Trials of BVDH

(1) The Berufsverband Deutscher Humangenetiker e.V. (BVDH) offers proficiency tests (EQA tests) at www.bvdh-ringversuche.de in accordance with the applicable guidelines of the German Medical Association or their analogous application.

(2) These GTC shall apply exclusively; the participant's general terms and conditions shall not apply even if the BVDH has not objected to them in individual cases.

(3) Only this version formulated in German shall be valid.

(4) Legally relevant declarations must be made in text form in order to be valid.

2. Registration

(1) Registration for an EQA scheme requires the successful registration of the participant at www.bvdh-ringversuche.de. All laboratories worldwide that routinely perform human genetic diagnostics can participate.

(2) When registering, the participant is obliged to provide truthful and complete information. The participant must enter any significant changes in the user account immediately and without being requested to do so.

(3) The personal access data shall be generated by the participant him/herself during registration. The participant is obliged to keep his/her login data for the user account secret and to store it in such a way that unauthorized persons cannot access it.

3. Registration for an EQA scheme

(1) The participant expresses his/her interest in participating in an EQA scheme by registering via www.bvdh-ringversuche.de. The participant receives an automated e-mail confirming receipt of the registration by BVDH, but this does not yet constitute acceptance of the contract. A contract is only concluded when the ordered samples are sent (acceptance of the registration).

(2) After expiry of the registration period, there is no entitlement to acceptance of registrations or contract amendments. The BVDH shall be entitled to cancel or postpone the EQA test before it begins.

(3) The current prices published at www.bvdh-ringversuche.de at the time of registration shall apply. Unless otherwise stated, all prices are subject to statutory VAT.

4. Performance of the proficiency tests

(1) The BVDH may use subcontractors to provide services for the performance of the EQA schemes. In the event of subcontracting, the performance shall be carried out by subcontractors who are bound by instructions and obliged to maintain confidentiality.

(2) Samples to be analyzed by the EQA scheme participant within the scope of participation in the EQA scheme shall be sent by BVDH by post or by courier service on the dates specified in the registration procedure, in the case of shipment within Germany at BVDH's expense, outside Germany at the participant's expense (re-invoicing). The risk of loss of or damage to the samples shall pass to the participant as soon as BVDH has handed over the sample to the company designated to carry out the shipment, unless BVDH has culpably breached its duty of care during shipment. In the event of loss of or damage to the sample material, a complaint must be made immediately. If possible, BVDH shall provide a replacement. The costs for the second shipment shall be borne in accordance with the “polluter pays” principle.

(3) In addition or as an alternative to the sample material sent for analysis, the EQA scheme shall be conducted using materials or questions provided by the EQA scheme management on the website www.bvdh-ringversuche.de (e.g. data sets, images, texts). It is necessary for the participant to log in to the website with their user account and download data if necessary. The dates and deadlines will be announced during the registration process.

(4) Participants must upload the analysis results to their user account and, if applicable, also enter data for participation there. The deadline for submitting the analysis results will be announced in the registration procedure. Technical problems must be reported immediately to the coordination office.

(5) The BVDH shall review the uploaded and entered analysis results and create a final report that can be accessed online and contains a certificate and/or a certificate of participation for the participant. A certificate of successful participation in the EQA scheme will only be issued for analysis results submitted on time, provided that the other requirements are met.

(6) Invoicing takes place after the EQA scheme samples have been sent or the analysis task has been activated. Final reports and thus certificates or certificates of participation will only be made available for download after payment of the invoice. The BVDH is free to demand advance payment from individual participants.

(7) After notification of the EQA scheme results, objections and complaints may be submitted in text form to the Quality Assurance Coordination Office (BVDH, Quality Assurance Coordination Office, Feldstr. 30, 52249 Eschweiler, brandt@bvdh.de) within a period of 6 weeks. After expiry of this period, any claims by the participant in this regard are excluded.

5. Liability

Claims for damages - irrespective of the legal grounds - against BVDH, its legal representatives, vicarious agents and subcontractors shall only exist within the scope of fault-based liability in the event of intent and gross negligence. BVDH shall not be liable for negligent breaches of duty, except in the event of a breach of a material contractual obligation. Liability shall be limited to typically foreseeable damages. Otherwise, BVDH's liability is excluded. This exclusion of liability does not apply to injury to life, body or health and insofar as the damage is based on an intentional or grossly negligent breach of duty.

6. Confidentiality, data protection

(1) The contracting parties undertake to treat as confidential all information and documents of the other party that are designated as confidential or are to be treated as confidential due to the circumstances, as well as the other party's trade and business secrets.

(2) The BVDH shall collect, process and use personal data of the participants to the extent necessary for the performance and evaluation of the EQA schemes and the issuance of certificates or certificates of participation. Subcontractors and automatic data processing systems shall also be used for this purpose in compliance with data protection requirements.

(3) The participants consent to the processing and use of the analysis results they submit for the purpose of quality assurance. The analysis results will be communicated in pseudonymized form to the other participants of the respective EQA scheme. The declaration of consent is voluntary and can be revoked by the participant at any time with effect for the future vis-à-vis the BVDH.

(4) Our privacy policy can be found at www.bvdh-ringversuche.de/index/datenschutz.

7. Choice of law, place of jurisdiction

(1) The contract is subject to the law of the Federal Republic of Germany. The application of international private law and the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

(2) The place of performance and jurisdiction is Berlin. BVDH shall be entitled to bring an action at the place of performance or general place of jurisdiction of the participant. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

General Terms and Conditions for Participation in Proficiency Tests (EQA tests) of the Berufsverband Deutscher Humangenetiker e.V.