Scope of the GTC

The General Terms and Conditions (GTC) apply to all provided services by the Biomedicine Center Ror-schach AG. They are an integral part of every transaction between the Biomedicine Center Rorschach AG and the patient or client (hereinafter referred to as customer). Changes and additional agreements are only effective, if they are confirmed in writing by the Biomedicine Center Rorschach AG.

In other respects the provisions of the Swiss Code of Obligations and other Swiss laws and regulations apply.

These General Terms and Conditions shall be valid for an indefinite period, as long as they are not amended or revoked by the parties in writing.

Should a provision of these General Terms and Conditions be or become ineffective or the contract contains a omission, the legal validity of the remaining provisions shall remain unaffected. In lieu of the ineffective provisions, an effective provision is agreed as from the beginning, which comes as close as possible to that of the parties. The same applies in the case of an omission.

Offers of the Biomedicine Center Rorschach AG

BCR AG offers medical services, such as treatments, consultations, evaluations, analyzes, therapies, etc.

Order assignment

Patient’s orders are placed by phone, in writing, by fax, E-Mail or in person. (in writing or verbally abbrevia-ted). The confirmation of order can be compensated by service provisions and/or deliveries.

Written offers have a validity of 15 days, unless stated otherwise in the offer. Oral offers lose their validity if you are not accepted immediately. Information which is intended as a guideline is non-binding and should only be used to estimate size. If the patient requires services which are not included in the offer, or if these are felt to be necessary at the discretion of the client, they will be charged additionally.

An offer is deemed to have been accepted by the patient in writing or verbally, or if the services offered are accepted without contradiction. BCR AG also confirms acceptance in writing or verbally.

Appointments

BCR AG is obligated to provide the agreed services at the dates specified in the order confirmation, while the patient is obligated to accept and pay for the services at the predefined time.

In case of occurring delays indebted by BCR AG (natural events, mobilization, war, turmoil, epidemics, accidents and illnesses, serious operational disruptions, work conflicts, delayed or faulty subcontracts as well as official measures, emergencies, etc.) The period for the provision of the services is postponed.

In the case of delays caused by BCR AG, the patient may:

• in the event of immediate information to BCR AG, waive the services.
• in case of an immediate agreement with BCR AG, require partial deliveries as far as possible.
• set a reasonable period for the compliance of the services by BCR AG. If the BCR AG does not fulfill the service until the end of the extension period, the patient may, without delay, inform BCR AG of the service or withdraw from the contract.

BCR AG informs the patient as soon as possible about delays.

Recall and dismissal

In the case of withdrawal from the contract up to 15 days before the initial appointment of the service, the patient of BCR AG has to pay an expense allowance of CHF 500.00 irrespective of the actual expenses. This expense allowance covers the administrative expenses that were spent on planning the patient’s schedule and its coordination.

If the patient withdraws from the contract less than 15 days before the performance, the patient shall be charged an expense allowance of CHF 1,000.00 irrespective of the actual expenses.

Significant changes in orders (including postponement) will count as a new contract conclusion.

Terms of payment

The costs will be indicated in an offer, with variations remaining reserved. It is stipulated that costs for additonal services (laboratory tests and other) as well as pharmaceutical products are not included and will be charged additionally.

The deposit will be made no later than 15 days after receipt of the proposal with confirmation form.

If the terms of payment are not complied with, BCR AG is entitled to:

• all claims against the patient are immediately due.
• to demand collateral for all outstanding claims.
• to provide outstanding services only against payment in advance.
• claim compensation.

If the security services or payments have not yet been provided after the expiry of a reasonable retroactive period, BCR AG may withdraw from the contract, even if the performance has already been carried out in whole or partially.

If the payment deadlines are not met by the patient, the patient will have to pay BCR AG a default interest of five percent p.a. from the date of maturity without reminder.

Warranty

BCR AG provides its services in commercial quality. It ensures a careful selection of co-operation partners and assistants.

The careful execution of the agreed service, according to the respective state of the science and the experience, is guaranteed.

Data protection

In accordance with data protection legislation, patient data are treated confidentially. The patient data are only for internal uses and are not passed on to third parties without the consent of the patient. This does not include the transfer of data on the basis of medical requirements (for example, to the laboratory, etc.). BCR AG only collects data necessary for executing the orders. BCR AG has the right to inform patients about new services and / or products.

Final provisions

The court of jurisdiction is Rorschach (Switzerland). Swiss law is applicable to the extent permitted by law. The parties shall endeavor to settle disputes arising out of the execution of this agreement in an amicable manner.