Terms and Conditions (T&C)

1 Scope

1.1 The business relationship between ParoX GmbH (hereinafter referred to as ParoX) or the Institute for Applied Immunology IAI AG (hereinafter referred to as IAI AG) and the customer is governed exclusively by the following General Terms and Conditions.

1.2 ParoX or IAI AG does not recognize any terms and conditions that conflict with or deviate from these General Terms and Conditions and hereby expressly objects to them. Other General Terms and Conditions shall only be effective if ParoX or IAI AG has expressly confirmed and accepted them.

2 Conclusion of Contract

2.1 The contract is concluded upon receipt of the sample material or the signed contract document by ParoX or IAI AG.

2.2 Orders are only binding after oral or written delivery confirmation by ParoX or IAI AG.

2.3 Delivery periods and deadlines — both for the delivery of goods and for laboratory analyses — are only binding if they have been confirmed in writing.

3 Prices and Payment Terms; Delivery Periods

3.1 All prices are net prices unless otherwise stated, excluding the applicable VAT in Germany or Switzerland.

3.2 Invoices are due and payable within 10 days (unless otherwise specified) after receipt without any deduction. In case of late payment, statutory provisions apply. In case of prepayment, ParoX or IAI AG will only perform the analysis/service after the purchase price has been credited to their account.

4 Sampling and Sample Material

The client declares to indemnify ParoX or IAI AG for all losses or damages and to release them from all third-party claims for damages arising from the client providing samples that were not obtained legally.

5 Analysis and Transmission of Results

5.1 In the case of samples taken by a medical professional or otherwise officially certified, ParoX or IAI AG relies on the data provided.

5.2 Oral information and explanations of results given by agents of ParoX or IAI AG are non-binding.

5.3 ParoX or IAI AG will start the commissioned analysis immediately upon receipt of the sample material or, in case of prepayment, after payment and sample receipt. The possibly simplified result will be made available to the client electronically on a website accessible exclusively to them. Additionally, the client may request the analysis result from ParoX or IAI AG in writing or by fax.

5.4 Submitted sample material becomes the property of ParoX or IAI AG. ParoX or IAI AG destroys the submitted sample material immediately after completion of the analysis or the order.

6 Warranty; Liability

6.1 Proper sampling is the sole responsibility of the client and must be carried out at their expense in accordance with applicable legal and contractual provisions. ParoX or IAI AG is not liable for the usability of the submitted samples or the resulting outcome.

6.2 The sampling physician or knowledgeable witness are agents of the client or the test persons. ParoX or IAI AG reserves the right to accept or reject them.

6.3 The risk of damage or loss of the sample during transport from the client to ParoX or IAI AG is borne by the client.

6.4 ParoX or IAI AG guarantees careful and scientifically and technically appropriate execution of the assigned analysis. Due to the complex nature of the investigations, the accuracy of the result cannot be guaranteed in every case.

6.5 If the analysis is defective for reasons attributable to ParoX or IAI AG, ParoX or IAI AG is entitled to carry out a further test at its own expense. The client shall provide additional sample material for this test if necessary.

6.6 If ParoX or IAI AG is unable to carry out the further analysis for reasons attributable to them or if the client has set a reasonable grace period for correction of the analysis unsuccessfully in case of delay, the client may reduce the payment or withdraw from the contract.

6.7 To the extent that changes to the agreed service or the agreed manner of performing the analysis are caused by official or judicial orders, legal provisions, or guidelines, the client’s claims for performance and damages are excluded.

6.8 The contract exists exclusively between the Institute for Applied Immunology - ParoX or IAI AG and the client. The contract does not confer any rights to third parties unless expressly agreed between the Institute for Applied Immunology - ParoX or IAI AG and the client.

6.9 ParoX’s or IAI AG’s liability for damages to the client is limited to intent and gross negligence by ParoX, IAI AG, their representatives or agents. This does not apply to damages resulting from injury to life, body, or health.

7 Data Protection Declaration

All personal data is treated confidentially. Personal data is stored in compliance with the Federal Data Protection Act and the Telemedia Act within the scope of the business relationship.

8 Protection of Intellectual Property

Reports, calculations, and statements prepared by ParoX or IAI AG under the contract may only be used by the client for their own purposes and may only be published with the written consent of ParoX or IAI AG.

9 Applicable Law; Place of Performance; Jurisdiction

Swiss law applies excluding the UN Sales Convention. Place of performance for all obligations arising from the contractual relationship is Zuchwil. The place of jurisdiction for all disputes is – insofar as permitted – Solothurn.

10 Partial Invalidity

If any provision of these General Terms and Conditions is or becomes invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The parties will agree on a provision that comes as close as possible to the economic intent of the invalid or unenforceable provision.