STANDARD TERMS AND CONDITIONS OF LABORATORY SERVICE PROVISION AGREEMENT
These standard terms and conditions concern the rights and obligations between SYNLAB Eesti OÜ, registry code 11107913 (hereinafter the Service Provider) and the legal person ordering the laboratory service (hereinafter the Client) in the provision of laboratory services (hereinafter the Service) by the Service Provider.
1. ORDERING THE SERVICE
1.1. In order to order the Service, we ask the Client to forward the order to the Service Provider on the Service Provider’s delivery note together with the properly taken biological material. By submitting the order, the Client accepts these standard terms and conditions.
1.2. To order the materials and information necessary to order the Service, please contact the Service Provider’s customer support by phone at 17123 or at +372 640 8231 or by e-mail at firstname.lastname@example.org (hereinafter Customer Support).
1.3. Orders can be sent electronically or on a paper delivery note. Please contact Customer Support to receive a paper delivery note or to apply for electronical ordering.
1.4. The instructions for taking biological material can be downloaded from the website of the Service Provider. Please contact Customer Support for further clarifications regarding the instructions.
1.5. To obtain the test tubes, transport tubes and other sampling equipment necessary for taking biological material, please contact Customer Support by e-mail or submit an order electronically. The Service Provider then arranges the delivery of consumables to the Client within the agreed time, but no later than within 5 working days. If the Client has not received the consumables within this term, please contact Customer Support and the Service Provider will immediately arrange for the consumables to be sent again.
1.6. The consumables mentioned in the previous clause are delivered by the Service Provider to the Client free of charge on the condition that the Client undertakes to use them only to order the Service from the Service Provider. The Service Provider may refuse to send consumables to the Client if the amount of consumables to be ordered is unreasonably large considering the previous or planned order volume of the Services.
1.7. The Service Provider may require the conclusion of a separate agreement in advance if expensive medical equipment or other necessary equipment are delivered in addition to the usual sampling equipment.
2. PRICE LIST FOR THE PROVISION OF THE SERVICE
2.1. The Service Provider’s list of analyzes with prices and deadlines (hereinafter Price List), which specifies the list of Services to be provided, the deadline for Service provision and the price of the Service, can be downloaded from the Service Provider’s website.
2.2. The price of the Service determined in the Price List is based on the price determined in the list of health care services of the Health Insurance Fund, taking into account the coefficients determined in the list of health care services of the Health Insurance Fund or otherwise established.
2.3. Together with the entry into force of changes to the list of health care services of the Health Insurance Fund, the Service Provider will also change the Price List. The Service Provider can also change its Price List for other reasons that have an impact on the price of the Service.
2.4. When paying, the version of the Price List that is valid at the time of ordering the Service is applied, i.e. at the moment when the Client hands over the order to the Service Provider on the Service Provider’s delivery note together with the properly taken biological material.
3. PROVISION OF THE SERVICE AND REPORTING OF THE RESULTS
3.1. The Service Provider confirms that it has the necessary permits, licenses, registrations for the provision of all Services offered, and that other conditions arising from legislation are met.
3.2. The Service Provider confirms that it implements the necessary measures to ensure the quality of the Services provided.
3.3. The Service Provider may use other service providers for the provision of the Service while being responsible to the Client for the activities of other service providers in the same way as for its own activities.
3.4. The Service Provider complies with all data protection obligations arising from legislation and concludes personal data protection and confidentiality agreements with its employees, subcontractors and other persons who may have access to personal data provided by the Client. Information on how the Service Provider processes personal data is set out in the Service Provider’s privacy notice, which is available here. The Client ensures that the data subjects whose personal data he transfers to the Service Provider have familiarized themselves with the Service Provider’s privacy notice.
3.5. The Service Provider makes the results of the Service available within the term specified in the Price List in the Service Provider’s information system. If necessary, the Client has the opportunity to receive answers in paper form by sending a corresponding request to the Customer Support.
3.6. To view the results in the Service Provider’s information system, please contact Customer Support.
3.7. The Service is deemed reviewed and unconditionally accepted if the Client does not submit a claim to the Service Provider’s Customer Support by e-mail within 5 (five) working days from the date the Results are made available.
