General terms and conditions
LABCONSORT BV acts as a intermediary and/or distributor between suppliers of new or used laboratory equipment and professional customers. LABCONSORT BV itself can also act as supplier or purchaser.
These general terms and conditions govern the use of the Labconsort website and services by both supplier and customer.
For a good understanding, the following terms and definitions are used:
- Company: LABCONSORT BV (VAT BE 0767.410.253), established at: Eugène Demolderlaan 124/1, 1030 Schaarbeek, Belgium.
- KBO/ Enterprise number: 0767.410.253
-Website: www.labconsort.com, an Internet platform for the buying and selling or other commercialisation of new or used laboratory equipment and inventory.
- Provider: the customer who sells such laboratory equipment via the website
- Customer: the customer who purchases such laboratory equipment through the website and does so in his capacity as a trader.
These general terms and conditions apply to any use or visit of the website by a provider or customer.
By visiting or using the website, the users acknowledge that they have read these general terms and conditions and explicitly accept the rights and obligations stated therein.
In exceptional cases, the provisions of these general terms and conditions may be deviated from by means of a written agreement. Such deviations may consist of the amendment, addition or deletion of the provisions to which they relate, but shall not affect the application of the remaining provisions of the General Terms and Conditions.
LABCONSORT BV reserves the right to amend these General Terms and Conditions at any time and without prior notice.
LABCONSORT BV takes all reasonable and necessary measures to ensure the proper functioning, security and accessibility of the Website. However, LABCONSORT BV cannot offer any absolute guarantees and the undertakings made by LABCONSORT BV must therefore be regarded as a pure obligation of means.
The use of the website is always at the risk of the provider and/or customer. LABCONSORT BV is not liable for damage that may result from any malfunctions, interruptions, defects or even harmful elements on the website.
LABCONSORT BV reserves the right to restrict access to the website or interrupt its operation at any time without prior notice.
LABCONSORT BV freely determines the content of the Website and takes great care of the information contained therein. LABCONSORT BV takes all possible measures to keep the website as complete, accurate and up-to-date as possible, even when the information thereon is provided by third parties. However, LABCONSORT BV reserves the right to change, supplement or delete the website and its contents at any time, without this leading to any liability on the part of LABCONSORT BV.
Nor can LABCONSORT BV offer any guarantee regarding the quality of the information on the website. As a result, this information may not always be complete, accurate or current. LABCONSORT BV cannot be held liable for any damage, direct or indirect, that the provider and/or customer may suffer as a result of the information provided on the website.
If certain content of the website should be in violation of the law or the rights of third parties, or be contrary to good morals, LABCONSORT BV expects the provider and/or client to inform LABCONSORT BV of this in a timely manner by e-mail. LABCONSORT BV then undertakes to take the appropriate measures in good time.
Downloading content of any kind from the website is always at the risk of the provider and/or customer. LABCONSORT BV is not liable for any damage, direct or indirect, resulting from such downloads, such as loss of data or damage to the computer system, which are the sole and exclusive responsibility of the providers and/or client.
I. SERVICES RESERVERED FOR REGISTERED USERS
Access to certain services is restricted to users who have completed registration on the Website.
Registration and access to the services of the Website are reserved exclusively to natural or legal persons who are legally competent and who have duly completed the registration form, but only after acceptance of these General Terms and Conditions and approval of the application by LABCONSORT BV.
At the time of registration, the user undertakes to provide correct, complete and up-to-date information about himself. The user must also regularly check the information that applies to him/her to ensure that it is correct.
The user must provide a valid email address to which the website will send him confirmation of registration. An email address cannot be used more than once to register for the services.
Any communication from LABCONSORT BV and/or its partners shall be deemed to have been received and read by the user after having been sent to the e-mail address provided by the user upon registration.
Once accepted, the user will receive further instructions from LABCONSORT BV, which will allow him to access the space reserved for him, subject to entering his password. The user name and password can be changed online by the user. The password is personal and confidential. The user undertakes not to disclose it to any third party.
