Terms and Conditions of Generatio GmbH
1.1 generatio shall be equated with Generatio GmbH in all documents, means of communication, addresses and business contacts.
1.2 Contracting party is the person/organisation which orders or requests services from generatio.
1.3 Contract refers to all orders agreed between generatio and the contracting party in writing, verbally or via generatio's websites for the provision of services in accordance with the following provisions, including consulting services and any supplementary and additional services.
1.4 Specific contractual agreements in writing between generatio and a contracting party supplement these GTC in the points mentioned therein.
1.5 Any conflicting general terms and conditions of a contracting party require the written consent of generatio in order to apply.
The order placed and accepted by generatio shall be decisive for the scope of the services and deliveries. Any previous offer made by generatio is subject to change.
2.1 The services to be performed, their use and validity result from the list of services in the price list, from the articles offered in the shop or from an individual, written catalogue of services drawn up between generatio and the business partner.
2.2 In the case of contracts which require the submission of a sample for execution, the contract shall commence with the registration of the sample with generatio. In the case of orders which are based on samples already available to generatio, the contractual relationship shall commence with the submission of the complete order description by the business partner to generatio. Contracts for orders based exclusively on data maintained by generatio shall commence with the submission of the order data.
2.3 Registration is required in order to use generatio's online service for placing orders. 2.2 applies to the conclusion of a contract. The user must ensure that his access data is not misused to place orders with generatio. All orders initiated via a generatio user account shall be deemed to originate from the respective account holder and shall oblige the account holder to pay for the initiated orders.
2.4 The services to be performed by generatio within the framework of a contract are bindingly specified by the client by means of his letter or by selection in the user account.
2.5 The conclusion of a contract obliges the client to pay the remuneration due for the commissioned services.
2.6 Regardless of the method of placing the order, generatio is entitled to demand an advance payment for an order in the amount of the total remuneration claim to be expected.
2.7 Subsequent changes and additions to existing orders at the instigation of the business partner shall require a new contract.
2.8 Amendments to a contract including supplements and ancillary agreements as well as amendments to this written form clause shall be invalid if they have not been agreed in writing.
The prices are in Euros, unless another currency has been agreed. The prices valid on the day the order is placed shall apply. Unless stated otherwise, the statutory value added tax is not included; it will be shown separately at the statutory rate on the day of invoicing. Costs for packaging and shipping shall be borne by the customer and shall also be shown separately on the invoice. In the case of shipments abroad, customs duties as well as fees and other public charges shall also be shown separately.
Discount regulations are subject to an individual, separate agreement. The prices applicable to users of the generatio online system are listed in the respective user accounts.
4. Obligations of the contracting party
4.1 The contracting party shall be obliged to ensure that the requirements for samples and data necessary for the fulfilment of the contents of the contract are met. Results that are unusable or incorrect due to faulty samples and/or data shall not give rise to a claim for rectification or replacement.
4.2 In the case of orders for which it turns out that the sample provided for this purpose cannot be used or can only be used in part for the fulfilment of the order, the associated contract shall extend to the partial services processed.
5. Time frame of service provision - Notification of results
5.1 generatio shall endeavour to provide the services within the usual time frame or within the agreed time window. There is no entitlement to compliance with specific deadlines.
5.2 It is expressly pointed out that there is no claim to fulfilment. Should the execution be delayed for technical reasons or be impossible, the contracting party shall be informed thereof.
5.3 Technical delays or failures due to faulty sample materials do not entitle the contracting party to a reduction of the agreed fee. If fulfilment fails due to faulty work by generatio, the work carried out shall not be invoiced and any advance payments shall be refunded.
5.4 If generatio is obliged under the contract to present the results of the activity in writing, only the written presentation of the results shall be authoritative. Verbal statements and information, including those provided by generatio's subcontractors, within the scope of such an order are always non-binding. generatio is free to determine the form in which the results are communicated.
5.5 Results will only be communicated to the contracting party or a person authorised by the contracting party. In the case of results made available online, the contact details provided by the business partner during registration shall apply.
6.1 The contracting party acknowledges that the services ordered from generatio are work which must begin as soon as possible with the registration of the sample or with the arrival of the order data in order for the results to be communicated as soon as possible.
