Standard Terms and Conditions
Unless otherwise stated in a formal contract, services provided by ID-Gene ecodiagnostics™ Sàrl are expressly limited to the terms and conditions stated herein.1 QUALITY ASSURANCE
All analyses, unless otherwise stated, shall be carried out within the framework of the legal provisions in force, in accordance with methods corresponding to the current level of scientific knowledge and available technology.
The results refer only to the samples submitted.
The analytical methods are clearly described in the report.
Insofar as no other provision has been agreed, the Client assumes full responsibility for the representativeness of samples, their collection and the risks inherent to packaging, preservation, storing and shipping to ID-Gene ecodiagnostics™ Sàrl laboratory.
2 SAMPLE PROTOCOLS, PROCEDURES AND EQUIPMENT
IN ORDER TO PERFORM ANALYSES OF ENVIRONMENTAL DNA, ONLY STERILE EQUIPMENT MUST BE USED TO COLLECT SAMPLES.
ID-Gene ecodiagnostics™ Sàrl will provide Client with protocols and procedures for sample collection. It is up to Client to ensure the strict implementation of protocols and procedures in order to avoid contamination of samples.
Upon request ID-Gene ecodiagnostics™ Sàrl may provide Client with sampling equipment including appropriate containers and buffers.
Upon request from Client and if agreed ID-Gene ecodiagnostics™ Sàrl staff will take care of sampling.
2.1 DELIVERY OF SAMPLES
The samples and the information necessary for their identification and carrying out of the molecular analyses shall be transmitted to ID-Gene ecodiagnostics™ Sàrl by the fastest possible way.
All samples will be controlled upon arrival by ID-Gene ecodiagnostics™ Sàrl staff to ascertain if the content is in accordance with the information provided in the contract. Any abnormalities observed may result in modification or even rejection of a request for analysis.
2.2 ACCEPTANCE OF SAMPLES
If ID-Gene ecodiagnostics™ Sàrl determines that some samples may not yield valid data for any reason (including but not limited to sample preservation, improper sample handling, or samples damaged) these samples will not be processed and ID-Gene ecodiagnostics™ Sàrl will notify Client of such decision.
In particular, samples will be refused if the containers arrive to the laboratory in a poor state, as there may be a strong presumption of contamination.
ID-Gene ecodiagnostics™ Sàrl is not responsible for samples that are rejected. Such samples will be disposed of.
2.3 RETENTION OF SAMPLES
Unless otherwise specified environmental DNA extractions, tissue and organisms samples will be stored for one year. The unused water and sediment samples will be disposed of after completion of the analyses.
2.4 PROPERTY OF SAMPLES
All samples, reports, notes, data and other work product furnished by the Client to ID-Gene ecodiagnostics™ Sàrl, and all reports prepared by ID-Gene ecodiagnostics™ Sàrl under theses Terms and Conditions shall be and remain the property of the Client.
The Client yields its right to all data extracted from the samples that ID-Gene ecodiagnostics™ Sàrl decides to use in its research and development projects, notably in scientific publications.
Any invention or discovery made, created, or developed by ID-Gene ecodiagnostics™ Sàrl incidentally through the use of data extracted shall be the property of ID-Gene ecodiagnostics™ Sàrl.
3 DEADLINES
ID-Gene ecodiagnostics™ Sàrl takes the necessary measures to provide the results within timeframe set out in the contract.
At any time, the Client can inquire about the progress of the work.
In case of force majeure, ID-Gene ecodiagnostics™ Sàrl is not required to respect the deadlines set out in the contract. No compensation will be paid in the case of delay.
4 REPORTS
The results are communicated to Client in form of a report sent by e-mail once the analyses have been completed. Report can also be provided in the form of computer files transmitted by e-mail or on physical media (CDs, USB keys, etc.).
Upon request, an interim report may be provided.
The Client may share reports with third parties in their entirety. It is not allowed to copy extracts.
Data and reports will be kept for three years unless otherwise required by law or specified in writing.
5 PAYMENT TERMS
The payment is due net 30 days after receiving the invoice.
The offer signed with Client is assumed to describe the analyses to be performed and reports to be generated.
Any requested changes to the analyses compared to the original offer must be made in writing. If analyses have started before the request for changes was made Client must pay for analyses that have been already completed.
ID-Gene ecodiagnostics™ Sàrl will not be responsible for holding times or deadlines that are missed because of changes or delays in payment.
6 LITIGATION
Client agrees to assume all costs associated with official requests for documents or testimony. ID-Gene ecodiagnostics™ Sàrl and Client waive the right to a trial by jury.
7 INDEMNIFICATION
ID-Gene ecodiagnostics™ Sàrl agrees to indemnify the Client for gross negligence or misconduct on the part of ID-Gene ecodiagnostics™ Sàrl or its staff unless such negligence is a result of negligent or willful omissions on the part of Client.
Client understands and agrees to limit the liability of ID-Gene ecodiagnostics™ Sàrl to the cost of services provided or the damages incurred, whichever is less.
Client agrees to indemnify ID-Gene ecodiagnostics™ Sàrl for gross negligence or misconduct on the part of Client or its agents unless such gross negligence is a result of negligent or willful omissions on the part of ID-Gene ecodiagnostics™ Sàrl.
8 CONFIDENTIALITY
Project reports are provided only to the Client or those designated by the Client unless otherwise required by law.
Client agrees not to use report or data in any manner that may harm the reputation or business of ID-Gene ecodiagnostics™ Sàrl.
9 WARRANTY
ID-Gene ecodiagnostics™ Sàrl warrants the accuracy of the analyses performed on samples as submitted, no other warranty or liability for the use of the results is expressed or implied.
The Client shall assume responsibility for the implementation of sampling protocols, the quality of the samples and the representativeness of the samples.
The responsibility of the ID-Gene ecodiagnostics™ Sàrl for appropriate sample processing begins upon acceptance of samples.
Any questions or complaints relating to analyses reports or invoices should be sent to ID-Gene ecodiagnostics™ Sàrl within 15 working days of receipt by the Client.
In the event of valid contestation of results provided by ID-Gene ecodiagnostics™ Sàrl the guarantee is limited to the cost of analyses provided.
10 LAW
The place of jurisdiction is Geneva, Switzerland.
ID-GENE website general terms
ID-GENE ecodiagnostics
109 ch. du Pont-du-Centenaire, 1228 Plan-les-Ouates
2a ch. des Hutins, 1232 Confignon
Geneva, Switzerland
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