General Terms and Conditions

General Terms and Conditions for Participation in Ring Trials organized by the Quality in Pathology – QuIP GmbH

Preamble and contact information

The Qualitätssicherungs-Initiative Pathologie [QuIP®, Quality Assurance Initiative Pathology] is a joint venture of the Deutsche Gesellschaft für Pathologie [DGP, German Society of Pathology] and the Bundesverband Deutscher Pathologen [BDP, German Pathologists‘ Association]. It organizes diagnostic immunohistochemistry and molecular pathology ring trials.

The ring trials are primarily addressed to institutions or parts of institutions providing ambulant (established pathologists/practices) or stationary (hospitals, clinics) patient care that are led by a physician specializing in pathology/neuropathology. Permission for other entities (e.g. companies) to participate is decided on a case-by-case basis.

Contact
Qualitätssicherungs-Initiative Pathologie QuIP GmbH
Reinhardtstraße 1
Ecke Friedrichstraße 132
10117 Berlin

E-Mail: office@quip.eu
Telefon: +49 30 9210717-0
USt-IDNr.: DE306143122

Registered at the Charlottenburg Local Court under HRB 175419 B. The Qualitätssicherungs-Initiative Pathologie QuIP GmbH is represented by its managing director, Thomas Pilz.

I General Information, Area of Applicability

1. The following General Terms and Conditions of Business (“GTC“) govern all contracts (“Contract“), that the Qualitätssicherungs-Initiative Pathologie QuIP GmbH (“We“) enters into with other persons or entities (“Participants“) regarding participation in ring trials using the website www.quip.eu. These GTC apply only to Participants that are not consumers (section 13 German Civil Code).

2.  These GTC have sole applicability. The Participant’s general terms and conditions of business do not apply, even if the Participant makes express reference to them when the Contract is signed.

3. Legally significant declarations and notifications with which the Participant is to provide us after closing on a Contract (e.g. deadlines, warnings, declarations of withdrawal from the Contract), are only valid if in text form (including but not limited to fax or e-mail).

II Closing on a Contract

1. Presenting our services on our website does not constitute a binding offer of a Contract. The offer to enter into a Contract comes from the Participant in that, after registering (see Part III below) and completely filling out the page to enroll in a specific ring trial, the Participant clicks the enrollment button (“Binding enrollment“). Previous to this, the enrollment can be changed at any time or the enrollment process cancelled.

2. We are entitled to accept the Participant’s enrollment by sending the ring trial samples (“Samples“). The date on which the Samples are sent can be found in the relevant ring trial program published on our website.

3. After sending its enrollment, the Participant receives an automatic e-mail confirming that we have received the enrollment (enrollment confirmation), which, however, does not constitute the acceptance of a Contract. We declare our acceptance of the Contract by sending the Samples, as set forth in II. (2) above.

4. The Contract is closed in the language in which the Participant has chosen to send its enrollment form (German or English). The wording of the Contract is stored by us. The Participant can call up, store and/or print the GTC during the enrollment procedure using links on our website.
 

III Registration on our website; user account

1. The Participant’s successful registration on our website (“Registration“) is a prerequisite for enrollment for a ring trial using our website and use of the services we offer on our website.

2. During Registration, the Participant must correctly and completely enter information in all of the fields marked as necessary. If there are any changes to the information provided at Registration, the Participant will notify us immediately and without further request by updating the corresponding information in its user account.

3. The Participant is obligated to keep the Registration data for its user account secret and to store it in such a manner as to prevent access to it by any third parties. The Participant also ensures that only it or persons it authorizes have access to its user account and use the functions and services available there.

4.  The Participant bears full responsibility for all use and/or other activity regarding its user account conducted using its Registration data. The Participant is liable for damage caused by unauthorized third parties unless the Participant is not at fault.

