1 Scope of application
1.1 The business relations between the Institute for Applied Immunology IAI AG (hereinafter referred to as IAI AG) and the customer are exclusively governed by the following General Terms and Conditions.
1.2 IAI AG does not recognize any terms and conditions that conflict with or deviate from these General Terms and Conditions and hereby expressly objects to them. Other General Terms and Conditions are thus only effective if IAI AG has expressly confirmed and accepted them.
2 Conclusion of contract
2.1 The contract is concluded upon delivery of the sample material or the signed contract document to IAI AG.
2.2 Orders are only valid after verbal or written confirmation of delivery by IAI AG.
2.3 Delivery periods and dates - both for the delivery of the goods and for laboratory analyses - shall only be deemed binding if they have been assured in writing.
3 Prices and terms of payment; delivery periods
3.1 All prices are - unless otherwise indicated - net prices, excluding the value added tax applicable in Switzerland.
3.2 Invoices are to be paid within a period of 10 days (unless otherwise indicated) after receipt without deduction. In case of default of payment, the statutory provisions shall apply. In the event of payment in advance, IAI AG shall only perform the examination/service after the purchase price has been credited to IAI AG's account.
4 Sampling and Specimen Material
The client declares to indemnify IAI AG for any loss or damage and to hold IAI AG harmless from any claims for damages by third parties brought to IAI AG's attention based on the fact that the client provided samples that it did not obtain legally.
5 Examination and transmission of the analytical result
5.1 In the case of samples taken by a physician or otherwise publicly certified, IAI AG shall refer to the data stated therein.
5.2 Verbal information and declarations of results by vicarious agents of IAI AG are non-binding.
5.3 IAI AG begins with the commissioned analysis immediately after receipt of the sample material or, in the case of payment in advance, after receipt of payment and sample by IAI AG. The result, which may be presented in simplified form, shall be made available to the client in electronic form on an Internet page accessible exclusively to the client. In addition, the client may request the test result from IAI AG in writing or by fax.
5.4 Submitted sample material becomes the property of IAI AG. IAI AG destroys the submitted sample material immediately after completion of the analysis or an order.
6 Warranty; Liability
6.1 The proper taking of samples is the exclusive responsibility of the client and is to be carried out in accordance with the respective legal and contractual provisions at the client's expense. IAI AG shall not be liable for the usability of the samples submitted or the result thereof.
6.2 The physician taking the samples or expert witnesses are vicarious agents of the client or the test persons. IAI AG reserves the right to recognize or reject them.
6.3 The risk of damage to or loss of the sample in transit from the client to IAI AG is borne by the client.
6.4 IAI AG guarantees careful execution of the analysis assigned to it in accordance with the respective state of the art in science and technology. Due to the complexity of the analyses, the correctness of the result cannot be guaranteed in every case.
6.5 If the analysis is defective for reasons for which IAI AG is responsible, IAI AG is entitled to carry out a further test at its own expense. In order to carry out this test, the client shall - if necessary - provide further sample material.
6.6 If IAI AG was unable to carry out the further analysis for reasons for which it is responsible or if, in the event of default, the client has unsuccessfully set IAI AG a reasonable period of grace to rectify the analysis, the client may reduce the price or withdraw from the contract.
6.7 Insofar as changes to the agreed service or the agreed manner of performing the analysis are required due to official or court orders and decrees, statutory provisions, claims for performance and damages on the part of the client arising from this are excluded.
6.8 The contract exists exclusively between the Institute for Applied Immunology - IAI AG and the client. The contract shall not have any protective effect in favor of third parties unless this is expressly agreed between the Institute for Applied Immunology - IAI AG and the client.
6.9 IAI AG's liability for damages suffered by the client shall be limited to intent and gross negligence on the part of IAI AG or its representatives or vicarious agents. This does not apply to damages due to injury to life, limb or health.
7 Privacy Policy
All personal data will be treated confidentially. The personal data will be stored in compliance with the Federal Data Protection Act and the Telemedia Act in the context of the business relationship.
8 Protection of intellectual property
The reports, calculations and opinions prepared by IAI AG within the terms of the contract may only be used by the client for its own purposes and may only be published with the written consent of IAI AG.
9 Applicable law; place of performance; place of jurisdiction
Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance for all obligations to be fulfilled under the contractual relationship is Zuchwil. The place of jurisdiction for all disputes is - as far as permitted - Solothurn.
10 Partial invalidity
Should any provision of these general terms and conditions be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The parties shall find a provision that comes as close as possible to the invalid or unenforceable provision in economic terms.