3.8. The Service Provider has the right to carry out research on the biological material received from the Client, i.a. for scientific purposes, if biological material was left over during the provision of the Service, provided that the biological material does not relate to an unambiguously identifiable or identified person and does not violate the requirements for processing personal data.
4.1. The Client pays the Service Provider a fee (hereinafter Fee) in accordance with the Price List or in accordance with a special agreement concluded with the Client. Value added tax is not added to the Fee in the cases and under the conditions stipulated in the legislation (for example, if it is a healthcare service).
4.2. The Service Provider shall submit to the Client an invoice that meets the requirements set forth in the legislation together with a report (date, name of the patient, attending physician, name of the examination performed, Health Insurance Fund code) for the laboratory examinations performed in the previous calendar month within 5 (five) working days from the beginning of the following calendar month, unless the Client and Service Provider have agreed on a different settlement procedure. The Client pays the Fee to the Service Provider’s bank account IBAN EE361010220110216017. In case of delay in payment of the Fee, the Service Provider may demand interest on the delay from the Client in the amount of 0.07% (zero point zero seven percent) per day from the time the obligation to pay the Fee becomes due until it is fulfilled properly.
5. INTELLECTUAL PROPERTY
5.1. The entire content of the Service Provider’s website https://ee.minu.synlab.ee/, including the texts introducing the Service Provider’s health check-up packages and the description of the health check-up packages, website design, graphic solution, images, other texts, domain name and other copyrights, trade names, trademarks and other intellectual property (hereinafter intellectual property) is the property of the Service Provider and belongs to the Service Provider.
5.2. The intellectual property may not be reproduced, distributed, translated, modified, processed, used to create derivative works from it, performed in public, retransmitted, demonstrated to the public, transmitted, made available to the public, alienated, sold, licensed etc., in any way, without the prior written consent of the Service Provider or unless otherwise provided by the law.
5.3. The Client undertakes to ensure that the Client does not violate the Service Provider’s intellectual property rights when using the Service Provider’s website. Otherwise, the Service Provider has the right to demand a contractual penalty from the Client in the amount of 1000 (one thousand) Euros for each violation.
6.1. The Service Provider is responsible for non-compliance of the Service with the agreed conditions and for the damages of the Client, if the Service Provider has intentionally or grossly negligently violated its obligations.
6.2. If the Service Provider has enough of the biological material transferred by the Client, the Service Provider may remedy the violation and provide the Service again without charging the Fee specified in the Price List for this for a second time. The Service Provider must inform the Client about the re-provision of the Service.
6.3. The Service Provider only compensates the direct property damage of the Client. The standard terms and conditions do not protect third parties and the Service Provider is not obliged to compensate for the damages incurred to third parties.
6.4. The Service Provider will pay compensation to the Client for the damage that occurred due to the non-compliance of the laboratory analysis with the agreed conditions in a maximum amount that corresponds to twice the amount of the price stated in the Price List of the respective analysis. If the Client suffered damage partly due to circumstances caused by the Client, the compensation for damages will be reduced to the extent that these circumstances contributed to the occurrence of the damage.
7. FINAL PROVISIONS
7.1. The Service Provider may change these standard terms and conditions once a month unilaterally by notifying the Client.
7.2. The Service can be ordered indefinitely. The Client may waive the order of the Services and the provision of the Services by the Service Provider by giving notice of this 30 (thirty) days in advance. The right to order the Services and the obligation to provide the Services shall end upon the expiration of this term. In case of unilateral change of the terms of the Agreement by the Service Provider or delay in payment of the Fee by the Client for more than 30 (thirty) days, no notice shall be applied.
7.3. Upon termination of the Service ordering agreement in accordance with clause 7.2, the Service Provider destroys at its own expense the samples of biological material that the Service Provider has not yet analyzed, and the Client returns to the Service Provider, at its own expense, the means of sampling that the Client has not yet used.
7.4. The Service Provider may refuse to provide the Services and terminate the Agreement by notifying the Client 30 (thirty) days in advance. The claims of the Parties expire within 3 (three) years from the date they become due. Disputes between the Parties are settled in the Harju County Court.