§ 1 Introduction
MGZ – Medical Genetics Center MVZ, Bayerstr. 3-5, 80335, Munich (hereinafter referred to as MGZ) provides human genetic services in the form of genetic counseling and diagnostic laboratory services. For the provision of these services by MGZ, the following "General Terms and Conditions" (GTC) apply.
Any changes or deviations from these are only valid if specified in a contract signed by an authorized representative of MGZ.
As the general terms and conditions may change from time to time, we kindly ask you to take note of the current version, which can be found on our homepage, www.mgz-muenchen.com. This also applies to the contents of the website and our diagnostic laboratory services.
§ 2 Definitions
The informed consent form signed by a Patient or his/her authorized representative prior to receiving genetic counseling and/or other diagnostic laboratory services provided by MGZ.
The approximate price for the service(s) requested, with a specified period validity, obtained directly from MGZ.
The German Genetic Diagnostics Act, which sets the preconditions for genetic analysis, regulates genetic testing and the use of genetic specimens and data, and prevents discrimination on the basis of genetic characteristics in order to safeguard the state's obligation to respect and protect human dignity and the right to informational self-determination.
MGZ - Medical Genetics Center MVZ GbR, Bayerstr. 3-5, 80335 Munich, Germany
The commissioning of laboratory services either online or offline by any clinician.
Any clinician, as specified on the test request form, who requests services provided by MGZ.
The party responsible for paying the costs of the requested services.
Any person, as specified on the test request form, who is subject to services requested by an authorized healthcare provider and provided by MGZ.
Any written medical summary of the results obtained from the commissioned services for the Patient.
Clinical sample(s) collected from the Patient and sent to MGZ for the purpose of performing the commissioned services.
Genetic counseling and/or any diagnostic laboratory services as provided by MGZ.
MGZ’s international website, operating under the name MGZ - Medical Genetics Center, at www.mgz-muenchen.com, as amended from time to time.
§ 3 Diagnostic Laboratory Services
(1) Legal Requirements
Prerequisite for the performance of a diagnostic laboratory service is the clinician requirement as laid out in §7 GenDG (only a clinician can provide genetic services) as well as the patient's informed consent given in writing and in accordance with the GenDG on a form provided by MGZ (see Downloads) or by the requesting clinician (hereafter referred to as Partner).
(2) Cost Statement
Before placing an order for laboratory services, the Partner is requested to obtain a cost estimate (unless the Partner has a contractual agreement with specified pricing). The Partner can obtain a current cost statement for laboratory services either through the MGZ Inquiry/Order Portal or by writing an e-mail to email@example.com. The validity of the cost estimate is limited to a specified period of time.
All prices are quoted in euros (EUR) and exclude logistic or insurance costs, license fees, customs duties, and value added or other taxes.
Based on this cost statement, the laboratory service(s) can be commissioned.
A valid contract between the Partner and MGZ is concluded with the commissioning of the laboratory service(s) (Order). The assignment triggers a payment obligation.
(4) Billing Options / Payment Request / Invoicing
As a rule, prepayment is required for all services, unless otherwise arranged between a Partner and MGZ. Upon receipt of an order, a prepayment request, if applicable, will be sent to the responsible party, either the Partner (or acting Payer thereof) or the Patient. Prepayment can be made by bank transfer, PayPal, or credit card.
After receipt of payment, an invoice will be sent to the Payer.
It is also possible for a European health insurance fund to cover the costs of services provided by MGZ by means of an E112/S2 form. The relevant forms must be submitted for this purpose. Prepayment is not required in this case; however, a completed E112/S2 form is required prior to testing.
Other terms and conditions for invoicing or payment can be discussed with a representative of MGZ in individual cases but require a separate contract (cf. §1 above).
(5) Payment by Patient
Prepayment can also be made by the Patient. This is available to the Partner as an additional service, whereby the Patient does not become a contractual partner, but instead, the Partner or Partner’s institution remains the contractual partner in accordance with the terms and conditions.
By providing patient information such as a Patient’s street or e-mail address in order for MGZ to send the payment request directly to a Patient, the contractual Partner assures that he/she has obtained the Patient's permission to do so.
(6) Procedure in Case of Late Payment
If the contractual Partner fails to make payment (either prepayment or payment upon request) within a reasonable period of time specified within the invoice, a lump sum of € 40 shall become due.
If the Patient does not comply with the payment, the request for payment and payment of the invoice shall be addressed to the contractual Partner. In this case, a reasonable period of time shall again apply within which payment must be made.
