Special Terms on Laboratory and Transportation Services ("STLT")

Last modified: 28 September 2020

by LEAD Horizon International GmbH
FN 531630 i

(hereinafter referred to as "Seller", or "we" or "us")

1.     Scope

The following STLT apply to any contract concluded between the Seller and a Customer within the meaning of our GTD which (at least among others) comprises delivery of a test-kit for verification of a potential infection with COVID-19 (hereinafter referred to as “Product”) including logistics services (i.e. examination of Samples by one of our cooperation partners for laboratory services and/or collection and transportation of Samples).

2.     Use of Seller’s Software

For the purpose of verification of authenticity of his sample and personal data, the end user of our Product has the option to record himself on film while retrieving his saliva/gurgle sample by using the Seller’s web application available via our website ([…]) (hereinafter referred to as “Web-App”).

Usage of the Web-App is subject to the Seller’s licensing terms and conditions which the end user must accept prior to being entitled to use the Web-App.

The Seller may not be held liable in case the Web-App is not available without interruption (no 24/7).

3.     Transportation Services for Samples

For the purpose of examination, the test saliva/gurgle sample gained by the end user by way of application of the Product (“Sample”) can be submitted to one of the Seller’s cooperation partners for laboratory services. To such end, the end user – at his own expense – has the option to mandate one of our cooperation partners for transportation services with the collection of the Sample at a location of the end user’s choice and subsequent delivery of the Sample to the relevant laboratory. If we accept to temporarily take over the transportation costs, the end user is obliged to reimburse us for any respective costs and expenses.

The contractual relationship for delivery of the Sample to one of our cooperation partners for laboratory services is concluded directly between the end user and the transportation service provider selected by the end user via our website. The transportation service provider is not obliged to conclude a contract with the end user, however. The Seller merely acts as an agent for the arrangement of the conclusion of a transportation order without being obliged to exercise special efforts whatsoever and without assuming strict liability in this respect.

The transporta­tion service provider selected by the end user is responsible and liable for any faults or defects in/during the transportation process to the laboratory (including complete loss of the end user’s Sample). The Seller may not be held liable for any such defect or mistake and the Product shall not be deemed defective in any way due to any such circumstances. Acts or omissions of the transportation service provider may not be imputed to the Seller (be it by way of Section 1313a of the Austrian Civil Code or otherwise). The Seller does not assume any liability for any fault in proposing a potential transportation service provider either.

4.     Laboratory Services

The end user has the option to have the Sample gained by way of application of the Product be examined by one of our cooperation partners for laboratory services. The end user is not entitled to demand examination of his Sample by a specific laboratory, however.

The Seller may not be held liable if at some point in time – following a change of applicable legal provisions – the examination of the end user’s Sample by one of the Seller’s cooperation partners for laboratory services is no longer admissible. In particular, the Product shall not be deemed defective in whatever way due to any such circumstances.

Solely the laboratory examining the end user’s Sample shall be liable for (i) the correct testing of the examined Sample and (ii) availability and correct submission to us of the final test result within 24 hours from receipt of the end user’s respective Sample. The Seller shall not be held liable for any mistakes made by the provider of the laboratory services and the Product shall not be deemed defective in any way due to any such mistakes. Actions or omissions of the provider of laboratory services may not be imputed to the Seller (be it by way of Section 1313a of the Austrian Civil Code or otherwise). The Seller does not assume any liability for any fault in selecting a specific provider of laboratory services either. However, the Seller represents and warrants that the selected service provider is a licensed laboratory. 

The end user can retrieve the test result pertaining to his Sample via our website once the mandated cooperation partner for laboratory services has provided it to us. Retrieval is subject to prior acceptance of the applicable terms and conditions of use by the end user.

5.     Availability of Services

If the Product is used after the lapse of the period for collection and return of a Sample as indicated on the packaging or in the user manual, the Seller shall not be held liable in case services pursuant to these STLT are no longer available.

6.     Imposition of the STLT on the End User

Upon resale of the Product, the Customer within the meaning of our GTD is obliged to validly impose these STLT to the end user. If an end user raises any claims against the Seller based on factual circumstances for which the Seller’s liability has (expressly or implicitly) been limited or excluded pursuant to STLT, the Customer shall be obliged to hold the Seller completely harmless in that respect.

7.     Miscellaneous

Should any of the abovementioned or agreed upon provisions in these STLT be or become legally ineffective, invalid and/or void or become so in the course of their duration, it shall not affect the legal effectiveness of the remaining provisions. In such case, the legally ineffective, invalid and/or void provision shall be replaced by one that is legally effective and valid and comes closest to the economic effect of the replaced provision, as far as possible and legally permissible.

These STLT have been drawn up in German and English language, however only the German Version is legally binding; the English version is for information purposes only.