These General Terms and Conditions (GTC) shall govern all services and products labor team w ag or its sub-contractors (LTW) offers or performs, in particular to medical services in the discipline of laboratory medical analyses and pathology (Laboratory Services). They shall apply to any contractual agreement between LTW on one hand and the customer on the other. The term customer shall refer to the respective principal ordering analyses (patients as well as medical and non-medical experts and institutions), including their representatives who transmit the analysis orders to LTW (issuance of orders).
) shall supersede these GTC in the event of a conflict.
2. Placement of Orders
As a rule, the customer shall place an order in writing using the order form, which shall be transmitted via postal services, courier services or telefax, or which shall be sent electronically via Online Request, if the customer has pertinent access.
If the customer should act on behalf of a patient, the customer shall, as a result, grant the patient’s consent to place the order and to the data processing required in conjunction with the execution of the order, as well as to the terms of these GTC. Moreover, the customer shall confirm that the customer has advised the patient as to the content of the order if necessary and that the customer has been consulted.
The customer shall be held liable for, assume the risk for and pay the expenses for the expert order picking, packaging, labeling and the transfer of the sample to LTW. In particular, the customer shall ensure that each order can be clearly allocated to the samples taken. LTW shall not assume any liability for the erroneous labeling of a sample by the customer. The customer shall also be liable for any and all transportation of the sample until it has been handed over to LTW. As of the actual receipt of the sample by LTW and until the findings are delivered, LTW shall assume liability for the sample.
3. Performance of the Laboratory Services
LTW shall render the laboratory services ordered by the customer in compliance with the latest scientific and medical findings and based on the standards commonly applicable in Switzerland and shall deliver findings that provide a correct foundation for a medical diagnosis and treatment by a physician.
The processing time for the individual laboratory services shall be based on their scope and content. Any rush orders and special services shall be performed in exchange for separate compensation.
LTW shall have the right to involve third parties who are qualified to render the laboratory services or to sub-con-tract the services to qualified third parties. Moreover, LTW may, at its own expense, commission comparative analyses with third parties.
Subject to mutual agreement, the customer may be commissioned to perform services on behalf of LTW, in particular in the discipline of pre-analytics.
4. Transfer of Findings / Sample Storage
The transfer of findings shall be made to the customer and, upon special election, also to the patient. They may be transferred electronically, over the telephone, via fax or postal services. The interpretation of the findings shall principally be the responsibility of the customer; LTW may consult the customer with regards to laboratory questions upon request (best efforts).
LTW shall be under no obligation to continue to store the analyzed samples upon their analysis and the transfer of the findings.
5. Remuneration and Billing
Unless otherwise agreed upon, the remuneration for laboratory services shall be determined and billed based on the currently effective analysis list that has been published by the Swiss Department of the Interior (EDI). Other laboratory/medical services shall be billed in compliance with Tarmed, if applicable, or the remuneration shall be stipulated by LTW based on the individual circumstances (e.g. based on actual expenses incurred). If special samples have to be processed, or in emergency cases, surcharges may be billed.
Unless otherwise agreed upon or mandated by law, the debtor of the remuneration shall be the patient.
Based on its own discretion, LTW shall have the option to demand an advance payment for its laboratory services. In all other cases, LTW shall issue an invoice for its laboratory services. The invoice amount shall be payable to LTW within 30 days as of the invoice date. Thereafter, the debtor shall be in default of paying the remuneration immediately, which shall entitle LTW to charge late payment interest in the amount of 5 % p.a. and, after the second reminder notice has been sent, a reminder notice fee of CHF 20 and for the third reminder notice a fee of CHF 30. The debtor who is in default of payment shall also reimburse LTW for any additional collection expenditures.
LTW may involve third parties for the collection of the debts at the expense of the debtor or may assign accounts receivable due from the debtor to third parties.
Upon placement of the order, the customer shall assure LTW to have briefed the debtor of the remuneration on the modalities of invoicing and to have obtained the latter’s consent to the former.
6. Professional Confidentiality and Data Privacy
The customer and LTW shall at all times maintain professional confidentiality and shall comply with the provisions of the Data Privacy Act.
LTW shall collect such data from patients that is necessary for the performance and collection of charges for the laboratory services as well as the fulfillment of any statutory obligations (e.g. cancer register, infectious diseases). In particular the following shall be collected: first and last name, gender, date of birth, address, phone number, email address, language, reason for treatment, clinical information, medication, findings and diagnoses, insurance underwriter, insurance number, principal and order number.
LTW shall in particular collect the following from the customer (who is not simultaneously the patient): customer number, if applicable name of the company, first and last name, title and approvals, address, phone number, email address and language.
Upon placement of the order, the customer shall assure LTW that the express consent for the aforementioned processing of data has been obtained for the affected patient. Within the scope of genetic examinations in compliance with the GUMG, the customer shall also ensure that the required consultation and written consent of the patient to the examination has been obtained. Hence, LTW shall have the authority to collect and share both with involved third parties and within LTW the data of patients and customers, if this is necessary based on LTW’s own reasonable assessment for the purposes of processing the order (in particular rendering of the laboratory services and collections). The customer shall have access to review the data concerning those patients for which the customer has submitted orders to LTW.
7. Approvals and Liability, etc.
The customer and LTW shall each ensure that they have all required approvals in their possession.
The customer and LTW shall meet their respective obligations based on compliance with any applicable laws, to the best of their knowledge and conscience as well as in compliance with the due diligence mandated by law and by the applicable professional ethics.
Each party shall be liable to the respective other party for any damages arising from or in connection with the performance or omission of its obligations. LTW shall not assume any liability for any damages that arose in conjunction with the rendering of the services at customer’s end, unless the respective damages are based on grossly negligent or intentional acts of LTW.
The customer and LTW shall provide their services exclusively in their own names, for their own account, based on self-accountability and their own risk.
8. Final Provisions
In the event of conflicts between the linguistic versions of the GTC, only the German version shall be effective. Any deviations from these GTC shall require written format agreements.
If any portions of these GTC should be ineffective or unenforceable, this shall not affect the effectiveness of the remaining provisions.
LTW may change these GTC at any time. The changes shall take effect as of the publication date of the new GTC on LTW’s website (www.team-w.ch) and the first subsequent placement of an order with LTW.
9. Governing Law and Place of Jurisdiction
The contractual relationship between LTW and the customer shall be governed by Swiss law subject to the exclusion of interstate compacts. The sole place of jurisdiction shall be Goldach SG.
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