1. Definitions

1.1 The “company” is General Genetics Corporation

1.2 The “customer” is a private customer who has ordered the company’s DNA profiling services. The customer does not enter into the contract in connection with a business, trade, profession or public service etc. and does not claim such.

1.3 The “nominated person” is the person who is written down on the sample form and whose test results are provided.

1.4 The “sampler” is the person who takes the samples.

1.5 The “service” is one or more DNA tests or genetic tests that are offered by the company.

1.6 “Ordering the service” is ordering a service from the company, be it in person, by phone, letter, e-mail, by filling out an order form or by any other form.

1.7 The “price” is the price as set out in the current price list of company services.

1.8 The “test kits” are the sampling kits provided by the company.

1.9 The “test laboratory” for the prenatal paternity test is operated by the DNA Diagnostics Center.

2. Application of these terms and conditions

2.1 These general terms and conditions shall apply to the exclusion of further terms and conditions, including all terms and conditions that the buyer specifies for any order, order confirmation or other document.

2.2 All orders for the services are referred to as the customer’s offer to order a service in accordance with the terms and conditions. The company should not accept an order until the customer has paid for the service.

3. Extent of these terms and conditions

3.1 No conditions other than those set out in these terms and conditions should be included or be part of these terms and conditions unless agreed in writing between the customer and an authorized person of the company.

3.2 These terms and conditions have no influence on the legal rights of the customer as a consumer.

3.3 If a provision of the contract in these general terms and conditions proves to be invalid or otherwise unenforceable, this should not affect the validity of the remaining provisions of the contract or the general terms and conditions.

3.4 For all agreements on the part of the customer, which concern more than one person, these persons are jointly responsible.

4. Responsibility of the company

4.1 The company endeavors to deliver the test results to the nominated person within the period specified for standard and express tests. The period specified by the company begins when the samples are received in the laboratory and not when the samples arrive in the administration office.

4.2 The company will generally deliver test kits via standard shipping, unless otherwise ordered by the customer. The sending of the test kit is included in the test price. Other shipping methods may be used for some tests. The company cannot be held responsible for any delays caused by mail or courier. It is the customer’s responsibility to notify the company if a test kit has not arrived within a reasonable time for the country’s postal service.

4.3 If the kit is damaged upon receipt or the sterile packaging has been compromised through no fault of the customer or the sampler, the company will provide a new kit at no additional cost to the customer.

4.4 The company provides only one (1) test kit per order. An administration fee depending on the country of delivery applies to additional test kits ordered (see Appendix 1 for preliminary fees)

4.5 If, through no fault of the company, the samples provided by the customer fail due to insufficient DNA or contaminated samples, a repeat fee will apply (see Appendix 2 for fees).

4.6 The customer understands that although the test offered by the company is highly accurate, there is a possibility of error or mistake with each test. The customer therefore acknowledges and accepts that in the event of a justified claim for damages resulting from an act of the company, negligent or otherwise, the responsibility of the company does not exceed the costs for the test ordered and agrees to the company, its agents and other employees exempt from any future claims. The customer’s rights under this can be asserted by notifying the company of an error by e-mail or post within 30 days of delivery of the test result to the nominated person.

4.7 The company should not be held responsible for any damage or loss on the part of the customer or another person, as a consequence of the test results that were delivered to the nominated person or another authorized person, unless the company acted negligently.

4.8 The company is not responsible for failure or delays in the execution of the test service due to causes beyond the control of the company, including but not limited to force majeure, flood, drought, storm, war, strike, lockout, malfunction, system intrusion, network failure, Fire, explosion, terrorism, sabotage or any other event beyond the company’s control.

4.9 The company reserves the right to refuse the service if there is reasonable reason to believe that the biological samples were or are being taken illegally, or that the results are being used for an illegal, inappropriate or unethical purpose there is a conflict of interest with a customer or the quality of the company’s services is compromised in any way, or in the event of any other reasoned cause.

4.10 The test results are supplied by the company to the nominated person. All persons tested have the right to receive a copy of the test results. Written test results will be sent to the nominee by e-mail, unless otherwise agreed. If requested, a printed version of the result is available by post for an additional fee.

4.11 The company reserves the right to send test results to and discuss with:

(a) all tested person; or

(b) if the tested person is a child, with the mother or another legal guardian, the nominated person should have failed to pass the result on to the tested person without sufficient reason.