In any case, LABCONSORT BV reserves the right to refuse a request for registration in the event of non-compliance with these general terms and conditions by the user
The duly registered user may request to unsubscribe at any time. Any unsubscription will be handled by LABCONSORT BV as soon as possible.
When using the Website and in particular when posting content on it, the user undertakes to comply with all current and applicable legislation (including, but not limited to, legislation on privacy and copyright). The user shall pay particular attention to the interests of third parties, offensive content and content which may be contrary to public order or morality. The user remains responsible for the content he publishes on the website.
The provider assures that he is the rightful owner of the articles he offers for sale (or otherwise wishes to commercialise) on the website, as well as of the image material supplied, or that he, on behalf of the rightful owner, is entitled to offer these articles for sale (or otherwise to commercialise).
LABCONSORT BV may exercise moderation in any publication and refuse to publish the content online. LABCONSORT BV also has the option to change the content published by a provider.
The provider will be notified of the refusal or modification by e-mail at the e-mail address provided by him. After this notification, the provider has a period of 3 calendar days to object in writing to the refusal or modification that has been made. In the absence of any timely objection, the user shall be deemed to have accepted the refusal or modification made by LABCONSORT BV.
By publishing on the website, the provider grants LABCONSORT BV, free of charge and on a non-exclusive basis, the right to represent, reproduce, adapt, modify, delete, distribute and disseminate the published content, directly or indirectly, on any medium and throughout the world.
The website may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between LABCONSORT BV and the external websites or even that there is an implicit agreement with the content of such external website. LABCONSORT BV has no control over such external third-party websites and is therefore not liable for any damage that may result.
The structure of the website, as well as the contents, texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. of which the website is composed or which can be accessed through the website, are the property of LABCONSORT BV or LABCONSORT BV has obtained the necessary rights to them, and as such are protected by the current and applicable legislation on intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, brands and services offered by the platform, by any means whatsoever, without the prior, express and written consent of LABCONSORT BV is strictly prohibited, with the exception of elements expressly indicated as royalty-free on the website.
The user of the website is granted a limited right to access, use and display the website and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal non-commercial purposes. Unless otherwise agreed in writing in advance, the user is not authorised to modify, reproduce, translate, distribute, sell or communicate to the public the protected elements in whole or in part. The user is prohibited from entering any data on the website that would or could alter the content or appearance of the website.
II. GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale define the mutual rights and obligations in the event of a customer purchasing products on the website.
These general terms and conditions of sale express all obligations of the respective parties. The customer is deemed to accept them without reservation, failing which his order will not be accepted.
Exceptions to the provisions of the General Terms and Conditions of Sale may be made in exceptional cases, but only if such exceptions have been agreed in writing. Such exceptions may consist of changing, adding or deleting the provisions to which they refer and shall not affect the application of the other provisions of the General Terms and Conditions.
LABCONSORT BV reserves the right to amend the General Terms and Conditions from time to time. The changes will be applicable as soon as they are put online and will apply to any purchase after that date.
For the services of LABCONSORT BV for a pre-owned sale, a commission of 19.5% of the relevant item is charged. This amount is already included in the price of the product published on the website. LABCONSORT BV reserves the right to adjust the commission charged if the advertiser changes the advertisement.
As an intermediary in a sale, LABCONSORT BV is not the owner of the product in question at any time during the process. The seller is responsible for the delivery to the buyer of an article that meets the expectations raised in the advertisement and during the mediation process.
All prices are stated in euros and do not include delivery costs.
The supplier should make his remarks concerning any commission or other amounts due known to LABCONSORT BV within a period of 7 calendar days, which begins when the amounts in question are made payable by LABCONSORT BV.
If the bidder decides to withdraw a publication, the bidder grants LABCONSORT BV the right to purchase the item in question at the price requested by the bidder. If LABCONSORT BV wishes to avail itself of this option, it must write to the bidder to that effect within a period of 5 calendar days. If LABCONSORT BV does not avail itself of this first right of purchase within this period of five working days, the supplier is free to withdraw the offer of the item in its entirety.
