These Terms and Conditions shall apply to all Service Agreements by the Service Provider to the Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport to apply under any agreement, purchase order, confirmation of order or similar document. No conduct by the Service Provider shall be deemed to constitute acceptance of any terms put forward by the Client. If any terms are provided by any other party then the Service Provider’s Terms and Conditions shall be deemed to apply to the exclusion of such third party terms to the benefit of the Service Provider.
All orders for Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these Terms and Conditions. Written acceptance (including email acceptance) of the Services or the Client’s signature upon the Service Agreement shall be deemed conclusive evidence of the Client’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by an authorised officer of the Service Provider.
Any offer to purchase any Services made orally must be confirmed in writing. The Service Provider shall not be deemed to have accepted any offer until the Client has signed and delivered to the Service Provider any necessary request forms and/or Court Orders or similar forms (together with a copy of any Legal Aid for DNA Profiling Paternity Service where applicable, including the relevant solicitor’s Legal Aid Board Contract Number) and where the Service Provider has given written notice of acceptance.
In addition to other terms that are set out in these Terms and Conditions which are stated to apply to either Clients who are Individuals or Clients who are Legal Representatives this section shall apply to all payments due from the Client to the Service Provider.
IMPORTANT: Where a Legal Representative is instructing the Service Provider on behalf of a client that is not subject to an acceptable LSC funding certificate, and the Legal Representative does not pay the Price to the Service Provider in accordance with these Terms and Conditions, the Service Provider shall have the right to reclaim any amounts due and owing from the named individual for whom the Services are being obtained on behalf of. The individual is required to sign a consent form and accept these Terms and Conditions prior to the Service Provider undertaking the Services The Legal Representative warrants that it will have clearly communicated this provision to its client and informed them in no uncertain terms of their possible liability, including for the Price should it remain unpaid.
The Prices for any Services are subject to change and unless otherwise stated all prices quoted are exclusive of VAT. The Price shall be subject to variation by the Service Provider in the event of an increase after the Service Provider’s acceptance of an order due to a rise in the cost to the Service Provider in providing the Services.
In the event of the Client, or any individual required to attend by the Client, not attending a pre arranged sample collection appointment or not giving at least 24 hours notice of cancellation a fee of £55.00 plus VAT shall be payable, by the Client. The Client hereby accepts that it shall pay such fees in accordance with the Service Provider’s invoice.
An administration charge of between £50.00 plus VAT and £95.00 plus VAT (at the Service Provider’s absolute discretion) is payable by the Client for all cases that are cancelled after an instruction is received by the company. The Client hereby accepts that it shall pay such fees in accordance with the Service Provider’s invoice.
Disbursement costs, where applicable, may be requested from the Client prior to the Service Provider entering into an agreement with such third parties on behalf of the Client.
Payment of the Price and VAT where applicable shall be due prior to the Services being provided unless the Client is a court or solicitor awaiting confirmed assistance from the Legal Aid Authority or equivalent in which instance payment shall made to the Service Provider immediately upon receipt by the Client of such assistance from the Legal Aid Authority or equivalent.
The Client shall pay the full amount invoiced to it by the Service Provider in pounds sterling within 30 days of the date of invoice, unless the Client is in receipt of an LSC funding certificate.
Where the Client is in receipt of an LSC funding certificate and provides the Service Provider with such certificate to the Service Provider’s satisfaction, in which case payment terms will be within 30 days of the date of invoice, should payment not be received within this time, the Service Provider shall appoint a third party external debt recover agency to recover any amounts due and owing.
Time shall be of the essence for all fees payable by the Client to the Service Provider under this agreement.
