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Terms of Microsynth AG

§ 1 Scope of application
1) The General Terms and Conditions apply to all services covered by the contractual relationship, including any supplementary orders and consulting services.
2) Any general terms and conditions of the client to the contrary are hereby rejected.
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§ 2 Delivery time
1) The delivery period begins with the determination of the order content and the receipt of the samples. Subsequent supplementary orders shall extend the delivery time accordingly.
2) In the case of private orders, the analysis results are only sent after receipt of payment.
3) In cases of force majeure, the delivery time shall be extended in accordance with the severity of the obstacle occurring after conclusion of the contract. Microsynth AG shall notify the Customer of any hindrances that make it impossible to meet the delivery time.
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§ 3 Duty to inform
1) The Customer shall be obliged to provide Microsynth AG truthfully with all information necessary for the execution of the order.
 
§ 4 Sampling
1) Microsynth AG assumes the responsibility for the quality of the samples taken when taking samples at our premises.
2) In the case of external sampling, we will be happy to answer any questions you may have regarding instructions or sampling. Microsynth AG accepts no liability whatsoever for incorrect analyses resulting from improper sampling.
 
§ 5 Data Protection, Confidentiality
1) Microsynth AG undertakes, in accordance with the law, to maintain secrecy regarding all facts which become known to it in connection with its activities for the client and which do not violate or endanger the public interest, unless the client releases it from its duty of confidentiality.
2) Microsynth AG shall only pass on reports or expert opinions of analyses to third parties with the written consent of the client.
 
§ 6 Liability
1) Microsynth AG is liable for gross negligence of its employees up to a maximum amount of CHF 20,000.
2) The customer shall be liable to Microsynth AG for compensation for all damages resulting from incorrect or incomplete order placement or incorrect or incomplete data and sample transmission.
 
§ 7 Termination
1) Microsynth AG shall be entitled to terminate the contract with immediate effect for good cause.
2) If the Customer fails to comply with its obligations pursuant to § 3, Microsynth AG shall be entitled to terminate the Agreement. In this case, Microsynth AG shall be entitled to the full remuneration less any expenses saved by the termination of the Agreement.
3) If the Customer cancels the order, Microsynth AG shall be entitled to full remuneration less any expenses saved. The minimum cancellation fee for administrative expenses shall be CHF 150.
 
§ 8 Terms of payment
1) Unless otherwise agreed in writing, Microsynth AG's invoices shall be payable immediately upon receipt without deduction.
2) Subsequent changes, additions and additional copies of results shall be charged additionally.
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§ 9 Defective Results
1) If there is a dispute between Microsynth AG and the Customer as to whether there is a defect in Microsynth AG's performance, Microsynth AG shall have the right, in consultation with the Customer, to commission an independent laboratory with an additional expert opinion using comparable methods. If a defect in Microsynth AG's performance is determined on the basis of the additional expert opinion, Microsynth AG shall bear the procedural costs; in the reverse case, the customer shall bear the costs incurred.
2) If defects are attributable to incorrect information (cf. § 3) provided by the Customer, the Customer shall be invoiced separately for the elimination of such defects.
 
§ 10 Storage of samples or analysis data
1) Unless otherwise indicated by the client, in the case of private orders the samples shall be kept for five years.
2) The expert opinion shall be kept for 30 years in accordance with the Ordinance on Genetic Tests in Humans, Art. 16.
 
§ 11 Final provisions
1) Swiss law shall apply to all legal relationships between Microsynth AG and the customer, as well as to these General Terms and Conditions.
2) The place of jurisdiction for any disputes arising from this contract shall be Balgach. 3) Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected thereby.
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Balgach, 21 June 2018