minskyString.hamburger.label.closed

Terms and conditions

Terms and conditions

1. SCOPE: Save as otherwise explicitly agreed in writing with LabID, all services by LabID are subject to these General Terms and Conditions only. General terms and conditions that are provided by the Customer cannot be regarded as agreed, whether explicitly or implicitly, by LabID. Deviations from these General Terms and Conditions require explicit prior written agreement from LabID. It shall be assumed, upon subscription by the Customer on the platform of LabID’, that these General Terms and Conditions have been approved irrevocably by the Customer and that it has had reasonable opportunity to take notice of these General Terms and Conditions.

 

2. PRICING:

Prices shown on the website cover the products and services listed with the price, including VAT.

Prices shown on invoices and quotes cover the products and services listed, and VAT will be shown separately on the document.

3. PAYMENT: Invoices are payable in EURO prior to kicking off any services, on the bank account indicated by LabID on the invoice. The invoice shall be deemed to have been irrevocably accepted if LabID does not receive a written complaint from the Customer within forty-eight (48) hours of the Customer receiving the invoice. In case of late payment, the open and due amounts shall by operation of law and without prior notice, be increased with (i) an interest equal to the higher of (a) the rate of interest applied by the European Central Bank for main refinancing operations plus 8%, subject to a minimum of 12% annually and (b) the interest rate which is applicable in accordance with the applicable law; and (ii) a lump sum compensation amounting to 10% of the open and due amount; and (iii) the cost of legal proceedings where applicable.

Moreover, in case of late payment, (i) LabID is entitled to terminate any pending services, (ii) any agreed payment term (if any) expires and all issued invoices become immediately payable and future services are subject to pre-payment. The aforementioned points (i) and (ii) also apply if the Customer enters into any kind of situation of concursus creditorum, makes any voluntary arrangement with its creditors, becomes subject to an administrative order, enters liquidation, ceases or threatens to cease to carry on business, a mortgagor forecloses on any of its assets, or a receiver is appointed for any of its property or assets or if for any other reason LabID has sound reasons to believe that the Customer may have credit issues.

 

4.  TRANSPORT:

The customer is responsible for the correct preparation of the sample, as detailed on the instruction sheet that comes with the kit, and as shown in the instruction video on LabID’s website.

 

Any damages to samples, taken place during or before transport, are considered outside LabID’s responsibility and scope. In case of damaged samples, LabID will take a picture of the condition in which the samples have arrived and share this with the customer over email. LabID S.r.l. reserves the right to exclude damaged samples from the laboratory process.

 

LabID S.r.l. is to ensure the relevant product and shipping documentation is available to the customer.

 

5.  ANALYTICAL RESULTS:  LabID shall provide the results of the sourdough analysis to the Customer through the customer zone on the LabID website. LabID is allowed to use and to transfer all results to its affiliated entities to use for further internal research and the improvement of LabID and/or its affiliates products or services. This use contains a.o. studyingsourdoughs from all over the world;mapping the biodiversity of sourdough around the world; linking that biodiversity to the origin, the raw materials used, the process used, the age of the sourdough; searching for those connections based on artificial intelligence (AI); product development from these contexts and designing AI sourdoughs of the future;  and reassembling specific consortia of tribes present in culture banks based on the insights gained from the analyses. LabID S.r.l. does not identify individual strains of DNA and is thus not bound by the NAGOYA protocol.  LabID S.r.l. reserves the right for itself and direct partners to contact LabID customers when interesting data or analytical results have been found in a sample, and is allowed to store any given sample for a maximum of three years.

 

6.  CANCELLATION:   Without prejudice to any other right of LabID under these General Terms and Conditions or applicable law, LabID is entitled to forthwith cancel all or part of any confirmed purchase order, without any court intervention, without any right of compensation for the Customer, subject to sending a registered letter in that respect to the Customer in any of the following cases :

  1. if the Customer seriously breaches any of its obligations towards LabID, such as, without being limited thereto, its obligation to timely pay its invoices;
  2. if LabID determines or has sound reasons to believe that the Customer may have credit issues, if the Customer enters into any kind of situation of concursus creditorum, makes any voluntary arrangement with its creditors or becomes subject to an administrative order, enters liquidation, ceases or threatens to cease to carry on business, a mortgagor forecloses on any of its assets, or a receiver is appointed for any of its property or assets;
  3. if the Customer notifies LabID that it shall not/cannot comply with its obligations towards LabID;
  4. in case of any other breach of any of its obligations and if the Customer does not remedy such breach within a reasonable period of 30 (thirty) days following a notice of default in that respect from LabID.

 

7. LIABILITY:   To the extent permitted by applicable law, LabID shall not have any liability of any kind for any punitive, special, indirect or consequential loss or damages under or as a result of the provision of services to the Customer and loss of profit, loss of revenue, loss of business opportunities, damages or harm to reputation, goodwill or interests shall always be excluded from LabID’s liability.

 

8. FORCE MAJEURE: Either Party shall be excused if it is prevented from the performance of its obligations under this Agreement due to an event of Force majeure. If such event of Force majeure exceeds six months, either Party shall have the option to immediately terminate this Agreement without any obligation to pay damages or compensation. Force majeure is an exceptional event or circumstance which (i) is beyond a Party's control, (ii) such Party could not reasonably have foreseen before entering into the Agreement, (iii) which, having arisen, such Party could not reasonably have avoided or overcome, and (iv) which is not attributable to the other Party.

 

9.  WAIVER :  No waiver shall be effective unless given in writing and signed by a duly authorized representative of the Party giving the waiver. Any waiver shall not preclude the further exercise of any such rights.

 

10. SEVERABILITY: If any provision of these General Terms and Conditions is held by any court or other competent authority to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, the legality, validity or enforceability of the remainder of these terms and conditions shall not be affected and the invalidated provision shall be replaced by a valid provision that reflects as much as legally possible the intention of the original invalidated provision.

 

11. ENFORCEABILITY:Whenever possible, the provisions of these General Terms and Conditions shall be interpreted so as to be valid and enforceable under applicable law. However, if one or more provisions is found to be invalid, illegal or unenforceable (in whole or in part), the remainder of the provision and of these General Terms and Conditions shall not be affected and shall continue in full force and effect as if the invalid, illegal or unenforceable provision(s) had never existed. Moreover, in this case, the Parties shall be deemed to have agreed an amended provision which embodies as closely as possible the purpose of the invalid, illegal or unenforceable provision(s).

 

12. ENTIRE AGREEMENT: These General Terms and Conditions constitute the entire understanding between LabID and the Customer related to the subject matter hereof. No other terms and conditions, whenever provided or disclosed to the Customer or LabID, shall apply.

 

13. APPLICABLE LAW – COMPETENT COURT:   These General Terms and Conditions shall be governed by Italian law. In the event of any dispute, the competent courts shall be the courts from the place where LabID has its registered office.