Conditions of Use
These Terms and Conditions are applicable to all services provided by Hepcidinanalysis.com; a part of the legal entity UMC St Radboud Research B.V. (“Laboratory”) to the person or legal entity requesting laboratory services (“Client”). By requesting laboratory services from Laboratory through a filled out “Hepcidinanalysis Test Request Webform” (for individual samples), Client agrees to these Terms and Conditions.
1.1 Laboratory shall, upon receipt from Client of a completed Hepcidinanalysis Test Request Webform, and the subsequent receipt of materials as provided by Client, perform certain analyses on the said materials (“Services”), for which Services Client shall pay a fee as described in Section 4.
1.2 Laboratory warrants that all of its employees or agents or third parties hired for the purpose by Laboratory that provide Services are professionally qualified, have been adequately trained and will perform their duties in a workmanlike fashion with reasonable care.
1.3 Any times specified or agreed by Laboratory for the delivery of the Services are given in good faith but are an estimate only. If no time is specified or agreed by Laboratory, delivery will take place within a reasonable time following receipt of the Purchase Order Form and materials with an estimate of 15 working days excluding national holidays. Laboratory will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services, unless such delay was caused by Laboratory’s gross negligence or willful misconduct.
2.1 Client must ensure that the content of any submitted Hepcidinanalysis Test Request Webform is complete and accurate.
2.2 Client must ensure that the submitted Hepcidinanalysis Test Request Webform does not contain any patient names or other personal information that can be traced back to actual persons. All information shall be supplied by Client in such a way that no one but Client can trace it back to actual persons, for example by using patient codes instead of patient names.
2.3 Laboratory acknowledges that Client’s materials may be experimental in nature and may have unknown characteristics and therefore agrees to use prudence and reasonable care in the use, handling, storage, disposition and containment of the materials.
2.4 Client will inform Laboratory of any known characteristics that may pose a risk to Laboratory’s personnel.
2.5 Materials will be destroyed after delivery of the Service.
(3) ACCEPTANCE OF WORK AND TERMINATION
3.1 Laboratory shall have the right to refuse to perform the requested Services, or to stop performing Services for any reason and at any time by giving Client written notice.
3.2 After said written notification, Client shall pay to Laboratory the prorated fees based on actual work performed by Laboratory.
(4) FEES AND BILLING
4.1 Laboratory’s fees for individual samples (the “Services Fee”) can be found on: http://hepcidin.puntkommademo.nl/provided-service/information-about-the-request-procedure/.
4.2 Laboratory reserves the right to amend the fees at any time.
4.3 Upon receipt of a filled out Hepcidinanalysis Test request Webform, Laboratory shall provide Client within 2 days with the purchase order number, purchase order form (to be sent along with the sample) and invoice. Laboratory will deliver Services in accordance with Article 1.3, but not before full payment of the Services Fee by the Client.
4.4 All amounts mentioned are excluding VAT, which sum shall be added to the invoice (if applicable) and is payable by Client. Services supplied to a VAT taxable recipient established within the EU (other than the Netherlands) or a recipient outside the EU - not subject to VAT according to article 6-2-d-1st or 3rd VAT act - Reverse charge mechanism applicable according to article 196 VAT Directive 2006/112 European Commission. Service within the Netherlands is subject to 19% BTW.
(5) WARRANTIES AND LIMITATION OF LIABILITY
5.1 Laboratory warrants (subject to the provisions of this Section 5) that Services will be performed:
(a) in a workmanlike fashion with reasonable care;
(b) using professionally qualified and adequately trained persons; and
(c) in accordance with applicable laws and regulations.
5.2 Client shall defend and hold harmless Laboratory from any claim against Laboratory made by a third party as a direct or indirect consequence of Laboratory’s performance of its Services for Client.
5.3 Save for the warranties given by Laboratory set out in this Section 5, all warranties, conditions and other terms are, to the fullest extent permitted by law, excluded from the performance of the Services.
5.4 Laboratory will not be liable to Client in contract, tort (including, without limitation, negligence), misrepresentation or otherwise for any:
(x) economic loss of any kind (including, without limitation, loss of use, profit, anticipated profit, business, contracts, overhead recovery, revenue or anticipated savings);
(y) any damage to the Client's reputation or goodwill: or
(z) any other special, indirect or consequential loss or damage arising out of or in connection with the performance of the Services.
5.5 Laboratory's total liability in contract, tort (including, without limitation, negligence), misrepresentation or otherwise arising out of or in connection with the performance of the Services (a “Default”) will be limited to the Services Fee for the Services (or the relevant part of the Services) to which the Default relates.
5.6 In the event Laboratory stops providing Services in accordance with section 3 of these Terms and Conditions, Laboratory shall not be liable to Client because of such termination for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of Client or Laboratory.
6.1 Client may obtain access to information of Laboratory which is considered confidential by Laboratory (“Confidential Information”). Client acknowledges that any disclosure of Confidential Information from Laboratory would result in serious harm to Laboratory. Client agrees not to use Confidential Information or disclose, directly or indirectly, Confidential Information to any third person or entity.
6.2 The obligations of confidentiality and non-use contained in this Section shall not apply to information which: (i) was known to Client prior to receipt hereunder as set forth in written records; or (ii) at the time of disclosure to Client was generally available to the public, or which after disclosure hereunder, becomes generally available to the public, through no fault of Client; or (iii) is hereafter made available to Client by any third-party having a right to do so on a non-confidential basis as evidenced by written records.
6.3 In the event that Client is required by law, regulation, subpoena, government order or judicial order to disclose Confidential Information of Laboratory it may so disclose, provided Client shall promptly notify Laboratory upon such request for disclosure and prior to such disclosure to permit Laboratory to oppose same by appropriate legal action.
(7) DISPUTE RESOLUTION
7.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of The Netherlands without regard to conflicts of laws principles of any jurisdiction.
7.2 Any dispute regarding enforcement, performance or breach of these Terms and Conditions not settled by mutual consent shall be finally settled by the competent court in the District of Arnhem, The Netherlands.
7.3 If any provision of These Terms and Conditions shall be declared invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.