If LABCONSORT BV decides to exercise its right of purchase while a product of the supplier is no longer available, without the latter having requested the withdrawal of the publication, the supplier shall owe LABCONSORT BV a lump-sum compensation of EUR 90,00 per product.
The products are described and presented with the greatest possible accuracy. However, LABCONSORT BV cannot be held liable for any errors or omissions in the presentation.
The presentation of the products offered has no contractual value whatsoever.
LABCONSORT BV is not liable for non-compliance or violation of legal obligations and regulations by the respective providers. At no time does LABCONSORT BV accept any liability for shortcomings on the part of the respective suppliers.
For providers that do not comply with the fee and payment conditions, all advertisements will be removed from the website without delay. In such a case, the provider shall owe EUR 90,00 per advertisement.
The provider accepts the usual legal liabilities resulting from the sale to the customer. The supplier is therefore liable to the customer, inter alia, but not exclusively, for non-conforming delivery and/or hidden defects.
The supplier is furthermore liable towards LABCONSORT BV and/or possible third parties for all damages caused by a violation of statutory provisions and for all damages which may occur due to a failure to comply with these General Terms and Conditions.
LABCONSORT BV is not liable for any damage to third parties and is not obliged to indemnify the provider against any claims by third parties. On the other hand, the Provider shall indemnify LABCONSORT BV for third party claims related to the products supplied by the Provider.
III. Right of withdrawal
In view of the professional nature of LABCONSORT BV, the provider and the customer, consumer law shall not generally apply.
Therefore, the parties cannot rely on the relevant provisions in their internal relationship, including but not limited to the statutory warranty obligations, the right of withdrawal or other consumer protection.
IV. Force Majeure
If a party is fully or partially prevented from executing the agreement due to an unforeseen circumstance beyond its control, this shall be regarded as force majeure.
In the event of force majeure, the party invoking it shall be entitled to suspend performance of the contract in whole or in part for the duration of the force majeure.
V. Independence of provisions
If one or more of these general terms and conditions are declared unlawful, the remaining provisions shall remain in full force and effect.
The unlawfulness or the partial or total invalidity of any provision of these general terms and conditions shall not affect the validity or the application of the other provisions.
VI. Reimbursement and compensation in case of transport damages
If there is any transport damage caused by a shipment organised by LABCONSORT BV, this must be reported in writing by e-mail to email@example.com or firstname.lastname@example.org or registered mail within 36 hours of receipt of the package. The delivery time when signing your receipt by the forwarder is leading as the start time for this. If this is not carried out within 36 hours LABCONSORT BV shall in no case be liable to pay any damages the customer suffers or might suffer.
VII. Applicable law and competent court
These general terms and conditions are governed by Belgian law. In the event of a dispute and in the absence of an amicable settlement, the dispute shall be submitted to the courts of the judicial district of LABCONSORT BV's registered office.
VII. Prices are in Euro's
Based on the purchase prices, wages, labour costs, social and government costs, transport costs, insurance premiums and other costs of LABCONSORT BV valid at the time of the Offer or (if no explicit Offer was made) on the order date;
based on delivery ex works (EXW - Incoterms), all in accordance with the latest version of the Incoterms, whereby in case of Goods delivered directly by Producer to the Other Party under the Agreement, "ex works" shall mean the moment when the Goods are separated from the stock and made ready for shipment by Producer for the benefit of the Other Party at the manufacturer's site;
exclusive of import duties and special taxes;
exclusive of VAT, levies (such as excise duties) and other similar duties;
exclusive of the costs of packaging, loading and unloading, disposal contribution, transport and insurance;
exclusive of the costs of assembly, installation, adjustment, calibration and commissioning;
excluding any other costs similar to any of the above.
Labconsort BV does not provide a warranty on used equipment, unless otherwise agreed. The warranty period is calculated from the delivery to the purchaser and only applies to the functioning of the purchased goods, specifically the components. The warranty period must be explicitly agreed upon in writing in advance.