4.12 The company strives to provide high quality service at all times. If the customer is not satisfied with the service received, the customer should forward his complaint in writing to the company. The company endeavors to deal with any complaints immediately and to present its position to the customer. The company will do its utmost to resolve any complaints or doubts, however any management decision is final.

5. Customer responsibility

5.1 The customer is responsible for ensuring that the test participants are suitable for the test and that the mother to be tested is at least in the ninth week of pregnancy (seven weeks after conception). Blood samples taken before the ninth (9) week of pregnancy are very extremely likely to lead to an incorrect or ambiguous result. Pregnancy is calculated from the first day of the last menstrual period.

5.2 It is the responsibility of the customer to ensure that the test participants send all required documents, materials and samples to the company and that all documents are filled in completely and legibly. Failure to do so may result in a delay in issuing or inaccuracies in the results, which may affect the meaningfulness of the results.

5.3 Upon request, the company will endeavor to provide as much information as possible about the service offered and give as accurate a picture as possible of what the results show and what does not, but it is up to the customer to decide whether the service offered is intended for the particular intended Purpose is appropriate and is encouraged by the company to seek legal or other advice before ordering the service, if needed.

5.4 The customer (or sampler) is responsible for ensuring that he is authorized to take and own the biological samples that are sent to the company.

5.5 The customer agrees that the company is harmless from any claims, expenses and loss or damage arising as a result of samples that the customer has illegally forwarded to the company.

5.6 The customer assumes responsibility for ensuring that any information that is forwarded to the company for the purpose of ordering is correct and that any type of credit card used to pay for the service is their own (or it is for use by the owner) the credit card is authorized).

5.7 The customer guarantees that he is entitled to provide any information and data and keeps the company free from damage, in the case of claims due to violations of information and data, breaches of secrecy or due to a failure to comply with data protection by a third person.

5.8 The customer is responsible for ensuring that the nominated person is aware of the need for confidentiality and that the content of the results may not be passed on to third parties other than those authorized by the test persons. See clause 4.10

5.9 The customer should only enter into this contract with the company if he agrees to the binding terms and conditions.

6. Retest

6.1 Perform the test too early: In order to increase the probability of a clear result, the customer must have the samples taken in or after the ninth week of pregnancy (7 weeks after conception). This ensures that there is enough cell-free fetal DNA in the expectant mother’s bloodstream to accurately determine paternity. If the customer provides false information about the gestational age, the customer is not entitled to a refund.

6.2 Inadequate DNA: If the mother’s sample has insufficient fetal DNA for DNA analysis, no meaningful result regarding paternity will be available. In these cases, we recommend having blood drawn and analyzed again at a later point in time during pregnancy. We will carry out the second test for you free of charge, only an administration fee and a fee for the test kit (see Appendix 2 for fees).

6.3 Inadequate samples: If for any reason we receive the samples but cannot use them for a reliable analysis, the customer will be advised accordingly and offered to receive a new set for a new sample. All samples we receive: a) without documents b) without the required amount of blood c) with the wrong number of tubes d) with the wrong number of mouth swabs, are not tested.

6.4 If re-testing is required, the customer will incur shipping and handling fees (see Appendix 2 for fees).

6.5 The samples must reach the laboratory within 5 to 6 days after sampling. It is the responsibility of the customer to ensure that the samples are delivered within this period. If samples arrive after this period, it is up to the laboratory to decide not to continue with the test. In such a case, the customer will have to take new samples and fees will apply (see Appendix 2 for fees).

6.6 The test cannot be performed in the following cases: gestational age of less than 9 weeks, twin or multiple pregnancies, pregnant women suffering from cancer or preeclampsia or who have had a recent blood transfusion, bone marrow transplant, organ transplant or stem cell therapy.

7. Results

7.1 In most cases, the company will offer a conclusive result confirming whether or not a suspected father is the child’s birth father.

7.2 The results can be influenced by gestational age, method of sample storage, handling and transport, mutations in the DNA and contamination during sampling. In these cases it may be necessary to take a new sample.

7.3 The customer understands and accepts that, in some exceptional cases, the laboratory is unable to determine paternity and that there is an undecided result. This happens when the statistical value for the probable father being tested regarding the paternity is unclear, which means that he can neither be confirmed nor excluded as the biological father of the child. In these cases, the company will reimburse the customer for laboratory testing, less the administration and shipping fee (see Appendix 2 for fees).