The Client acknowledges that the name written on the request forms or similar documents will be the name that is printed on the test report. If any change to such name is requested, documentation in support of the change as required by the Service Provider shall be provided to the Service Provider but the Service Provider shall be under no obligation to make any alteration if in its reasonable opinion the supporting documentation is insufficient. The Client acknowledges that an additional administrative fee may be required.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above base rate of the Service Provider’s chosen bank from time to time in force and shall accrue at such a rate after as well as before any judgment. As an alternative to the above, the Service Provider shall have, at its discretion, the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
The Client shall not be entitled to withhold payment of any amount payable to the Service Provider by reason of any dispute or claim by the Client and in the case of any part delivery of the Services the Client shall remain liable to pay the full price of all other Services delivered or available for delivery.
The Client shall have no right to withhold any fees payable because of any set-off, counter-claim, abatement, or other similar deduction.
The Client shall reimburse to the Service Provider immediately the entire cost of re-presenting any cheque or other instrument delivered to it in payment of any sum due by the Client or representative.
Any failure to pay on the due date will represent a breach of the Service Agreement condition entitling the Service Provider to rescind the Service Agreement for breach of condition and/or to claim damages.
Risk in and to any samples or specimens provided by the Client shall remain with the Client. Any title in and to any test results (including but not limited to any confidential information and/or other intellectual property rights) or similar shall rest with the Service Provider until all payments have been received by the Service Provider from the Client.
In the event that the Client has any queries that, at the discretion of the Service Provider, require an expert opinion, then the Service Provider shall be entitled to charge, and the Client agrees to pay, at a rate of £90.00 + VAT per hour for such an opinion according the Service Provider’s quotation.
If the Client has any queries regarding invoices, including any requests to split invoices, then the Client shall contact the customer services of the Service Provider., whose decision on such matter shall be final.
Where the instructing Client is an Individual, the following section shall apply.
Collection of any samples and subsequent analysis as part of the Services shall not be undertaken by the Service Provider unless any consent signatures of the Client, or such other information as reasonably requested by the Service Provider, is received by the Service Provider.
Where payment to the Service Provider is made by cheque, any test result or other deliverable generated by the Service Provider in providing the Services shall be made available to the Client the next working day following the Service Provider’s bank confirming that the cheque has cleared in full.
The Service Provider may offer the Client the option of payment of the Price via credit or debit card. Should the Service Provider agree with the Client that the payment of the Price be made in instalments, the Client hereby consents to the Service Provider charging the payment details it has on file for the full amounts due on the dates agreed. The Client acknowledges that the Price shall be charged and paid regardless of the Service Provider being able to communicate the Service results to the Client (e.g. the Client changes its contact details without informing the Service Provider).
All Services are to be provided by the Service Provider using all reasonable commercial endeavours with regard to any quality or accuracy communicated, subject always to the Force Majeure and Delivery provisions, below.
The Service Provider may from time to time make changes in the specification of the Services which are required to comply with any applicable safety guidelines or statutory requirements or for the purposes of a commercial reasoning by the Service Provider or which do not materially and adversely affect the quality of the Services.
The Client warrants that it is entitled to provide the Service Provider with all information and data and that it shall indemnify the Service Provider from any claims for infringement of the information or data, breaches of confidentiality or failure to comply with any data protection laws brought by any third parties.
Where the Services include the processing of data as defined in the Data Protection Act 1998 (the ‘Act’) the Service Provider acting as a processor shall use reasonable endeavours to comply with the Act and the Client shall be responsible for the delivery of any agreement required by the Act.
The Client acknowledges that the Service Provider is reliant on the Client for direction as to the extent to which the Service Provider is entitled to use and process the Personal Data (within the meaning of the ‘Act’). Consequently, the Service Provider will not be liable for any claim brought by an individual who is subject to the Personal Data arising from any action or omission by the Service Provider, to the extent that such action or omission resulted directly from the Client’s instructions
Each Party shall fully indemnify and keep indemnified the other against any and all loss, damage, costs, claims, expenses and other liabilities suffered or incurred by the other party arising from or in connection with the breach of any of its obligations under these Terms and Conditions, Service Agreement or other agreement.
