Terms and conditions of CeGaT GmbH

1. General

The services and products of CeGaT include the sequencing of DNA and RNA of humans, animals, plants and microorganisms. The sequencing results from the latest technologies, both Sanger sequencing and high-throughput sequencing. CeGaT carries out the sequencing of individual sections of DNA, genes, exomes, transcriptomes or even complete genomes plus the analysis and interpretation of results.

Solely these terms and conditions apply, which are an integral part of the contract. Deviating terms and conditions of the customer are not part of the contract unless CeGaT has expressly agreed in writing.

2. Contract

Relevant to the scope of trade receivables is always the order issued and accepted by CeGaT. Any prior offer by CeGaT is subject to change, a contract is concluded by the confirmation of order or delivery.

3. Prices

The prices are, unless another currency is agreed to, in Euros from Tübingen laboratory. The price applies which is valid on the date of order. VAT is not included, it is stated separately in the statutory rate on the date of invoicing. Fees for shipping and handling will be charged to the Customer and are also shown separately in the invoice. For shipments abroad costs for customs as well as additional fees and other public charges will be reported separately.

4. Terms of payment

Invoices are payable immediately upon receipt net. The customer will be in delay of payment 30 days after date for payment. In case of default of payment or partial payments CeGaT reserves the right to charge an interest rate of 8% above the base rate for companies and 5% for consumers.

5. Execution of orders

CeGaT will strive for the timely completion of each contract. Execution times are not binding unless CeGaT has agreed to certain delivery times in writing. CeGaT is entitled to partial deliveries. Each partial delivery may be calculated separately. Delays caused by force majeure, interruption of operations or other circumstances beyond the influence of CeGaT exempts them for the duration of the disorder or the effects of the disorder from the obligation to perform. In this case, the customer’s claims for damages will be excluded.

Will the report or services by CeGaT be provided behind schedule , the customer is required to allow CeGaT a reasonable grace period. Only after inconclusive expiration of the grace period the customer may rescind from the contract, if CeGaT has not yet rendered services / delivery for reasons beyond their control.

6. Warranty and liability

CeGaT will use its best efforts to provide the best possible performance in the execution of the contract by using state-of-the-art science and technology.

The warranty of CeGaT is limited to the subject matter of the contract and the application of scientific investigational care and compliance with recognized codes of practice.

If there are obvious faults in the service of CeGaT the customer shall give notice in writing within two months of receipt of the report. CeGaT will fix these faults within a reasonable grace period set by the customer or provide their services yet again. In addition, claims for damages for non-performance are excluded. However, in the case of failure of the amendment the customer is entitled to reduce or rescind the contract. If in case of a repeat study the accuracy of the investigation in question is confirmed, the costs of this investigation are at the expense of the customer.

Claims for defects are excluded, unless the customer has provided inadequate samples.

As part of a customer project CeGaT is responsible for the implementation and execution of its contractual studies, but not for the achievement of the desired success by the customer or ambition of the project.

7. Liability for damages

CeGaT is not liable for lost profits, lost savings or other damages of the customer, unless they were caused by CeGaT or its agents by intent or gross negligence.

8. Confidentiality

All information communicated to CeGaT by the customer and which are referred to as either confidential or whose confidential nature as is evident from the personal data of patients of customers is confidential information pursuant to this provision. Confidential information is carefully protected by CeGaT and used only in the context of the contractual relationship. CeGaT ensures that confidential information will be made available only to those employees and other service providers that are committed to confidentiality to fulfill the contract.

CeGaT recommends the client to make findings and / or treatment data anonymous or pseudonymize them in order to separate them from the immediate patient data so that no reference to individuals is apparent or can be made by CeGaT or third parties.

9. Place of execution and jurisdiction

Place of execution for all deliveries and payments shall be the registered office of CeGaT in Tübingen. Court of jurisdiction for all disputes arising directly or indirectly shall be Tübingen. The laws of the Federal Republic of Germany shall apply.

10. Final provisions

Subsidiary agreements, amendments and additions to these General Terms and Conditions must be in writing.
The invalidity of individual provisions of the Terms of Service and the individual contracts does not influence their effectiveness. An invalid provision shall be replaced by a provision analogous to that of the ineffective provision which is most suitable to the will of both parties.