7.4 An ambiguous result can be attempted by a variety of factors, such as premature or imprecise gestational age, low fetal fraction, and biological factors such as poor implantation or early miscarriage. While testing at an early gestational age is feasible, this will lead to a higher likelihood of ambiguous results. A refund for an ambiguous result will not be guaranteed in such a case, but we will offer to take a new sample.

7.5 The customer understands and accepts that if presumed fathers are related or come from the same ethnic minority, failure to provide samples from both fathers can lead to a false result.

8. Cost of the service

8.1 The price of the company’s services is set by the company and checked from time to time and is set out in the company’s current price list. The company’s price list can be found on the website and can be requested.

9. Payment and cancellation

9.1 The company will not begin testing until the total for the test has been received.

9.2 For credit card payments the credit card fees are absorbed by the company. The customer bears transaction fees in relation to any other payment method. All payments received by the company must equal the full net price listed on the price list before a service is processed.

9.3 The customer has three months from the order to send in his samples (referred to as the expiry period). If the customer fails to send the samples before this deadline, the case will be closed. The company will charge a reactivation fee to reopen the case and process samples received after the expiration date (see Appendix 3 for fees). The case will be deleted after one year and reactivation is no longer possible.

10. Refunds

10.1 If the service is canceled before the company sends the customer a test kit, a full refund will be offered.

10.2 If the service is canceled after the company has shipped a test kit for the customer, a processing and shipping fee will apply (Appendix 1). This is only valid within the expiry period.

10.3 If the service is canceled at the company after receiving the samples, no refund will be made.

10.4 Due to the personalized nature of the test kit, which is customized for each customer, the service falls under the mail order regulations.

11. Time and delivery

11.1 The time frame specified by the company for carrying out the test and delivering the results is for guidance only. The company is not responsible for any delays or any damage or loss caused directly or indirectly by a delay.

12. Other aspects

12.2 Ownership of copyrights in relation to all literature, documentation, reports, etc., which are provided by the company, remain with the company.

13. Data protection and privacy

13.1 In accordance with the applicable data protection law, the company will only obtain, use and disclose the customer’s personal information in order to continue with its responsibilities for the provision of the contractually agreed service and for other related purposes, such as updating customer data, analysis of invoice documents, crime prevention, Compliance with legal regulations and compliance with legal requirements.

13.2 The customer acknowledges and accepts that the company may have to disclose the customer’s personal data to third parties if necessary, directly or indirectly, to ensure the service.

13.3 Due to the international activities of the company, the customer acknowledges and accepts that we may have to forward customer data to third parties in other countries in order to be able to offer the service.

13.4 The customer accepts that the company is authorized to use all DNA samples provided by the customer and that all remaining samples and printouts of documents are destroyed in accordance with the standard procedures and legal requirements of the laboratory. Results are kept in our system indefinitely. At the customer’s request, data will be deleted within 30 days of the request. The customer can ask at any time during and after the service how his data is treated and processed.

13.5 The customer has the right to withdraw his consent at any time by contacting us in writing or by email. Fees apply in accordance with Section 8.

13.6 The customer accepts that he is bound by the data protection regulations, which can be found on our various company websites on the privacy page.

14. Jurisdiction and contact details

14.1 The contract between the company and the customer, in accordance with these terms and conditions, is subject to US law and has exclusive jurisdiction in relation to any claims or disputes arising from the contract.

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1. Processing / shipping fee

United Kingdom GBP £ 60.00
Europe EUR € 70.00
United States of America USD $ 80.00
Canada CAD $ 80.00
South Africa ZAR 900.00
Other USD $ 100.00

2. Re-testing fee

UK                     GBP£ 90.00
Europe               EUR€ 95.00
USA                   USD$ 115.00
Canada             CAD$ 150.00
South Africa      ZAR 1558.00
Other                USD$ 150.00

3. Reactivation fee / open kit

United Kingdom GBP £ 150.00
Europe EUR € 200.00
United States of America USD $ 250.00
Canada CAD $ 250.00
South Africa ZAR 2950.00
Other USD $ 250.00 (subject to location)

 

Office: General Genetics Corporation, 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808, USA.

Test laboratory:  DNA Diagnostics Center – DNA Technology Park, One DDC Way, Fairfield, OH 45014, USA.