It is the Client’s responsibility to provide all necessary or requested identification, materials or samples to the Service Provider and to complete fully any forms or documents supplied or requested by the Service Provider. Failure to do so may result in a delay in providing test results or inaccuracies in test results which may affect the evidential value of the test results and in such circumstances the Service Provider shall not be liable for any such delay or inaccuracy. The Service Provider shall not be liable for any failure to provide accurate, complete or other form of test results due to an insufficient, incomplete or poor quality of specimen. Any further testing may incur additional fees.
THE CLIENT’S ATTENTION IS DRAWN TO THE FOLLOWING PROVISIONS
Other than those set out herein, all warranties and conditions whether implied by statute or otherwise are excluded from these Terms and Conditions PROVIDED THAT nothing in these Terms and Conditions shall restrict or exclude liability for death or personal injury caused by the negligence of the Service Provider.
Without prejudice to the above, the Service Provider shall not be liable to the Client, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any, loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss, anticipated saving, loss or corruption of data or information, special, indirect or consequential damage suffered by the other Party that arises under or in connection with these Terms and Conditions and any Service Agreement.
The Service Provider shall not be liable for any costs, losses or damages incurred due to the actions or omissions of any third party.
The Client understands that whilst the particular testing that the Service Provider undertakes is highly accurate, as with any testing there is a possibility of error or omission. The Client therefore acknowledges and accepts that in the event of the Client being able to establish a claim for damages resulting from any act of the Service Provider whether negligent or otherwise, the Service Provider’s liability shall not exceed the cost paid for the test and agrees to keep the Service Provider and its agents, offices and employees harmless from all further claims or damages. The Client’s rights hereunder shall be subject to the Client notifying the Service Provider in accordance with these Terms and Conditions of any error or omission within 30 (thirty) days of it or its representative (whichever is the earlier) becoming aware or should have become reasonably aware of the error or omission.
The Service Provider shall be entitled without liability to destroy all samples it receives or undertakes and all information it holds concerning the documentation after the expiry of one month and concerning DNA and Hair analysis after the expiry of twelve months from the date of the test report unless otherwise requested in writing by the Client. A storage fee shall be charged to the Client.
Should a Client wish, it may make a written request (either via post to the Service Provider’s address or via email to the Service Provider) for a copy of a test report to which it has either (a) consented to have undertaken, or (b) instructed the Service Provider to undertake. Subject to all amounts from the Client having been paid in full and cleared funds, the Service Provider shall make available to the requesting party a copy of the test report. The Service Provider shall charge, and the Client agrees to pay, an administrative fee of £25 + VAT for a hard copy.
Where the Service Provider is undertaking Services for drug, EtG or FAEE analysis, the Client shall be required to provide a hair sample of at least 20 milligrams. Should the Service Provider request, the Client shall provide additional samples as necessary. Please note: The analysis times for DNA and hair analysis is 10 working days or less.
The Client hereby acknowledges that all Services are subject to a % of uncertainty and minimum cut off concentration for each analyte. The various uncertainty % and minimum cut off concentrations are attached at Schedule 1.
In the instance of a dispute arising from the toxicological results provided by the Service Provider, the ‘B’ sample (the second sample collected from the sample donor will be released for independent analysis by the Client i.e. the Legal Representative acting on the donor’s behalf, only when authorised in writing by the sample donor. Similarly, no documentation relating to the case will be released by the laboratory unless written authorisation is obtained from the sample donor. Any request must clearly identify to whom the sample or documentation should be released.
These Terms and Conditions shall not affect the statutory rights available to the Client where applicable.
