General Terms and Conditions of Galantos Genetics GmbH

§ 1; Scope of application

The following General Terms and Conditions (hereinafter referred to as GTC) apply to all services, including any supplementary and additional services, which are related to the order placed overleaf. Deviating or additional agreements require the written approval of Galantos Genetics GmbH. Galantos Genetics hereby expressly rejects any counter-confirmations by the customer with deviating terms and conditions. Verbal collateral agreements are invalid. The legal provisions of the Genetic Diagnostics Act and the guidelines of the Genetic Diagnostics Commission apply to parentage testing.

§ 2; Scope and execution of the order

The subject of the order is the execution of the family test according to the “genetic fingerprint” method, irrespective of the test result. Subsequent changes to the order at the request of the client require a separate agreement and will be invoiced separately to the client. Galantos Genetics’ compliance with its performance obligations requires the timely and proper fulfillment of the client’s contractual obligations, in particular the correct and complete answering of the questions in the order form. The stated delivery times begin on the first working day after Galantos Genetics has received the sample shipment, signed contract and payment of the invoice amount. The delivery times shall be extended accordingly in the event of changes to the order, in cases of force majeure and other unforeseeable events for which Galantos Genetics GmbH is not responsible, such as strikes and lockouts, energy and other supply difficulties, official orders, equipment repairs, delayed deliveries from third parties, etc. Galantos Genetics GmbH shall inform the customer of such delays without delay. Galantos Genetics shall inform the client of such delays without delay. Such events and their consequences shall also entitle Galantos Genetics not to provide contractually agreed services, to the exclusion of any obligation to pay compensation. In such cases, Galantos Genetics shall immediately reimburse the client for any payments already made for the order. Delivery periods and deadlines are only binding if they have been confirmed in writing. Verbal agreements are non-binding. The analysis result is reported in writing. The transmission takes place in accordance with a written order. Verbal explanations and information provided by Galantos Genetics employees are non-binding. The analysis report refers exclusively to the DNA samples that Galantos Genetics received from the client and to the labeling of the samples carried out by the client. Galantos Genetics is not responsible for the correct labeling of the samples Objections to the content of an analysis/an expert opinion must be raised and specified in writing without delay, but at the latest within two weeks of receipt of the expert opinion. If no objections are raised within this period, the analysis report, any expert opinions and invoices shall be deemed approved and accepted. We reserve the right to subcontract to suppliers or other laboratories. If required, the subcontractors fulfill the legal requirements and ISO standards. The general data protection provisions apply to the execution of subcontracts.

§ 3; Sample collection and identity of the test subjects

Sampling, identification and the transmission of samples and documents are carried out in accordance with legal requirements. Galantos Genetics GmbH will not assume any costs. Galantos Genetics GmbH is not liable for the usability of the samples. Galantos Genetics GmbH reserves the right to recognize or reject the person or institution taking and documenting the samples. Galantos Genetics GmbH is not liable for loss of or damage to samples or documents during transportation.
The Client indemnifies the Contractor against any liability, all claims and recourse due to illegal acquisition or use of sample material.

§ 4; Prices, terms of payment, retention of title

The prices valid at the time the order is placed shall apply.
Unless expressly excluded, advance payment is agreed for genetic tests. Otherwise, invoices from Galantos Genetics shall be due and payable without deduction within 14 days of receipt.
Galantos Genetics shall retain title to all delivered analysis reports and/or goods until all payment claims against the client that have already arisen at the time of delivery have been settled in full.
The client is only entitled to offset and retain counterclaims if these are undisputed or have been legally established.
The client may only use the analysis reports and expert opinions prepared by Galantos Genetics within the scope of the order for its own purposes. The publication and reproduction of analysis reports, expert opinions and service features of Galantos Genetics for advertising and other business purposes, including their use in extracts, as well as their distribution on the Internet or social media require the prior written consent of Galantos Genetics. The same applies to the promotional use of the name of Galantos Genetics in public and/or vis-à-vis third parties in connection with the preparation of an expert opinion or certificates. If an order placed is revoked after 14 days, a flat rate of €30 will be charged. An additional €30 will be charged for incomplete documents or missing copies. If the client does not fulfill the legal requirements when sending the sample material, costs may be incurred for the expenses incurred. in the event of an effective revocation, the services already received must be returned. If this is not possible for the contractor, compensation must be paid. Shipping costs as well as costs for the collection set will be charged with an additional 30 € if the unused set cannot be returned; a refund in case of revocation after or during the analysis is no longer possible.

§5; Liability for defective performance and damages

Galantos Genetics shall provide its work and services in accordance with the generally recognized rules of technology at the time of commissioning and with the care customary in the industry. Galantos Genetics shall be liable in the event of a defect – if technically possible – by repeating the work or service free of charge.
The client shall only be entitled to a reduction in price or withdrawal from the contract if subsequent performance in accordance with § 5 fails or is impossible for other reasons.
A claim for subsequent performance must be asserted by the client in writing immediately after the defect is discovered, at the latest within 4 weeks of receipt of the expert opinion.
Galantos Genetics GmbH shall be liable in accordance with the provisions of the Product Liability Act in the event of intentional and grossly negligent fault on the part of its executive bodies and employees.
Galantos Genetics GmbH shall not be liable for the services to be rendered by the client within the scope of the test execution specified in § 3.

