The general terms and conditions of Biolytix AG (“BIOLYTIX”) are an integral part of the contract between the client and BIOLYTIX for the provision of analytical services. All BIOLYTIX services are provided exclusively in accordance with the valid price list or on the basis of a written offer and these GTC, unless the latter have been modified by written agreements. Deviating order or purchase conditions of the client, which are not expressly recognized in writing, are not binding; they are expressly contradicted.
All offers of BIOLYTIX are aimed at commercial, industrial as well as private clients. All prices are without VAT. The value added tax will be invoiced additionally to the client – as far as owed. Price changes and errors excepted. The conditions mentioned in the price list apply only to standard samples. BIOLYTIX reserves the right to charge additional costs for sample preparation and preparation.
The information requested by the client on the invoice (eg PO number, cost center, batch number) must be clearly communicated when the order is placed. A premature cancellation of an order must be notified in writing and requires the confirmation of BIOLYTIX. Working hours spent up to the time of order cancellation as well as other costs incurred (laboratory material, etc.) will be charged to the client.
Analysis duration and terms of payment
The analysis duration for standard examinations is 8 to 10 working days. For express analyzes, which take 1 to 5 working days (depending on the sample matrix and the analysis order), a price surcharge must be paid (see applicable price list). The analysis period begins with the receipt of the samples and clarification of all technical and commercial questions. The aforementioned periods are guidelines and are not binding. Force majeure, accidents, fire, personnel shortages or serious defects in the examination devices release BIOLYTIX temporarily or completely from the duty of execution.
Invoicing will take place after completion of the analysis, payable strictly net and within 30 days of invoicing. If additional laboratory work is required, the costs incurred by BIOLYTIX will be billed separately after consultation with the client.
Samples and safety risks
The responsibility for the sampling, delivery and condition of the samples is the sole responsibility of the client. Unless otherwise agreed or collected by the client, samples will be disposed of 15 days after invoicing. If explicitly agreed, they will be returned or stored for a fee. The customer is responsible for sample recovery samples.
If BIOLYTIX possesses special risks (eg explosive, carcinogenic, toxic), the client must communicate this in writing by means of identification of the sample containers as well as on the occasion of placing the order.
Quality standard, document and data archiving
Analytical tests within the scope of the accreditation of BIOLYTIX are carried out in accordance with the requirements of ISO 17025. Information on the measurement uncertainty is available on request. Tests outside the scope of ISO 17025 are carried out according to the current state of the art and are not validated. BIOLYTIX uses public or own methods, unless the client requests otherwise.
Confidentiality
BIOLYTIX undertakes to keep the information, analysis and procedures of the client’s business, which are neither generally accessible nor known, confidential. Unless otherwise agreed in writing, BIOLYTIX communicates the results exclusively to the client. Excluded from confidentiality are the disclosure of documents and information in the context of official inspections in legally regulated areas.
Intellectual property
Analytical methods developed in-house for an analytical service remain the intellectual property of BIOLYTIX, unless the analytical method has been developed exclusively at the request of the client. The client may not pass on immaterial rights, information and knowledge concerning the analysis procedures. This does not include forwarding to state authorities or use for registration purposes. In particular, the client is not entitled to apply the analysis procedures developed by BIOLYTIX himself or to commission third parties, unless the client has written permission from BIOLYTIX. Any sale of information and knowledge regarding the analysis procedures and the registration of property rights are prohibited to the client.
The client undertakes to keep all relevant information and knowledge secret, unless BIOLYTIX has agreed to a forwarding to individual recipients in writing. In the event of a violation, BIOLYTIX is in any case entitled to claim damages. The client is liable to BIOLYTIX for any infringement on the part of third parties involved as well as own and former employees. If the client wants to acquire the intellectual property in specific analysis procedures, the client and BIOLYTIX negotiate a possible sale.
Cooperation and access rights for audits
BIOLYTIX may, without informing the Principal, explicitly subcontract subcontracts to external professionals or laboratories within legally regulated areas or the scope of accreditation.
BIOLYTIX grants the client the right of access (“audit”) to the premises in which the analytical services are carried out. Archived documents and raw data of the relevant audit will be granted upon request.
Liability, applicable law and jurisdiction
Unless otherwise agreed, BIOLYTIX is solely liable for the diligent execution of the analytical service. Liability for slight negligence or financial loss is categorically excluded. If an order is placed in the name and at the expense of a third party, the Representative and the Representative shall be jointly and severally liable to BIOLYTIX for the performance of all such obligations.
On the contracts concluded with BIOLYTIX and the present GTC only Swiss law applies. The sole place of jurisdiction is Basel.
Version
This version of January 1, 2018 replaces all previous versions.