Without prejudice to any other claim, right or remedy which either party may have, make or exercise against the other party whether under this Service Agreement or at law, this Service Agreement may be terminated forthwith by either party giving written notice to the other party on the happening of any of the following events:-
(a) if the other party commits any breach of any of the terms of these Terms and Conditions and any such breach, if capable of remedy, is not remedied within fourteen (14) days of receipt by the party in breach of written notice specifying the breach, provided that if the breach is remedied to the reasonable satisfaction of the party serving the notice within the said fourteen (14) days, then the notice shall be of no further effect; or
(b) if the other party, being a company, is unable to pay its debts (within the meaning of Clause 123(1) of the Insolvency Act 1986), has a receiver or administrator appointed over or in respect of any or all of its assets or undertaking or an order of the court is made or an effective resolution is passed for the winding up of the other party or as an individual becomes bankrupt.
Any delivery times provided to the Client shall be approximate as the Services specified may alter or third parties may delay delivery of products or services. The Service Provider shall not be liable for any delay in the delivery of the Services and time shall not be of the essence.
The Service Provider may cancel any agreement with the Client at any time before the Services are delivered or following delivery by giving written notice. On giving such notice the Service Provider shall within 7 days repay to the Client any sums paid in respect of the relevant Service Agreement subject to costs incurred by the Service Provider. The Service Provider shall not be liable for any loss or damage whatever arising from such cancellation.
No cancellation of the whole or any part of any order/Service Agreement by the Client is permitted (except in the circumstance whereby the Client is an individual, non-business consumer, whereby the Client may have rights under regulation 7(1) (a) (vi) of the Consumer Protection (Distance Selling) Regulations 2000 or where expressly agreed in writing by an authorised officer of the Service Provider and on terms which will indemnify the Service Provider against any loss incurred). The Service Provider reserves the right to make a charge to cover any administrative and laboratory procedures already performed prior to cancellation or that occur despite cancellation. Such charges are subject to change at the Service Provider’s discretion and are available upon request.
No title or ownership with regard to any intellectual property rights shall be transferred by a party to the other party as a result of the performance of the Service Agreement and consequently the parties retain title to all their respective intellectual property rights.
In these terms and conditions “Proprietary Information” shall mean any information or data in whatever form, nature or media disclosed by any Parties (the “Disclosing Parties) to the other (the “Receiving Parties”) pursuant to the Service Agreement or other agreements.
The Receiving Parties undertake that such information will:
(a) be protected and kept in strict confidence by the Receiving Parties which must use at least the same degree of precaution and safeguards as it uses to protect its own proprietary information of like importance, but in no case less than reasonable care;
(b) be only disclosed to and used by those persons within the Receiving Parties’ organisation who have a need to know and solely for the Service Agreement;
(c) not be used in whole or in part for any purpose other than the performance of the Service Agreement
(d) neither be disclosed nor caused to be disclosed whether directly or indirectly to any third party or persons other than those mentioned in sub-paragraph (b) above or as otherwise permitted herein;
(e) neither be copied, nor otherwise reproduced nor duplicated in whole or in part where such copying, reproduction or duplication has not been specifically authorised in writing by the Disclosing Parties.
Any Proprietary Information and copies thereof shall remain the property of the Disclosing Parties and shall be returned by the Receiving Parties forthwith upon request.
The Receiving Parties shall have no obligations or restrictions under the Service Agreement with respect to any Proprietary Information which the Receiving Parties can prove:
(a) has come into the public domain prior to, or after the disclosure thereof and in such case through no wrongful act of the Receiving Parties; or
(b) is already known to the Receiving Parties, as evidenced by written documentation in the files of the Receiving Parties; or
(c) has been lawfully received from a third party without restrictions or breach of this Service Agreement; or
(d) has been or is published without violation of this Service Agreement; or
(e) is independently developed in good faith by employees of the Receiving Parties who did not have access to the Proprietary Information; or
(f) is approved for the release or use in question by written authorisation of the Disclosing Party; or
(g) is not designated or confirmed as confidential in accordance with this Clause.
No warranty or representation is given or to be implied by the Service Provider as to the completeness, accuracy or suitability for any particular purpose of any information or data disclosed hereunder.
