General Terms and Conditions

§ 1. General provisions

1. These General Terms and Conditions of Business (hereinafter referred to as the GTC) define the rights and obligations of the parties to service contracts under which the Contractor is Radosław Merchut, conducting business as
   P. H. U. Radosław Merchut, ul. Mariana Rejewskiego 80, 44-251 Rybnik, NIP: 6423060165, REGON: 243279494, operating under the weSEQ.IT brand, hereinafter referred to as the Contractor.
2. These GTC form an integral part of the quotation presented to the Client. The quotation and the GTC together form an integral part of the Contract.
3. In the event of a conflict, these GTC exclude the application of any other standard terms used or established by the Client and shall prevail in the event of discrepancies in the interpretation of the Contract.
4. Provisions individually agreed and confirmed in documentary form shall take precedence over these GTC to the extent that they contain arrangements differing from those set out in these GTC.
5. These GTC are available on the website at www.weSEQ.IT and are provided to the Client with each quotation.

§ 2. Conclusion of the contract

1. Before the Contract is concluded, the Contractor shall provide these GTC to the Client by e-mail in a manner that enables the Client to store and reproduce them in the ordinary course of business. Concluding the Contract after receipt of these GTC constitutes the Client's acceptance of them.
2. The Contract between the parties is concluded when the Client accepts the Contractor's quotation.
3. Unless otherwise provided by law or by these GTC, the Client may withdraw from the Contract only with the Contractor's express consent.

§3. Samples

1. Samples are any chemical or biological materials supplied by the Client to the Contractor for analysis.
2. Samples for laboratory testing are prepared by the Client. The Contractor is not responsible for sample preparation.
3. The Contractor provides guidance on sample preparation on the website www.weSEQ.IT under "Knowledge Base" (Recommendations for sample preparation before shipment). The Client shall follow the guidance and procedures provided there. The Contractor shall not be liable for analysis failure caused by improper sample preparation by the Client.
4. The Client accepts the risk that, even where samples are prepared in accordance with the Contractor's guidance, the analysis results may not meet the specified technical parameters.
5. When consigning Samples for transport, the Client shall comply with all generally applicable laws and internal procedures.
6. Samples must be properly and unambiguously labelled in accordance with Sample Information Form; this prevents any mix-up. Labelling must correspond to the analysis order and be anonymised; it must not contain personal data. If these requirements are not met, the Contractor may withdraw from the agreement. In such a case, the Contractor is not required to perform the analysis.
7. The Contractor shall not be liable for damage to or destruction of Samples resulting from improper transport, disruption of the supply chain due to circumstances beyond the Contractor's control, or Sample storage conditions.
8. The Client undertakes to provide samples that meet the requirements specified in the quote quality criteria.
9. By submitting samples for analysis, the Client declares that they meet all requirements specified in the quote quality criteria.
10. The Contractor is not liable for the poor quality of submitted samples.
11. At the Client's written request, submitted no later than when the contract is concluded or the order is placed, the Contractor may return any samples or biological material remaining after analysis once the service has been completed. The Client bears the sample return cost, which is 650.00 PLN net for shipments within the Republic of Poland. The cost of returning samples outside Poland is determined individually. Due to the nature of the process, including extraction, library preparation and sequencing, all material may be used for the analysis. If all material intended for return has been used, no sample return fee will be charged.
12. Samples are returned at the Client's risk. If the Client does not request their return in accordance with point 11, the Contractor is not required to return them after the service has been completed, regardless of the analysis outcome.
13. The return referred to in point 11 covers only samples (biological material). For sanitary, hygiene and biosafety reasons, the Contractor does not return packaging or materials used to ship and secure the consignment, including insulated packaging, containers, cooling packs, dry ice or other items used to protect or cool the shipment. These materials are not returnable and, by sending them with the samples, the Client consents to their management or disposal by the Contractor. The Client should therefore pack and ship samples using only single-use packaging and materials. Reusable items sent with samples will not be returned.
14. The Client confirms that:
    a. it owns the Samples or is authorised to provide them to the Contractor for performance of the Service;
    b. the delivery and analysis of the Samples will not breach any rights or obligations owed by the Client to any person or entity;
    c. it has obtained all consents, licences, certificates and approvals required to provide the Samples to the Contractor for performance of the Services;
    d. the Contractor's use of the submitted Samples to perform the Services will not infringe any intellectual property rights or other proprietary rights of any third party, or breach any legal or ethical agreement.

§4. Shipment

1. The Contractor begins the analysis upon receipt of the Samples from the carrier. Until the Contractor receives the Samples from the carrier, the risk of damage to or loss of the Samples remains with the Client, and the Client shall have no claim against the Contractor for compensation in respect of any resulting loss or damage.
2. The Client shall prepare and secure samples for transport.
3. The Contractor shall not be liable for the preparation or securing of Samples for transport, or for the transport itself.
4. The Contractor provides guidance (Recommendations for sample preparation) on preparing samples for transport in the quote.
5. After receiving a non-binding quotation, the Client must inform the Contractor in advance of any special handling and storage requirements for the Samples. Failure to do so will result in the loss of the right to rely on such special requirements.

