Important note: This english version of the following section is for informational purposes only. The basis for any legal effect, obligation or liability is solely and exclusively the german original.
The diagnostic services of the Center for Ambulatory Oncology GmbH (“the center”) include the sequencing of DNA and RNA from human beings and the preparation of a medical report based thereon. Sequencing is performed using state-of-the-art technologies, both Sanger sequencing and high-throughput sequencing. The center undertakes the sequencing of individual sections of DNA, genes, exomes, transcriptomes, or even complete genomes, as well as the evaluation and interpretation of the results.
These general terms and conditions, which are an integral part of the contract, shall apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the center has expressly agreed to their validity in writing.
2. Conclusion of contract
The scope of services and deliveries shall be determined by the order placed and accepted by the center. The possible preceding offer or cost estimate of the center is subject to change; a contract shall only be concluded by the order confirmation or the delivery.
Please note that the revocation of an accepted order is excluded from return.
Unless another currency has been agreed, the prices shall be in euros. The prices valid on the day the order is placed shall apply. Costs for packaging and shipping shall be borne by the customer and shall also be shown separately in the invoice. For shipments abroad, customs duties as well as fees and other public charges will also be shown separately.
4. Terms of payment
Invoices are payable immediately upon receipt. Customer shall be in default no later than 30 days after the due date.
In the event of late payment or partial payment, the center reserves the right to charge interest on arrears at a rate of 8% above the prime rate to entrepreneurs and 5% to consumers.
5. Execution of orders
The center will make every effort to complete each order promptly. However, completion times are not binding unless the center has accepted them in writing as binding. The center shall be entitled to make partial deliveries. Each partial delivery may be invoiced separately.
Delays due to force majeure, operational disruptions, or other circumstances for which the center is not responsible shall release it from its obligation to perform for the duration of the disruption or its effects. Claims for damages by the customer are excluded in such a case.
If the report to be made by the center or the performance in kind to be rendered by it is handed over or delivered late, the customer of the center shall first set a reasonable grace period. Only after the fruitless expiry of this period may he withdraw from the contract insofar as the service/delivery incumbent upon the center has not yet been rendered for reasons for which it is responsible.
6. Warranty and liability
The center shall use its best efforts to provide the best possible services in the execution of the order in accordance with the state of the art in science and technology.
The center’s warranty is limited to the subject of the investigation order and the application of scientific care and compliance with the recognized rules of technology.
Obvious defects of the center’s service shall be reported by the client in writing within 2 months from the date of receipt of the report. The center shall remedy these defects within a reasonable grace period set by the customer or provide its service again. Any further claims for damages due to non-performance are excluded. However, in the event of failure to remedy the defect, the customer shall be entitled to a reduction in price or to withdraw from the contract. If a repeat inspection confirms the correctness of the inspection complained about by the customer, the costs of this inspection shall be borne by the customer.
Claims for defects are excluded if the customer has provided unsuitable samples.
Within the framework of a project of the client, the center shall be liable for the proper execution and completion of the studies it undertakes, but not for the achievement of the success or goal of the project sought by the client.
7. Liability for damages
The center shall not be liable for loss of profit, loss of savings or other damages suffered by the customer, unless caused by the center or its agents through intent or gross negligence.
For the purposes of this provision, confidential Information means any information disclosed to the center by the client that is either designated as confidential or whose confidential nature, such as that of personal data of clients’ patients, is evident. Confidential information shall be carefully protected by the center and used only within the scope of the contractual relationship. The center shall ensure that the confidential Information is made available only to those employees and other service providers who have been obligated to maintain confidentiality in order to fulfill the contract.
The center recommends that the customer separate diagnostic and/or treatment data from the direct patient data by means of anonymization or pseudonymization, so that no personal reference is recognizable or can be established for the center and third parties.
9 Place of performance and jurisdiction
Place of performance for all delivery obligations as well as payments is the business location of the center in Tübingen. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Tübingen for both parties. The law of the Federal Republic of Germany shall apply.
10. Final provisions
Subsidiary agreements, amendments and supplements to these general terms and conditions must be made in writing.
The invalidity of individual provisions of the general terms and conditions as well as the individual contracts shall not affect their validity in other respects. An invalid provision shall be replaced by a provision that best reflects the intentions of the contracting parties as expressed in the invalid provision.