6.2 The revocation of a service ordered from generatio can therefore only be pronounced if it is associated with a sample that has been newly announced for registration AND the sample concerned has not yet been registered with generatio.
6.3 For orders placed online, a 2-week right of withdrawal applies by law. The contracting party acknowledges that the orders placed via a user account are services according to its requirements within the meaning of the law and that the right of withdrawal is therefore not applicable.
7. Invoicing - Service provision
7.1 The due dates on the individual invoices shall apply. A delay shall be deemed to have occurred without separate notification if payment has not been received 30 days after the invoice date.
7.2 In the event of a delay, generatio shall be entitled to demand interest of 8% above the base interest rate applicable at the time of the delay in addition to the invoice amount.
7.3 Invoicing in the online user account shall take place within the framework of the checkout process which concludes the order placement. The resulting invoice amount is collected via the payment procedures available there. The invoice is provided in the user account and sent to the e-mail address stored in the user account.
7.4 Services ordered online are deemed to be accepted with the order. The date of performance corresponds to the invoice date. The conditions on liability and warranty apply (see 8).
7.5 In the event of a return debit note for orders already placed, generatio shall be entitled to invoice the user account holder for the amount owed from the services provided, the return debit note fees charged by the bank plus an expense allowance EUR 25.00 (net).
8. Liability - Warranty
8.1 There is no guarantee for the accuracy of the results transmitted by generatio. The contracting party acknowledges that the results of molecular genetic diagnostics may contain errors which are not apparent to generatio. If such an error becomes apparent after the results have been submitted, generatio shall correct the corresponding findings. If possible and necessary, the results will be corrected free of charge. If this is not possible, a replacement service will be provided which is limited to the invoice value of the incorrect assignment.
8.2 generatio shall be liable for damages caused by a simple negligent breach of essential contractual obligations. Liability due to simple negligence in the event of a breach of non-essential contractual obligations shall be excluded. This limitation of liability shall not apply to damages caused by intent or gross negligence. Furthermore, this limitation of liability shall not apply to damages arising from injury to life, limb or health, insofar as generatio is responsible for the breach of duty.
8.3 Claims for damages arising from breaches of duty in the case of services as well as claims for defects, any claims for reimbursement of expenses and claims for reimbursement of futile expenses shall become invalid twelve months after the commencement of the contract. This shall not apply to claims for damages for injury to life and limb or to claims for damages based on intent, gross negligence or fraudulent concealment of a defect.
8.4 The contracting party shall be liable to generatio for all damages resulting from intentionally or negligently incorrect or incomplete order placement, including incorrect or incomplete data and document transmission.
9. Data protection - Protection of intellectual property
9.1 The contracting party may only use the opinions, reports, drawings, calculations, etc. prepared by generatio within the framework of a contract for its own purposes. Any other use, in particular commercial use, is prohibited without the written consent of generatio and will be considered an infringement of generatio's intellectual property.
9.2 generatio may correct obvious inaccuracies such as typing errors, arithmetical errors or formal deficiencies in written statements at any time, including to third parties.
9.3 All data of the contracting party shall be used exclusively for the execution of the services agreed upon in the contract. Storage shall take place in compliance with the legal regulations.
9.4 For detailed information, please refer to the data protection declaration. This is valid in the respective published version. The regulations made there supplement these General Terms and Conditions.
10 Rights of ownership and utilisation
10.1 The ownership and disposal rights (client, contact person, owner, invoice recipient, breed club affiliation) to a sample and the test results obtained from it, as designated by the sender when submitting the sample, are applied.
10.2 The contracting party is responsible for notifying the transfer of ownership rights.
10.3 Submitted sample material which is not subject to a contract for storage shall become the property of generatio, there shall be no claim for return.
11. Final provisions
11.1. Subsidiary agreements, amendments and additions to these General Terms and Conditions must be in writing.
11.2 The invalidity of individual provisions of the Terms of Service and the individual contracts does not influence their effectiveness. An invalid provision shall be replaced by a provision analogous to that of the ineffective provision which is most suitable to the will of both parties.