General Terms and Conditions

General conditions for laboratory mandates at "Laboratorio di Diagnostica Molecolare SA", Lugano, Switzerland.

Please note that the analysis services offered by our laboratory are intended solely for the personal use of clients/patients and must not be used on behalf of third parties without their explicit consent. Any unauthorized use for different purposes may constitute a violation of privacy and current regulations.

1. These general conditions (GC) apply to all laboratory mandates entrusted to LDM SA (hereinafter commonly referred to as LDM) by a physician, a medical practice, or a clinic (hereinafter: client), on behalf and in the interest of a patient. These GCs constitute an integral part of all laboratory analyses carried out by LDM on behalf of the client.
   
   
2. Preanalytical Activities. The client is responsible for the proper collection of analysis material, the selection of suitable containers, protective transport packaging, unmistakable labeling, including the LDM mandate form. LDM is responsible for transportation from the moment the analysis sample, ready for shipment, is handed over to LDM or a transport company designated by LDM.
   
   
3. Mandate Conferral. The client confers the mandate to LDM by sending the corresponding LDM form completed correctly, completely, and signed, along with the analysis material duly packaged and labeled. The nature and scope of laboratory services are based exclusively on the instructions provided in the LDM mandate form. By conferring the mandate, the client guarantees to LDM that they have been authorized by the patient to confer on their behalf, have informed the patient about the scope of services and billing by LDM, and that the information provided in the LDM mandate form is complete, up-to-date, and truthful, especially concerning the patient's address and insurance.
   
   
4. Acceptance of the Mandate. The laboratory mandate is considered accepted by LDM only where the latter, after laboratory entry checks, takes possession of the analysis material and the duly completed LDM mandate form and does not reject the mandate within 24 hours. If the LDM mandate form is not properly completed and/or the analysis material is not correctly packaged and labeled, LDM reserves the right to refuse the laboratory mandate without justification and not to carry it out.
   
   
5. Consent. By delivering the LDM mandate form to the latter, the client confirms having been authorized by the patient to retrieve the result, that LDM may delegate tasks to third parties (including, for example, special laboratories and debt collection agencies), and that both LDM and third parties receiving mandates from it are authorized to process personal data within the scope of mandate execution.
   
   
6. LDM Mandate. a) Laboratory Analysis Execution: LDM performs medical laboratory analyses, taking into account the generally recognized state of technological progress. b) Analysis Report Preparation: LDM prepares a report of the analyses for the client. The analysis results are transmitted as soon as possible; LDM is not responsible for any potential delays in transmission. Transmission occurs by postal mail unless LDM and the client have agreed in writing on digital transmission. Any objections from the client regarding the analysis and/or the report must be communicated to LDM within 20 days of receipt. Otherwise, the analysis results and the corresponding report are considered accepted by the client. Findings reports are archived by LDM and destroyed after the expiration of legal retention periods.
   
   
7. Analysis Material Storage and Disposal. Unless the mandate contains a written request to the contrary, LDM disposes of the analysis material within 7 days of taking possession. A mandate requiring longer storage is invoiced to the patient based on expenditure. Material resulting from destructive testing is disposed of immediately.
   
   
8. Billing. If the patient is insured in Switzerland and the analysis falls within the Analysis List (EA), LDM applies the tariff according to the Analysis List in accordance with art. 52 para. 1 letter a no. 1 LAMal («EA», https://www.bag.admin.ch/bag/de/home/versicherungen/krankenversicherung/krankenversicherung-leistungen-tarife/Analysenliste.html ). If the insured patient is undergoing outpatient treatment, LDM sends the invoice to the insurance, unless explicitly requested in the LDM mandate form for patient transmission. If the analysis is ordered for an insured patient undergoing inpatient treatment, the invoice is sent to the client. In the case of patients not insured in Switzerland or unsuccessful collection due to incomplete or incorrect patient or insurance data, the invoice is sent to the client. The client must inform LDM in the order form if the laboratory order is not related to medical treatment.
   
   
9. Ownership, Rights to Information, and Analysis Results. The ownership and rights to analysis materials, information, forms, methods, test results, and related reports remain with LDM. The client acquires the right to use the analysis result and the corresponding report for further consultation and patient treatment. The client does not acquire any other rights.
   
   
10. Confidential Information. LDM and the client treat all information obtained from each other confidentially and ensure that no information is transmitted to third parties without the consent of the other contracting party. Exceptions are cases where there is an obligation to report or any other reason provided by law (e.g., cancer registry, Epidemics Act).
    
    
11. Limitation of Liability. LDM is responsible for the faithful and diligent execution of the analysis and the preparation of the corresponding report. LDM is authorized to use third parties and is responsible for their correct selection and instruction. The client assumes the risks resulting from the use of laboratory results and the corresponding report in the course of patient treatment. LDM is not liable for any damages related to the client's use of laboratory results and/or the analysis report, unless such damages are attributable to gross negligence or willful misconduct by LDM.
    
    
12. Data Protection. LDM and the client undertake to use all organizational and technical means to ensure full compliance with current legal requirements for data protection. By conferring the mandate, the client guarantees to LDM that they have informed the patient about the possible treatment of data by third parties based in Switzerland and/or the EU and have obtained consent.
    
    
13. Validity. The commercial relationship between LDM and the client is based on these GCs. LDM is authorized to modify these GCs at any time and unilaterally. In a specific case, the updated and effective version of these GCs applies; conditions of a different tenor are binding only if expressly recognized and in writing by LDM. The updated version of the GCs can be consulted and downloaded from the website www.ldm.ch.
    
    
14. Applicable Law and Jurisdiction. All legal relationships between the client and LDM are governed exclusively by Swiss law. The applicable forum for all disputes arising from this legal relationship between the parties is Lugano, Canton Ticino, Switzerland. LDM may also seek redress against the client at the forum of their domicile or headquarters or at another competent forum.

Last Update: Lugano: March 6, 2024