Exclusions from this warranty include consumables (disposables), lamps, batteries, accumulators, liquids, filters, both internal and external vacuum pumps, and defects caused by misuse, minor visible damage, and/or signs of wear and tear.
Acid cabinets, flow cabinets, biological safety cabinets, powder extraction cabinets, and point extraction are delivered without a warranty on the filter. Labconsort BV recommends the purchaser to purchase a new filter in all cases.
Faults in the delivered goods which fall under the warranty will, solely at the discretion of Labconsort BV, either be repaired or replaced by new delivery. Labconsort BV reserves the right not to repair goods if the repair costs exceed 15% of the value of the good. In such a case, Labconsort BV will offer an alternative.
Should a malfunction occur within the warranty period in the delivered equipment, Labconsort BV will first attempt to resolve the complaint remotely. If this is not possible, the purchaser must send the goods carriage paid to Labconsort BV. The equipment must be cleaned to such an extent that there is no risk of contamination for Labconsort BV employees or third parties engaged by them, and must always be provided with a clean declaration issued by an authorized person (a sample of which is available from Labconsort BV).
Warranty repairs are principally carried out by Labconsort BV's technical service during normal working hours. Labconsort BV reserves the right to have warranty work performed outside its own company if, in the judgement of Labconsort BV, this is in the interest of the work or if performing such work within Labconsort BV is not possible or desirable.
If Labconsort BV needs to have warranty work performed outside its own company, it is entitled to charge the purchaser for any associated travel and accommodation costs, as well as any special costs of transport, packaging, and insurance, and the costs of the test equipment and materials to be used.
If it turns out that goods offered to Labconsort BV for repair or restoration do not show any defects, the purchaser is obliged to pay all costs incurred by Labconsort BV.
All warranty claims are voided if the purchaser makes changes and/or repairs to the delivered goods themselves or has them made, or if the delivered goods are not used or handled precisely according to the accompanying or applicable factory instructions or user manual or are used or handled in any other incompetent manner, or if a software adjustment has taken place in or with respect to the delivered goods that was not performed by Labconsort BV, or if the delivered goods are used or applied for other purposes than for which they are intended, or if the delivered goods are used in a way that Labconsort BV could not reasonably have expected.
It is strictly prohibited to remove system labels, maintenance labels, or guarantee markings affixed to our laboratory systems or instruments. Engaging in such actions may result in the following consequences: repair delays or warranty voidance.
Non-compliance by the purchaser with one or more of its obligations relieves Labconsort BV of its warranty obligations.
Fulfilling the warranty obligation is the only and full compensation.
Addendum specific for all new products purchased in the European Union online via www.labconsort.com
IX. Termination of Agreement
In the event that one of the parties is in default, this shall give the other party the power to dissolve the agreement in whole or in part.
Compensation of damage
In the event of dissolution by the client, LABCONSORT BV will not be obliged to pay any compensation to the client.
Immediate termination in specific cases
LABCONSORT BV may terminate the agreement with immediate effect and without any notice of default being required in the event that the other party is declared bankrupt, cedes its assets, is granted a (provisional or definitive) suspension of payments, or if all or part of the other party's assets are seized or if the other Party's business is wound up or terminated.
Cancellation at the request of the Client
Principal may request LABCONSORT BV to agree to the cancellation of an Agreement that has already been placed but has not yet been performed.
Agreement that has already been concluded but has not yet been executed. Cancellation of an Agreement cannot take place before Parties have reached a written agreement on the cancellation conditions, including the amount of the cancellation costs, and after all agreed cancellation conditions have been met in full in the opinion of LABCONSORT BV.
Moment of Cancellation
As long as the Parties have not reached agreement on the cancellation conditions or as long as the cancellation conditions have not been completely met in the opinion of the LABCONSORT BV, the Agreement will continue to exist and the Parties will continue to be obliged to fulfil their mutual obligations.
