For expert advice on Paternity Testing, call Crucial Genetics on 0870 88 88 0 88

Terms & Conditions

• Paternity Testing
• Animal Healthcare Testing

This document as referred to in the attached Consent Form sets out the terms and conditions under which We will provide our Animal DNA testing and storage service to You.

IN PARTICULAR, WE ARE UNABLE TO ADVISE YOU PRIOR TO CARRYING OUT OUR ANALYSIS WHAT RESULTS MAY BECOME AVAILABLE FROM THE TESTING OF THE ANIMAL DNA SAMPLE AND BY SIGNING THE CONSENT FORM YOU UNDERSTAND AND ACCEPT THAT WE MAY BE UNABLE TO PROVIDE YOU WITH THE TYPE AND/OR RANGE OF RESULTS, ANSWERS OR ANALYSIS YOU ARE LOOKING FOR ONCE WE HAVE UNDERTAKEN THE ANALYSIS. WE THEREFORE MAKE NO REPRESENTATION, EXPRESS OR IMPLIED, THAT THE RESULTS OF ANY ANALYSIS ARE OR WILL BE FIT FOR ANY PURPOSE OTHER THAN PROVIDING AN ANALYSIS OF THE ANIMAL DNA SAMPLE PROVIDED BY YOU IN SO FAR AS WE ARE ABLE TO DO SO.

These terms and conditions are based on the situation where animal DNA samples are collected (in accordance with the procedure specified in these Conditions) by You or a third party Veterinary Surgeon appointed by You from animals for the purpose of animal DNA analysis and storage.

