TERMS and CONDITIONS
a) Performance of Services
QIAGEN shall perform the services described in this SOW in a good and workmanlike matter commensurate with standards in the research industry. Customer acknowledges that QIAGEN is not offering CLIA laboratory services. The QIAGEN Service core is not a diagnostics laboratory and does not offer any services which require regulations such as GLP, CLIA, or HIPPA.
QIAGEN shall use commercially reasonable efforts to notify Customer of any defects in or damage to the Samples of which QIAGEN becomes aware that may affect the quality or accuracy of the resulting data. In the event QIAGEN causes damage to a sample, QIAGEN shall notify the Customer promptly and allow Customer to send another sample for a repeat of the services, free of charge, and this shall be Customer’s sole remedy in such case.
b) Submission of Human Samples
Customer shall ensure that any human samples submitted to QIAGEN under this SOW have been collected in accordance with applicable laws, regulations and ethics. Customer represents and warrants that it has the rights necessary to transmit such samples to QIAGEN for the services contemplated by this SOW. Customer shall ensure that any human samples are de-identified prior to shipment to QIAGEN. Customer shall not transmit or disclose in any way to QIAGEN any Personal Health Information as defined by HIPAA regulations.
c) Data Report
QIAGEN shall report the data generated under this SOW to Customer in one of two methods, at Customer’s option: (1) via email; or (2) via a secure exchange server. In the event Customer chooses to receive data by email, Customer shall not hold QIAGEN liable for any errors in transmission.
d) Use of Data
Customer shall own all right, title and interest in the data generated by QIAGEN using the Customer’s samples pursuant to this SOW. Customer shall be free to use the data for any legitimate business purpose, subject to the following restrictions:
(i) The work performed under this SOW is for research purposes only. No data may be used for the diagnosis of disease or medical treatment of human beings.
(ii) Customer shall use the data, and any incidental feedback from QIAGEN about the data, in its own discretion and at its own risk.
e) Indemnification and Limitation of Liability
(i) Customer shall indemnify, defend and hold QIAGEN harmless from any claims, damages, costs, fees or expenses (“Liability”) resulting from Customer’s use of the data generated under this SOW.
(ii) QIAGEN shall indemnify, defend and hold Customer harmless from any Liability resulting from QIAGEN’s gross negligence or willful misconduct in performing the services under this SOW, provided that QIAGEN’s maximum liability for any such Liability shall not exceed the amount of compensation to QIAGEN for the services.
f) Storage of Samples
QIAGEN may agree, as a courtesy, to store samples for Customer for a specified period of time (no more than 6 weeks) after the conclusion of services under this SOW, if Customer indicates that it may request further services from QIAGEN relating to such samples. QIAGEN shall not charge Customer for such storage services, and in exchange, Customer shall not hold QIAGEN liable for any damage or theft to samples while stored in QIAGEN’s facilities.