Height of cancellation costs
The amount of the cancellation costs will be determined by the LABCONSORT BV in each individual case. The following factors, among others, are important in determining the amount of the cancellation costs:
- The amount involved in the Agreement;
- The extent to which performance of the Agreement has already progressed;
- the type of Agreement (delivery of goods, development order, delivery of a work, service agreement, training, etc.);
- the costs already incurred by LABCONSORT BV up to the moment of cancellation; the obligations already entered into by LABCONSORT BV in connection with the performance of the Agreement;
- the actions which LABCONSORT BV must take in connection with the cancellation;
- the profit lost by LABCONSORT BV as a result of the cancellation.
Damage due to cancellation
In the event of cancellation of an Agreement, LABCONSORT BV will under no circumstances be obliged to compensate any damage which
Principal suffers or might suffer as a result of that cancellation.
X. Delivery and delivery time
For orders not exceeding an amount to be determined by LABCONSORT BV, LABCONSORT BV may charge a fee to be determined by LABCONSORT BV as a contribution to administrative and logistic costs.
Time of delivery
The time of delivery is, in the case of delivery within Belgium, the time at which the goods to be delivered are unloaded or discharged at the place agreed for that purpose. In the event of delivery outside Belgium, the moment of delivery is the moment at which the Contractor has complied with all obligations in accordance with the Incoterms provisions agreed by the Parties
Notification of transport damage, etc.
In the absence of which the goods will be deemed to have reached Principal in good order, complete and without damage.
Deliveries in parts
LABCONSORT BV is entitled to deliver the goods in parts and to invoice these parts separately.
Goods delivered by LABCONSORT BV or any part thereof may only be returned to the Customer, for whatever reason, after prior permission in writing and only in accordance with any dispatch instructions given by the LABCONSORT BV to the Customer.
Non-acceptance of goods
In the event that Principal does not accept a delivery offered by provider or has indicated not to accept it, provider is nevertheless entitled to charge principal for the goods concerned and Provider is furthermore entitled to store these goods at his own discretion and at the expense and risk of Principal as long as he deems appropriate, without prejudice to all other rights granted to him by law in connection with the non-performance by Principal.
The Customer is responsible, at its own expense, for obtaining the permits, concessions, licences and consents.
It is possible that the goods offered by provider, such as parts, semi-manufactured products or raw materials required for their production, hereinafter referred to as: 'Foreign Supplies', are directly or indirectly delivered from various continents and countries and/or are obtained from various Suppliers. LABCONSORT BV cannot rule out that, in exceptional cases, these foreign supplies may be difficult to obtain or may not be available at all for some time as a result of, for example, scarcity of raw materials on the world market, environmental disasters and significant fluctuations on the supply side. As a result, it is not always possible for LABCONSORT BV to predict, at the time the order is placed, exactly when delivery will be possible. However, in order to inform.
In order to inform the Client as accurately as possible, Provider uses the working method as described in the following paragraphs of this article.
No strict deadlines
Provider states the estimated delivery times in his Offer. After the Agreement has been concluded, Provider can verify these estimated delivery times and confirm them to Principal. The verified delivery times may deviate from the estimated delivery times in the Offer. Neither the estimated delivery times nor the verified delivery times are final deadlines.
Extending delivery times
As unexpected situations may arise during the purchase, production, assembly and transport of the ordered goods and of the materials, raw materials and semi-manufactured products incorporated therein, over which the LABCONSORT BV in all reasonableness has no influence, the LABCONSORT BV is entitled to extend the verified delivery times by a maximum of four weeks.
Termination after four extensions
In the event that the expected delivery time has been extended more than four times, the Client will have the right to terminate all or part of the agreement. When customer terminates the Agreement on the basis of this termination of the agreement pursuant to this provision, this will not result in any obligation on the part of either party to compensate the other party for damage suffered as a result of the termination.
XI. Applicable law and disputes
All offers made by LABCONSORT BV, all Agreements concluded by or on behalf of the LABCONSORT BV and all other legal relationships between the Parties shall be governed by Belgian law. The applicability of the Vienna Sales Convention 1980 is excluded.