1. Definitions
1. In these terms and conditions the following words shall be given the following meanings unless otherwise stated to the contrary.
   "The Conditions" means these terms and conditions, together with the Consent Form.
   "The Contract" shall mean any legally binding contract for the supply of the Service by Us to You.
   "The Kits" means sampling kits provided by Us to You or a third party Veterinary Surgeon appointed by You on receipt of Your order.
   "The Report" shall mean the written report containing the results provided by Us to You in respect of the Service.
   "The Service" shall mean the service details of which are set out in the Appendix to these Conditions.
   "Us/We/Our" shall mean Crucial Genetics.
   "You/Your" shall mean the person referred to in the Consent Form ordering the Service subject to these Conditions.
2. Conditions of Sale
1. These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms and conditions which You may purport to apply in respect hereof. For the avoidance of doubt all provision of the Services made by Us are made on these Conditions. No variation of these Conditions will be binding on Us unless confirmed in writing by one of Our directors. We may from time to time alter these Conditions at Our discretion and any such changes shall be notified to You.
2. You are responsible for deciding on the suitability of the Service offered for any particular purpose and for any consequences arising from the provision of the Service by Us.
3. Collection of the required animal DNA Yourself without use of a qualified veterinary and/or any failure to follow the sample collection procedure detailed in the Kit by You or any third party is entirely at Your own risk and will increase the risks of contamination of the sample and may therefore affect the accuracy of the results generated by Us. We shall not be liable for the consequences of such an inaccurate result or Your failure to follow the sample collection procedure.
4. We are unable to advise You prior to carrying out Our analysis of any sample what results may become available or may be achievable from the testing of the sample. You therefore understand and accept that We may be unable to provide You with the type and/or range of results, answers or analysis You are looking for once We have undertaken the analysis. No refunds are available once the analysis has been carried out.
3. Prices, Payment and Delivery
1. The charges payable by You to Us for the Service are those set out in the current relevant price list(s) supplied by Us to You. All prices are subject to VAT which is payable at the current rate in force from time to time.
2. We reserve the right to vary the prices for the Service between the date of the Contract and the performance of the Service in the event of and to the extent of any increase in the cost of labour or materials or any delay howsoever caused by any other variation in the costs to Us of providing the Service. We shall notify You of any changes to the advertised price and You will have a right to proceed with or cancel the order within seven days of the notification. In the event that You wish to cancel the order, Clause 4 of these Conditions shall apply.
3. We must receive payment of the whole of the price for the Service before Your order can be accepted. Our acceptance of Your order brings into existence a legally binding Contract between Us and You in accordance with these Conditions. No Report or any results will be issued by Us to You unless payment in full has been made by You.
4. Cancellation/Termination & Charges Arising
1. If You are a consumer as defined in Section 12 of the Unfair Contract Terms Act 1977 You have seven (7) working days (excluding Saturday and Sunday and UK Bank Holidays) from the date on which We accept Your order pursuant to Clause 3.3, to cancel the Contract without cause or penalty, upon serving a written notice of cancellation upon Us.
2. If You cancel the Contract pursuant to Clause 4.1 the purchase price will be returned to You as soon as practicably possible, and in any event within thirty (30) days of Our receipt of Your notice of cancellation of the Contract.
3. On cancellation for whatever reason, if the Kits have been forwarded to You, You must return the same to Us within fourteen (14) days of cancellation. You must keep the Kit in your possession prior to its return to Us and in good condition and with the box seal unbroken. If the Kits are damaged on delivery to You then We will replace or exchange any such Kits, or refund You for the price paid. If the Kits are damaged or the box seals broken on return to Us, You will be liable to pay the purchase price or part thereof.
4. We reserve the right to cancel the Contract if the Services were listed and/or quoted at an incorrect price due to a typographical error.
5. Provision of the Services
1. The Service will be provided in accordance with the details set out in the Appendix.
2. The Service provided by Us is undertaken solely for You and the Report and/or any results are solely for Your use. We make no representation, express or implied, that the results of the animal DNA test are fit for any purpose other than providing an analysis of the animal DNA sample provided by You in so far as We are able to do so.
3. We shall provide You with a Report detailing the results of the animal DNA test. Subject to the animal DNA sample being fit for its purpose and having been collected in accordance with the collection procedure at the time of the analysis and the test being carried out by Us at Our laboratories the results are subject to the margin of error detailed in the Report. You understand and acknowledge that the accuracy of the results will be affected by the age and condition of the sample and You accept that the margin of error may be higher in these circumstances. Our liability in such a situation shall be limited to the same extent as per Clause 7. Without prejudice to Your statutory rights no further undertaking is given, made or implied in relation to the results of the tests undertaken by Us and You hereby accept that the analysis of animal DNA carried out by Us may not provide the type or accuracy of results You require.
4. You acknowledge, agree and understand that each animal DNA sample supplied to Us by You is unrecoverable and cannot be returned to You due to the laboratory procedures required to carry out the Service.
5. We reserve the right to use any third party of Our choice to undertake any aspect of the laboratory services in connection with the Services.