IV Conducting the ring trial; Participant’s cooperation obligations/deadlines

1. Conducting the ring trials entails:

  • that we send Samples (test sets) to the Participant;
  • that the Participant evaluates the Samples in its own laboratory;
  • that the Participant returns the Samples to us whenever stipulated in the relevant ring trial program;
  • that the Participant enters the results of the evaluation into its user account on our website;
  • that we analyze the Participant’s results entered into the website and
  • that we issue to the Participant a certificate (after successful participation) or proof of participation which the Participant can call up on our website and download using its user account.

2. We are entitled to avail ourselves of the services of third parties to provide our performance under the Contract. However, having third parties provide our performance does not release us from fulfilling our contractual obligations to the Participant.

3. The Participant’s cooperation is essential to proper implementation of the ring trial; such cooperation includes but is not limited to timely (i) evaluation of the Samples in its own laboratory, (ii) return of the Samples to us if appropriate and (iii) entry of the evaluation results on our website. The relevant deadlines are listed in each ring trial program, which the Participant can call up on our website at any time. If the Participant does not comply at all or in a timely manner with its cooperation obligations, it has no right to claim the analysis of its evaluation results by us and/or the issuance of a certificate or proof of participation.

V Sending the Samples; Use/Treatment of the Samples by the Participant

1. Unless otherwise stipulated below, we send the Samples within Germany at our own expense on the date designated during enrollment in the ring trial program. We are entitled to decide for ourselves how to send them (including but not limited to the shipping company, means of transportation, packaging). The risk of loss or damage to the Samples is transferred to the Participant as soon as we have handed the Samples over to the forwarding agent, the shipper or the other person or institute designated to implement the shipping unless we have culpably breached our due diligence obligations in deciding on the means of shipping. This also applies specifically to shipping Samples to countries other than the Federal Republic of Germany. Shipment abroad: Shipment to foreign countries inside the EU will be invoiced with 30€ in addition to the Sample costs. Shipment to non EU-States (e.g. Switzerland) will be invoiced with 40€ in addition to the Sample costs. Costs for global shipment are variable. Shipping fees will be calculated on an individual basis. No addional shipment fee will be charged for all Mamma-ring-trials (as per January 2019).  

2. If the Samples are lost or damaged before the transfer of risk set forth in IV.(1) above, the Participant is entitled to claim subsequent fulfillment pursuant to applicable law (including but not limited to our choice of subsequent improvement, rectification of a defect or subsequent delivery). The Participant must immediately assert its claim to subsequent fulfillment in order to ensure that the ring trial can take place within the time period set for it despite the damage to or loss of the original Sample.

3. The Participant’s return of the Samples to us is at the Participant’s risk and expense.

4. The Participant is permitted to use the Samples solely to participate in/implement the ring trial with properly qualified staff. It must treat the Samples at all times as if they were patient samples. The Participant bears sole liability for any damage due to a breach of these rules.

VI Return shipment of stained slides

1. After having submitted the personal results in the online tool, participants of IHC ring trials return their stained slides (originally packed in blue cases/QuIP tube showing the set number) to the QuIP office.

2. Participants of molecular proficiency tests send the HE-sections (if available) originally packed to the QuIP office.

3. Participants in the mamma proficiency tests report their results for the last time in 2020 using the paper questionnaires enclosed in the package. The questionnaires + the stained slides will be returned to QuIP GmbH in Berlin within 14 days after the end of the 3-week testing period. Both the HE and the stained slides must be returned to the QuIP office in their original packaging, i.e. in the pink QuIP tube with the set number and clearly marked on the outside as mamma proficiency test (send to Qualitätssicherungs-Initiative Pathologie QuIP GmbH; Reinhardtstr. 1; 10117 Berlin). If the slides do not arrive within the specified return period, the proficiency test will not be passed.