§ 5. Performance of the contract

1. The Contractor undertakes to perform the commissioned laboratory analyses of the Samples described in detail in the quotation, and the Client undertakes to pay the price specified in the quotation for the analyses performed.
2. The Contractor undertakes to perform analyses with due professional skill and care but does not guarantee that an analysis will produce the desired result. An analysis is deemed to have been performed even if it does not produce the desired result.
3. Contractor provides the results of the Client's analyses electronically via a dedicated online drive or SFTP file server, depending on the contract. At the Client's express request, the Contractor will transfer the analysis results to a file server provided and designated by the Client. 
4. The Contractor retains the Client's analysis results on a dedicated drive or server for 14 days from the date on which the Client is notified of the  electronic delivery of the results.
5. The Contractor shall notify the Client electronically that the results have been delivered. The results are deemed delivered and received on the date they become available to the Client on the website or are delivered by another method.
6. At the Client's express request, or if the amount of generated data is large (exceeds 800 Gb), the results may be supplied on external storage media (USB flash drive or external drive). The Contractor may add the cost of the storage medium to the service fee.
7. Result files are compressed in a .gz archive, and access to the files is password-protected.
8. The Contractor shall not be liable for the interpretation of the results or for conclusions drawn from them.
9. The Contractor shall deliver the VAT invoice electronically to the e-mail address provided by the Client. The Client consents to receiving electronic invoices.
10. The Contractor shall be entitled to issue a VAT invoice when the Samples are submitted for analysis.
11. VAT invoices issued by the Contractor are payable within 14 days of the invoice date, unless otherwise agreed.
12. Delivery costs relating to the subject matter of the Contract shall be borne by the Client or the Contractor, as specified in the quotation accepted by the parties.
13. The subject matter of the Contract is delivered to the Client when it is made available on the website or secure file server, or when the Contractor entrusts it to a carrier for delivery to the location specified by the Client.
14. Where the subject matter of the Contract is delivered by a carrier, the Client must inspect the consignment immediately upon receipt. If the Client identifies any loss of or damage to the subject matter of the Contract during transport, the Client must prepare a damage report in the presence of the courier and take all steps necessary to establish the carrier's liability.
15. The Client must collect the subject matter of the Contract from the carrier. If the Client delays collection, the Contractor may, with the Client's consent and at the Client's expense, arrange redelivery.
16. If the Client does not consent to redelivery, the Contractor shall store the subject matter of the Contract at the Client's expense and risk and request its immediate collection. The Client declares that if it fails to collect the subject matter of the Contract within 3 months of receiving that request, it abandons the property with the intention of relinquishing ownership. The Contractor will consequently acquire ownership and may permanently destroy it.
17. Unless otherwise agreed, all time limits for performance of the Services by the Contractor are approximate only. The Contractor shall not be liable for any loss, expense, claim or damage caused by delayed delivery. If no time limit is specified, the Service shall be performed within a reasonable period, taking its nature into account.

§ 6. Statutory warranty and complaints

1. The seller's liability under the statutory warranty for physical and legal defects in the subject matter of the Contract is excluded.
2. The Client may submit a complaint concerning the results of completed analyses within 7 days of delivery of the results. If no complaint is submitted within this period, the Contractor shall have no liability for the analysis results.
3. If a complaint is upheld, the Contractor shall, at its sole discretion, either repeat the analysis or reimburse the Client for costs in proportion to the outcome of the complaint procedure.

§ 7. Right to withdraw from the contract

1. The Client has no right to withdraw from the contract without stating a reason.
2. Where the Client has the status of an entrepreneur with consumer rights, it has no right to withdraw from a Contract concluded off-premises or at a distance in relation to contracts entered into with the Contractor under Article 38 of the Consumer Rights Act of 30 May 2014.
3. In particular, where the Client has the status of an entrepreneur with consumer rights, it has no right to withdraw from a Contract concluded off-premises or at a distance if the subject matter of the Contract is a non-prefabricated item produced to the Client's specifications or intended to meet the Client's individual needs.
4. In the case referred to in point 13, before concluding the Contract the Contractor shall expressly inform the buyer that the subject matter of the Contract is being procured to the buyer's individual order and that the buyer has no right to withdraw from the Contract without giving a reason.

§ 8. Final provisions

1. The Contractor declares that the purchaser's personal data is processed in accordance with generally applicable law. Information on personal data processing is available at www.weSEQ.it.
2. The invalidity or ineffectiveness of any provision of these GTC shall not affect the validity or effectiveness of the remaining provisions.
3. Any dispute arising from the application of these GTC shall be subject to the jurisdiction of the ordinary court with local jurisdiction over the place where the Contractor conducts its business.
4. Matters not governed by these GTC are subject to the applicable provisions of the Polish Civil Code Act of 23 April 1964 and other generally applicable laws.