6. Any dates quoted by Us to You for the provision of the Services are approximate and do not have any contractual effect, and You hereby agree that time shall not be treated as being of the essence of the Contract. We shall not be liable to You for any loss or damage whatsoever, whether direct or indirect, howsoever caused or occasioned by any delay in the performance of the Service.
7. We make no representation, express or implied, that the results of any analysis as set out in the Report are or will be fit for any particular purpose. If You wish to use the results of Our analysis of any sample in any court proceedings then We recommend that You obtain independent legal advice.
6. Your Warranties and Indemnity
1. You warrant and represent to Us that You are legally entitled to perform any particular act either directly or indirectly in order to obtain the animal DNA sample and supply it to Us for purposes of Our undertaking the Service on Your bahalf and that You are legally entitled to possession of the animal DNA sample You have provided to Us.
2. You will indemnify Us and keep Us fully indemnified against any and all costs, claims, demands, expenses and liabilities of whatsoever nature arising from a breach of any of the warranties and representations set out in Clause 6.1.
7. Warranty / Disclaimer
1. We shall carry out the Services with reasonable care and skill.
2. The following provisions set out Our entire financial liability (including any liability for the acts or omissions or Our employees, agents, sub-contractors and third parties who carry out any aspect of the Services on Our behalf) to You in respect of:
   1. any breach of these Conditions; and
   2. any representation, statement or tortuous/delictual act or omission including negligence arising under or in connection with the Services.
3. We shall have no liability to You for any loss, damage, costs, expenses or other claims for compensation arising from your collection and supply to Us of or Your use of any animal DNA sample, Your use of the Report and/or the results, instructions or information supplied by You which are incomplete, incorrect, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of Yourself or parties acting on Your behalf.
4. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
5. Nothing in these conditions excludes or limits Our liability for death or personal injury caused by Our negligence in connection with the provision of the Services.
6. Subject to Clauses 7.4 and 7.5:
   1. Our total liability in contract, tort/delict (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the Services shall be limited to the price payable by You under the relevant Contract; and
   2. We shall have no liability for any losses or damages (howsoever arising) which may be suffered by You or any other person, whether the same are suffered directly or indirectly or immediate or consequential, which fall within the following categories:
      1. Special damage even though We were aware of the circumstances in which such special damage could arise;
      2. Loss of profits, anticipated profits and/or savings, business opportunities or goodwill.
   3. We shall not be liable to You or be deemed to be in breach of these Conditions by reason of any delay in providing the Services, or any failure to provide the Services, if the delay or failure was due to any cause beyond Our reasonable control.
   4. If You are a consumer as defined in Section 12 of the Unfair Contract Terms Act 1977 nothing in these Conditions shall affect Your statutory rights.
8. Confidentiality / Data Protection
1. The subject matter of any Contract and the Report shall remain confidential and shall not be disclosed nor used by Us without Your consent for any unauthorised purpose. For the avoidance of any doubt, except where You are required by law to do so the content and subject matter of these Conditions and Our identity shall also remain confidential and shall not be published or otherwise disclosed or used by You for any reason or purpose without Our express written permission.
2. Notwithstanding the foregoing and subject always to the provisions of the Data Protection Act 1998, the existence of the binding agreement between us (but not any personal details) may be divulged by Us for bona fide marketing purposes. However, We shall not disclose to third parties other than as required by a Court of Law or other competent authority any proprietary data and other information concerning You, the animal DNA sample or the results provided without having obtained Your written consent.
9. Invalidity / Severability
1. If any part of these Conditions is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of these Conditions will not be affected.
10. General
1. The Contract is made between Us and You and shall not be assignable by You. We may sub-contract the performance of the Contract in whole or in part.
2. These Conditions represent the whole agreement and understanding between You and Us. You acknowledge that You have not entered into this Contract in reliance upon any warranty or representation made by Us or any other person and You waive any rights to damages/rescission You may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Conditions.
3. You shall indemnify Us (and keep us indemnified) against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against Us arising out of the provision of the Service save for any negligent act or omission by Us.
4. Clause headings are for information purposes only and do not affect the interpretation of or form part of these Conditions.
5. This Contract, its construction and all and any disputes or litigation arising therefrom shall be governed by Scots Law and subject to the exclusive jurisdiction of the Scottish Courts.

APPENDIX 1: THE SERVICE

Crucial Genetics will analyse and compare DNA profiles from the animal or animals specified by You and agreed by Us.

The DNA profiles will be built from samples obtained using Our sampling Kits and using polymerase chain reaction (PCR) techniques.

We will perform the DNA analysis for the purpose(s) specified in these Conditions.The results of the analysis will be communicated in the Report, to be sent first class to You, the person signing the Consent Form. If additional copies of the Report are required, these should be requested by You when the test is commissioned. Other than where We are providing DNA secure storage services to You all DNA samples are irrecoverable and cannot be returned by Us to You due to the laboratory techniques used to carry out the analysis.

15/07/07 V7.0