The termination or expiry of this Agreement shall not relieve the Receiving Parties of the obligations imposed herein in respect of Proprietary Information received prior to the date of the termination or expiry.
All participants in the testing process are entitled to a copy of the test report upon written request (an administration fee may apply).
The Receiving Parties hereby indemnify the Disclosing Parties against any claim, damage, loss, costs and/or expense of any kind incurred by the Disclosing Parties as a consequence of or in connection with any breach of this clause by the Receiving Parties and any person to whom a disclosure has been made under (b) above.
The Receiving Parties acknowledges that damages would not be a sufficient remedy for any threatened or actual breach of this Agreement and that the Disclosing party will be entitled to other remedies, including but not limited to, injunctive relief and specific performance.
The Service Provider shall be entitled to use data, results and any surplus samples submitted in any studies relating to statistical and genetic parameters for DNA testing but only in an anonymous manner to prevent the identity of any individual being traceable. Should the Client not with the Service Provider to use its anonymised information in this manner, it may either tick the box on the consent form or notify the Service Provider in writing by sending an email to firstname.lastname@example.org
Neither party shall be liable for any delay in performing nor failure to perform any of its obligations under this agreement (excluding any payment obligations) caused by events beyond its reasonable control (‘Force Majeure Event’). However any delay or failure by a representative of the Client shall not relieve the Client from liability for delay or failures except where that delay or failure is also beyond the reasonable control of the representative concerned.
The party claiming the Force Majeure Event shall promptly notify the other in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.
The party claiming the Force Majeure Event shall have its performance under this Agreement suspended for the period that the Force Majeure Event continues and the party will have an extension of time for performance which is reasonable and in any event equal to the period of delay or stoppage.
Any costs arising from the delay or stoppage will be borne by the party incurring those costs. Either party may, if the delay or stoppage continues for more than sixty (60) working days, terminate any agreement with immediate effect on giving written notice to the other and neither party shall be liable to the other for such termination. The party claiming the Force Majeure Event will take all necessary steps to bring that event to a close or to find a solution by which the contract may be performed despite the Force Majeure Event.
The Client shall not assign, transfer, purport to assign or transfer any agreement to which these Terms and Conditions apply or the benefit thereof to any other person or body whatsoever unless agreed in writing by the Service Provider.
The Service Provider may, from time to time, appoint third party service providers to assist in the delivery of the Services. The Service Provider shall use all reasonable endeavours to ensure any third party appointed is a suitable technically competent laboratory.
These Terms and Conditions contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions and any related documents and may not be varied except by an instrument in writing signed by the Client and the Service Provider. The Client acknowledge that no representations or promises not expressly contained in these Terms and Conditions have been made to the Client by the Service Provider in any agreement or by any of its servants, agents, employees, members or representatives.
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the Client or the Service Provider at their respective address as detailed in the Service Agreement or such other address as the Parties may from time to time notify the other in writing and shall be deemed to have been served and sent by post 48 hours after posting.
For the avoidance of doubt nothing contained in these Terms and Conditions or the Service Agreement shall confer on any third party any benefit or the right to enforce these Terms and Conditions or the Service Agreement except where otherwise agreed in writing by the Service Provider.
These Terms and Conditions and any Service Agreement including any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection these Terms and Conditions and any Service Agreement or their subject matter or formation (including non-contractual disputes or claims).
Name: Alpha Biolaboratories Ltd
Address: 14 Webster Court, Carina Park, Warrington. WA5 8WD
Tel: 0845 5050 001
Fax: 0845 5050 002
The UK Accreditation Service (UKAS) to the 17025 International standard for DNA Paternity, Maternity, Sibling Analysis & Drugs of Abuse Testing in Hair.
The Ministry of Justice (MoJ) to carry out parentage tests directed by the civil courts in England and Wales under Section 20 of the Family Law Reform Act 1969.
The Investors in People (IIP) Standard is a national quality standard which sets a level of good practice for improving an organisation's performance through its people.