Enclosure to the contract:
General Terms and Conditions
Area of application
The general terms and conditions on hand are to be applied for all current and future business relations. Client in terms of these business relations are natural persons with which business relations are -or will be- held up, that cannot be attributed with any commercial or self employed action.
§2 Conclusion of agreement
Our offers are subject to confirmation.
The conclusion of the agreement is made with the reservation that correct and on-time self-delivery by bj-diagnostik's suppliers is made. This exclusively applies for the case that the non-delivery does not occur within the responsibility of bj-diagnostik, in particular if a congruent covering operation is concluded with the respective supplier.
The client will be informed without undue delay about any eventual non-availability of the performance. Performance that has already been made by the client will be reimbursed. Indications concerning the delivery-time are not binding.
n case bj-diagnostik is not capable of analysing the samples or of communicating the test results due to an act of God, the date of notification will automatically be extended by the term of impact of the act of God, plus a reasonable initial period.
Unforeseeable circumstances that bj-diagnostik is not responsible for (e.g. measures taken by administrative bodies, analysis-units or other technical units are substantially destroyed, lack of energy, street blockades a.o. incidents) will also be considered to be "acts of God". In case these circumstances continue one month after the samples have been sent in by the client, bj-diagnostik as well as the client have the right to rescind the agreement. Then, the statutory provisions of rescission of the Federal Republic of Germany are to be applied.
If bj-diagnostik is responsible for exceeding a reasonable delivery time, bj-diagnostik will not be in default until the client has called on bj-diagnostik to perform -by granting a period of at least 14 days- and until this period has expired without any result. After expiry of the period the client is entitled to exercise the statutory right of rescission. Claims for damages asserted by the client are excluded if they arise from slight negligence caused bj-diagnostik.
Reservation of title, and destruction of the test set
The test set remains property of bj-diagnostik. The client is bound to handle the test set with care. Furthermore he is bound to inform bj-diagnostik without undue delay about any access to the test set that has been exercised by third parties (for instance in a case of a levy of attachment) or about any eventual damage to or destruction of the test set. Without undue delay the client is bound to indicate a change of possession of the test set or a change of the client's habitual residence.
In case the client acts contrary to the terms of the agreement, in particular in case of default in payment or in case of breach of the preceding obligation, bj-diagnostik is entitled to rescind from the contract and to immediately demand the return of the test set. If the test set is destroyed or if it has already been used the client is liable for compensation. The client is informed about the fact that the test set will be destroyed in the course of the DNA-analysis due to the process of the analysis itself and that a return of the test set to the client after the analysis has been carried out is not possible.
The respective amount of invoice that is due is binding for both parties. The final amount of invoice includes the statutory value added tax (VAT) and other components of the prices.
The client is bound to pay the respective amount of invoice to bj-diagnostik at latest the day the sample material is sent off.
The posting to an ancillary service will be considered the authoritative moment. In case the client does not comply herewith, he will be in default. As far as a default in payment is concerned, the statutory provisions are to be applied.
The client has a right of set-off only if his counter-claims have become res iudicata or if they are not contested by bj-diagnostik. The client may only exercise a right of retention if his counterclaim is based on the same contractual relation.
Place of performance, venue
The right of the Federal Republic of Germany will be applied exclusively. Venue and place of performance for all disputes arising from this agreement is Giessen an der Lahn, Hessen, Germany.
If no DNA can be isolated from the sample material that has been left at disposition, a paternity test can not be conducted. The client is informed about this fact separately.
Under consideration of both parties' economic interests bj-diagnostik and the client agree upon the following provision in case the sampling material can not be evaluated:
If a DNA-analysis can not be carried out due to faulty sampling material or due to other reasons that bj-diagnostik is responsible for, the test will be repeated once, free of charge and with new samples. For this purpose the client is bound to send in new samples, free of charge. He will then be provided with a new test set, free of charge.
As far as the sampling material is faulty due to reasons that the client is responsible for, (e.g. samples that are too old, not enough sampling material etc.) and if this makes it impossible to carry out a DNA-analysis, the client is free to send in new sampling material to bj-diagnostik. The test will be repeated one time, free of charge. For the purpose the repeated DNA-analysis the client has to send in new samples at his own costs.
For a further (third) DNA-analysis the amount of invoice will be charged a second time. The further (third) DNA-analysis will be conducted when the new amount of invoice is settled. In this case bj-diagnostik will submit a new detailed statement to the client.
If sampling material is faulty, the client is free to rescind from the contract. Although, if the client exercises his right to rescind and if he is responsible for the faults the sampling material bears, he has to settle accounts for those amounts that arise hereby. If bj-diagnostik is responsible for the fault, Bj-diagnostik will -within a period of two weeks and after receiving a written declaration of rescission- repay the client the amount of invoice that has already been paid in advance.
Limitation of liability
For slight negligence bj-diagnostik's liability is limited to the average damage that was -in accordance with the nature of the good- foreseeable, a typical one in relation to the contract and a direct one. The same applies to slight negligent non-compliance with duties caused by statutory representatives or persons employed by the debtor in the performance of his obligation. The client is no person employed by the debtor in the performance of his obligation.
The preceding limitations of liability do not concern client's claims arising from product liability.
Client's claims for damages due to a fault are time-barred to two years. The moment the client receives the test set is authoritative for the beginning of that term.
After the paternity analysis has been carried out the sent in samples are destroyed without undue delay. The DNA extracted from the cells will be destroyed three months after the notification of the result of the examination. Furthermore, the processing and the use of the data will take place within the scope of the provisions of the "Bundesdatenschutzgesetz" [Federal Data Protection Statute]; person related data will be stored temporarily, § 33 Bundesdatenschutzgesetz.
In case single provisions of these general terms and conditions are void, this will not affect the validity of the other provisions. Instead of the void provision, an other provision with the same or similar objective that bj-diagnostik would have stipulated if it had known about the invalidity, will replace the void one.
Oral collateral agreements are only valid if they are acknowledged in written form by bj-diagnostik. Any reproduction of the material and analysis result provided by bj-diagnostik is prohibited. The same applies to the lending and to the use for the purpose of public demonstration. Such ways of use are only possible if a prior written agreement is stipulated with bj-diagnostik.