§ 6; Termination

Galantos Genetics GmbH is entitled to terminate the contract with immediate effect for good cause. Important reasons include incomplete or incorrect information about the DNA samples, non-payment or insufficient payment of the invoice amount and unlawful conduct on the part of the client.
If Galantos Genetics GmbH terminates the contract for important reasons for which the client is not responsible, the client shall be reimbursed for the services not yet rendered but already paid for under the contract.
Any transfer of rights and obligations of the client arising from the contract with Galantos Genetics to third parties shall require the written consent of Galantos Genetics.

§ 7; Data protection

All data is stored acc. GDPR is treated. Galantos Genetics GmbH has published information on this on its website with regard to the privacy policy. Galantos Genetics GmbH is not liable for the transmission of data by the client.

§ 8; place of performance, applicable law, place of jurisdiction:

The place of performance and jurisdiction for the performance of the contract is Mainz. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods

§ 9; Final provisions

The place of performance and jurisdiction for the services of the contract overleaf is Mainz. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should individual provisions of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties.

As of January 09, 2020

Sampling, identification and the transmission of samples and documents are carried out in accordance with legal requirements. Galantos Genetics GmbH will not assume any costs. Galantos Genetics GmbH is not liable for the usability of the samples. Galantos Genetics GmbH reserves the right to recognize or reject the person or institution taking and documenting the samples. Galantos Genetics GmbH is not liable for loss of or damage to samples or documents during transportation.
The Client indemnifies the Contractor against any liability, all claims and recourse due to illegal acquisition or use of sample material.

§ 4; Prices, terms of payment, retention of title
The prices valid at the time the order is placed shall apply.
Unless expressly excluded, advance payment is agreed for genetic tests. Otherwise, invoices from Galantos Genetics shall be due and payable without deduction within 14 days of receipt.
Galantos Genetics shall retain title to all delivered analysis reports and/or goods until all payment claims against the client that have already arisen at the time of delivery have been settled in full.
The client is only entitled to offset and retain counterclaims if these are undisputed or have been legally established.
The client may only use the analysis reports and expert opinions prepared by Galantos Genetics within the scope of the order for its own purposes. The publication and reproduction of analysis reports, expert opinions and service features of Galantos Genetics for advertising and other business purposes, including their use in extracts, as well as their distribution on the Internet or social media require the prior written consent of Galantos Genetics. The same applies to the promotional use of the name of Galantos Genetics in public and/or vis-à-vis third parties in connection with the preparation of an expert opinion or certificates. If an order placed is revoked after 14 days, a flat rate of €30 will be charged. An additional €30 will be charged for incomplete documents or missing copies. If the client does not fulfill the legal requirements when sending the sample material, costs may be incurred for the expenses incurred. in the event of an effective revocation, the services already received must be returned. If this is not possible for the contractor, compensation must be paid. Shipping costs and costs for the collection set will be charged at an additional €30 if the unused set cannot be returned; a refund in the event of revocation after or during the analysis is no longer possible.§5; Liability for defects in performance and damages
Galantos Genetics shall provide its work and services in accordance with the generally recognized rules of technology at the time of commissioning and with the care customary in the industry. Galantos Genetics shall be liable in the event of a defect – if technically possible – by repeating the work or service free of charge.
The client shall only be entitled to a reduction in price or to withdraw from the contract if subsequent performance in accordance with § 5 fails or is impossible for other reasons.
A claim for subsequent performance must be asserted in writing by the client immediately after the defect is discovered, at the latest within 4 weeks of receipt of the expert opinion.
Galantos Genetics GmbH shall be liable in accordance with the provisions of the Product Liability Act in the event of intentional and grossly negligent fault on the part of its executive bodies and employees.
Galantos Genetics GmbH shall not be liable for the services to be provided by the client within the scope of the test execution as specified in § 3.

§ 6; Termination
Galantos Genetics GmbH is entitled to terminate the contract with immediate effect for good cause. Important reasons include incomplete or incorrect information about the DNA samples, non-payment or insufficient payment of the invoice amount and unlawful conduct on the part of the client.
If Galantos Genetics GmbH terminates the contract for important reasons for which the client is not responsible, the client shall be reimbursed for the services not yet rendered but already paid for under the contract.
Any transfer of rights and obligations of the client arising from the contract with Galantos Genetics to third parties shall require the written consent of Galantos Genetics.

§ 7; Data protection
All data is stored acc. GDPR is treated. Galantos Genetics GmbH has published information on this on its website with regard to the privacy policy. Galantos Genetics GmbH is not liable for the transmission of data by the client.

§ 8; place of performance, applicable law, place of jurisdiction:
The place of performance and jurisdiction for the performance of the contract is Mainz. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods

§ 9; Final provisions
The place of performance and jurisdiction for the services of the contract overleaf is Mainz. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should individual provisions of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties. As of January 09, 2020