(7) Missing Samples
If a sample has not been received by MGZ’s sample receipt department within 15 days of receipt of payment, the contractual Partner will be notified and requested to send the sample. If the sample is still not sent within a reasonable period of time as specified in the request, the order will be considered canceled according to § 3 (13) (see below).
(8) Sample Shipping
The sample(s) should be sent to MGZ with a test request form, the Patient’s written consent (MGZ consent form or copy of Partner-provided consent), and, for offline orders, a copy of the cost statement. A cost statement is not required if the Partner has a valid price agreement for the commissioned services (cf. §3 (4) above).
The shipping and insurance costs shall be covered by the contractual Partner.
(9) Execution of the Diagnostic Laboratory Service(s)/Report
Only after receipt of payment (in cases where prepayment is required) and receipt of the sample—including the documentation listed in § 3 (8) above—shall MGZ perform the requested diagnostic laboratory service(s).
If information about the sample(s) is missing and, in particular, prevents a medical diagnosis, the contractual Partner shall be requested to supply (additional) information within a specified period of time. If this information is not provided upon request, MGZ reserves the right to withhold the results. However, this does not affect the conclusion of the contract and the associated payment obligation.
MGZ reserves the right not to carry out testing for samples that do not comply with the standards of the GenDG.
Our laboratory is accredited according to DIN EN ISO 15189:2014. Human genetic tests have a very high but not 100 % sensitivity and, like all laboratory tests, are subject to a risk of error due to pre-analytical, analytical, and post-analytical processes. Findings are based on the current state of knowledge at the time of reporting. The interpretation of test results in cases of family testing is only valid under the condition that the specified family relationships given by the Partner are correct. We recommend that the Partner discuss the results with the Patient during a genetic counseling session, especially in the event of a conspicuous test result. MGZ shall not be held responsible for such test results, nor be held responsible or liable for the incomplete, potentially misleading, or even incorrect result of any test if such isuees could not be identified by MGZ in advance of providing genetic services.
If a test result requires further laboratory analysis, MGZ will submit a proposal to the Partner.
(10) Non-Evaluability of Results
If the evaluation of a test result is not possible, the contractual Partner's obligation to pay is waived and the Partner will be informed as soon as possible.
(11) Data Transfer
The findings, as a product of analysis, are sent digitally by means of a secure data transfer to the responsible clinician as indicated on the test request form. He/she is responsible for further compliance with the declaration of consent, for example with regard to storage and transmission. The latter is also valid for postal services.
If problems occur during data transfer, the Partner shall inform MGZ immediately so that suitable countermeasures can be taken.
(12) Data storage / Storage of samples
When processing diagnostic laboratory services, MGZ receives both samples and medical data from the Patient. MGZ can, based on the Patient’s consent, use both the samples and the data for the stated purpose(s).
In doing so, the contractual Partner of MGZ ensures that the proper patient consent has been obtained in order that MGZ can store and use the sample(s) and data in accordance with the GenDG.
MGZ assures the Patient and the contractual Partner that samples and data are made available to third parties only in anonymous or pseudonymized form, so that no personal rights are violated.
The order may only be cancelled prior to the performance of diagnostic laboratory services. In this case, a handling fee of 20 % of the total amount will be charged. MGZ reserves the right to charge the contractual Partner for the costs of returning the sample.
A cancellation may be requested by sending an email to firstname.lastname@example.org and referencing the MGZ sample ID number.
In the event the analysis has already started, cancellation is no longer possible and the total amount agreed to at the time of the Order shall be incurred.
§ 4 General Provisions
MGZ as well as the Partner agree that the institutions are operating in full compliance with the law, all applicable regulations, as well as with good clinical practice. If any of stipulations are not met, each party is responsible for obtaining such permits.
Furthermore, the Partner agrees that the institution is in good standing and there are no pending litigations or other legal processes which may have an adverse effect on the fulfillment of the contract.
(2) Intellectual Property Rights / Trademarks
All content on the homepage as well as in communication between MGZ and the Partner or Patient, including but not limited to texts, photos, and graphics, is the property of MGZ, unless otherwise indicated, and protected by copyright, trademark, or intellectual property rights.
(3) Links to Third-Party Sites
The Website may contain links to websites which are not operated by MGZ. MGZ shall not be held responsible for the content or services of such websites.
This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
This contract is subject to German law. The place of jurisdiction is Munich, Germany.