VII Changes to ring trials after a Contract enters into effect

1. We reserve the right to change ring trials before their implementation begins to the extent that the changes can reasonably be expected of the enrolled Participant in light of its interests. A change is possible in situations including but not limited to those in which it is necessary because the circumstances upon which the ring trial is based have changed. Changes to a ring trial can include rescheduling or cancellation. A cancellation can take place in situations including but not limited to if the number of Participants necessary for the ring trial have not enrolled by the enrollment deadline.

2. We will inform the Participant immediately of any changes, including but not limited to rescheduling or cancellation of ring trials, using the data entered into its user account on our website (including but not limited to e-mail address) and, in the case of a cancellation, suggest alternative dates to the extent possible. If a ring trial is cancelled, we reimburse the Participant immediately for any participation fees already paid for the cancelled ring trial. If we do not have the Participant’s bank account data, we will contact the Participant immediately for the purpose of reimbursement.

VIII Prices and payment terms

1. The price in effect on the enrollment date applies in each case; this price is stated during the enrollment process for each ring trial and can also be found in each ring trial program. All prices are quoted exclusive of the statutory amount of value added tax unless otherwise expressly stated. For Participants domiciled outside the Eurozone, we bill an additional flat amount of EUR 10.00 for our currency exchange expenses.

2. Payment is due upon enrollment and is made by bank transfer of the price by 14 days after enrollment into our bank account as stated on the invoice. The invoice can be downloaded from our website in the Participant’s user account directly after enrollment.

IX Liability

1. Unless otherwise stipulated in these GTC, including the following stipulations, our liability is defined by applicable law in the event of a breach of our contractual or non-contractual obligations.

2. We are liable for compensation for damage – regardless of legal basis – in the event of fault caused by willful intent or gross negligence. In the event of slight negligence, we are liable without prejudice to a milder liability standard according to applicable law (e.g. for due care in our own matters) only

i. for damages arising from injury to life, body or health,

ii. for damages arising from the substantial breach of an essential contractual obligation (an obligation, the fulfillment of which is essential for the proper execution of the Contract and compliance with which the counterparty to the Contract normally relies on and is entitled to rely on); in such a case, however, our liability is limited to compensation for predictable, typically occurring damage.

3. The liability limitations set forth in IX.(2) above also apply to breaches of obligation by or for the benefit of persons for whose fault we bear responsibility pursuant to applicable law. They do not apply to the extent that our liability is not permitted to be limited pursuant to applicable law, e.g. in the event of defects intentionally misrepresented by silence or claims pursuant to the German Product Liability Act.

X Compliance; data protection

1. We will provide all performance under the Contract in accordance with the laws in effect at the time.

2. We process the Participant’s personal data for proper performance of the Contract and for our own purposes. We use means including automated data protection systems for this. Our data processing fulfills all applicable data protection law requirements.

XI Intellectual property; our use of the evaluation results and returned Samples; public mention of the Participant on our website

1. We retain all rights to all expert opinions, test results, calculations and other documentation and/or work results, including in electronic form and including drafts, sent to the Participation in the course of implementation of the Contract. In particular, the Participant is not granted any use rights of any kind to them. The Participant is permitted to use the certificates and proof of participation issued by us solely for the purpose set forth in the Contract and only in complete and unmodified form.

2. We are entitled to further use the evaluation results sent by the participants in aggregated and anonymous form and reserve all rights to the returned stainings.

3. We publish the data of the Participant’s institute/practice on our website in the category certified institutes. The Participant can object to the publication of its data on our website at any time by means of a declaration in text form.

XII Choice of law; place of jurisdiction

1. These GTC and the Contract between the Participant and us are subject to the law of the Federal Republic of Germany; international conventions, especially the UN CISG, are ruled out. The choice of law also applies to non-contractual obligations that are closely connected to the Contract. As for the rest, the scope, extent and range of the choice of law are governed by applicable law.

2. The sole – including international – place of jurisdiction for all disputes arising from the Contract is Berlin, Germany. However, we are entitled to initiate legal action at the place of fulfillment or at the Participant’s general place of jurisdiction.

Status as of October 2020

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