Conditions of Rental
General Terms and Conditions of Rental
General Terms and Conditions of Rental in Lab-Club
§ 1 Object of the Contract
(1) These General Terms and Conditions of Rental apply to all rental contracts concluded on the Lab-Club platform (hereinafter LC) between msscientific Chromatographie-Handel GmbH, Gneisenaustrasse 66/67,10961 Berlin, Germany (hereinafter: VENDOR) and you as our user (hereinafter USER).
(2) Within the framework of the offers of www.lab-club.de the USER has the possibility to rent certain items.
(3) This contract is subject to the General Terms and Conditions of Rental 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 Conclusion of Contract
Certain items can be rented. When renting an item the USER has the possibility of determining the quantity of rental items, the beginning of the rental period and the duration of the rental period. The rental period is chosen when booking the item, the availability is checked automatically. Clicking on the Rent now button will place the item in the shopping basket. The USER chooses the delivery address and shipment method. By completing the shopping process the USER makes an offer to the VENDOR to rent the chosen item. The USER receives an order confirmation with which the rental contract is concluded.
§ 3 Performance of Contract
(1) The VENDOR dispatches the rental item to the USER the weekday before the beginning of the rental period by the shipping method chosen by the USER.
(2) The USER returns the rental item to the VENDOR by the end of the rental period at his own cost and risk.
(3) For each additional day by which the rental period is exceeded, a flat-rate charge of two days rental is raised. The user shall have explicitly the burden of proof that there was no or a smaller damage for the VENDOR.
§ 4 Prices
All prices quoted are subject to VAT and shipping costs.
§ 5 Rental Item
The VENDOR reserves the right to substitute the rental item named in the order confirmation by another comparable item.
§ 6 Rights and Obligations of the USER
(1) The USER uses the rental item for his own purposes. The USER shall not make the rental item available to third parties. The USER is not entitled to conclude contracts in relation to the rental item with third parties. The USER undertakes to hold the rental item harmless of all third-party rights.
(2) The USER shall satisfy himself regarding the proper condition of the rental item at the time of delivery and shall inform the VENDOR immediately if the rental item is found to be defective. If the USER does not make us of his right of complaint, the rental item shall be deemed to be in proper condition.
(3) The USER shall use the rental item carefully and professionally and within the framework of instructions described in the operating manual. The USER shall observe the cleaning and maintenance recommendations shown in the operating manual. The USER shall not modify or alter the rental item in any way.
(4) The USER shall be liable to the VENDOR for such damages to the rental item that are due to improper use. In particular the USER is liable for damages to the rental item occurring due to improper handling or handling contrary to the terms of the rental contract.
(5) The USER undertakes to hold the VENDOR harmless from any compensation claims initiated by staff, visitors, guests, suppliers, delivery personnel or other third parties in connection with usage of the rental item and accessories, unless these claims ensue from intentional or grossly negligent conduct on the part of the VENDOR.
§ 7 Rights and Obligations of the VENDOR
The acceptance of return delivery of the rental item by the VENDOR does not necessarily mean that the rental item is free of damage. The VENDOR reserves the right to thoroughly check the rental item for damage.
§ 8 Right of Withdrawal
Our offer is directed exclusively at commercial users. There is therefore no right of withdrawal.
§ 9 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.
§ 10 Contract Language
Contract language is German. 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.
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§ 11 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 of Rental". It is recommended that the contract text is saved at conclusion of contract.
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§ 12 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.