Terms & Conditions

These terms and conditions contain important information about Your rights and obligations. Please read them carefully. We would draw Your particular attention to the provisions of condition 8.

Before making the decision to go ahead with a DNA test, it is very important that You take time to consider the implications for You and Your family and all of the possible consequences of the test. You should make sure that it is in the best interests of everyone involved and in particular any child involved. The results can sometimes be unexpected and may have important legal and emotional implications. You may therefore wish to take Your own legal advice through a solicitor or an advice agency such as the Citizens Advice Bureau before having the tests carried out. We will offer a list of organisations that may be able to provide you with help, support and guidance, should you need it.

Where a situation applies which is deemed by Us to be a non-Standard Procedure (as defined below), We will discuss this with You and make every effort to adapt the service in an appropriate manner. Such adaptation shall be agreed with You in writing, however, unless variations are expressly agreed by a director of the company, these terms and conditions will continue to apply.

DNA samples typically include cell samples from inside the mouth, hair follicle samples, and finger prick blood samples. The procedures involved are generally non-intrusive. We subscribe to and the Conditions reflect the Ad Hoc Advisory Group on Genetic Paternity Testing Services' Code of Practice.

We are accredited by the United Kingdom Accreditation to ISO/IEC 17025 for parentage testing using buccal swabs. Our license number is 2697. Crucial Genetics has been accredited by the Ministry of Justice as a body that may carry our parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.

Please note that the Conditions are available in alternative formats/languages on request. Any complaints You might have should be addressed to Crucial Genetics Limited at F1 House, Road 4, Winsford Industrial Estate, Winsford, Cheshire, UK, CW7 3QN.

  1. Definitions
    1. In these terms and conditions the following words shall be given the following meanings unless otherwise stated to the contrary.
      "The Act" means the Data Protection Act 1998.
      "Approved Supplier" means any third party that has been approved by Us as being able to carry out such elements of the Services as We may require.
      "The Conditions" means these terms and conditions.
      "The Contract" shall mean any legally binding contract for the supply of the Services by Us to You.
      "DNA Banking" means the storage of DNA samples over an agreed period of time.
      "The Kit" means sampling kit provided to You on receipt of Your order.
      "The Quotation" means the quotation supplied by Us to You, detailing the Services and the quoted cost, as at the date of the quotation, of the Services.
      "The Report" shall mean the written report provided by Us to You in respect of the Services.
      "Sample Donor" means You, or if some other person is being sampled, that person.
      "The Services" shall mean the services to be provided by Us, details of which are set out in Schedule 1 (and which shall include DNA Banking services if these are explicitly agreed as being included by Us).
      "Standard Procedure" means the sampling, profiling and analysis of DNA samples.
      "Us/We/Our" when expressed in bold, shall mean Crucial Genetics Limited having Our place of business 191 West George Street, Glasgow, Scotland, G2 2LD.
      "VAT" shall mean value added tax chargeable under English law for the time being and any similar additional tax.
      "Working Day" shall mean any day excluding Saturday, Sunday and UK Bank Holidays.
      "You/Your" when expressed in bold, shall mean the person ordering the Services subject to these terms and conditions.
    2. Condition, schedule and paragraph headings shall not affect the interpretation of these conditions.
    3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
    4. The schedules form part of the Contract and shall have effect as if set out in full in the body of these Conditions and any reference to the Contract includes the schedules.
    5. Words in the singular shall include the plural and vice versa.
    6. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
    7. A reference to writing or written includes faxes but not e-mail.
    8. Where the words include(s), including or in particular are used in these terms and conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
    9. Any obligation in the Contract on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
  2. Conditions of Sale
    1. These Conditions shall apply to and be incorporated into 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.
    2. 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 need to alter these Conditions, any such changes shall be notified to and, if you wish, discussed with You in advance.
    3. Your order or Your acceptance of a quotation for Services by Us, constitutes an offer by You to purchase the Services specified in it on these Conditions. No offer placed by You shall be accepted by Us other than:
      1. by a written acknowledgement issued and executed by Us; or
      2. (if earlier) by Us starting to provide the Services, when a Contract on these Conditions will be established. Your standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
    4. We must receive payment (if payment is by cheque, payment means it being in cleared funds) of the whole of the price for the Services before Your order will be accepted.
    5. Quotations are given by Us on the basis that no Contract shall come into existence except in accordance with condition 2.3. Any Quotation is valid for a period of 30 days from its date, provided that We have not previously withdrawn it.
    6. You are responsible for deciding on the suitability of the Services offered for any particular purpose and for the consequences arising from that particular purpose.
    7. We strongly recommend that the test part of the Services is carried out by Us in Our laboratories, or by one of Our Approved Suppliers. If You are unable to come to one of Our laboratories, We can provide You with a list of Our Approved Suppliers and You can select one to which You can visit to carry out the test. If You elect instead to carry out the test part of the Services Yourself or by use of a third party such as Your own Doctor this is likely to increase the risks of contamination of the test and may therefore affect the accuracy of the results We are able to provide. We shall not be liable for the consequences of such an inaccurate result.
    8. If You are a consumer, these terms and conditions do not affect Your statutory rights, except as so far as they are excluded and such exclusion is permitted by statute.
  3. Commencement and Duration
    1. The Services supplied under the Contract shall be provided by Us (in accordance with the provisions of Schedule 1) to You from the date of Our acceptance of You offer in accordance with condition 2.3.
    2. The Services supplied under the Contract shall continue to be supplied until completed in accordance with the Quotation or until the Contract is terminated, whichever is the sooner.
  4. Prices and Payment
    1. The charges payable by You to Us for the Services are those set out in Our relevant price list(s) for the time being at the date on which We supply You with the Quotation or You send Us Your order (whichever is the later), subject to condition 2.5. All prices are exclusive of VAT which is payable in addition at the rate for the time being in force.
    2. We reserve the right to vary the prices for the Services between the date of the Contract and the performance of the Services 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 Services.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, condition 6 below shall apply.
    3. The total price for the Services shall be the amount set out in the Quotation and must be paid to Us in accordance with condition 2.4.
    4. Any fixed price and daily rate contained in the Quotation excludes:
      1. the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom We engage in connection with the Services, the cost of any materials and the cost of services reasonably and properly provided by third parties and required by Us for the supply of the Services. Such expenses, materials and third party services shall be invoiced by Us at cost; and
      2. VAT, which shall be added at the appropriate rate. unless such items as are referred to in 4.4.1 and 4.4.2 are expressly specified as being included in the fixed price in the Quotation.
    5. Payment being made on time is a condition of the Contract.
    6. All sums payable to Us under the Contract shall become due immediately on its termination, despite any other provision. This condition 4.6 is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
    7. We may, without prejudice to any other rights We may have, set off any liability of Yours to Us against any liability of Ours to You.
  5. Provision of the Services
    1. We shall use reasonable endeavours to provide the Services in accordance in all material respects with the provisions of Schedule 1.
    2. We shall use reasonable endeavours to meet any performance dates specified in the Quotation, but any such dates shall be estimates only and time shall not be of the essence of the Contract. 20/07/06 V5.0
    3. You agree that We will be entitled to take longer than 30 days to begin Our performance of the Contract if such time is necessary in Our performance of the Contract.
  6. Cancellation/Termination & Charges Arising
    1. You have seven Working Days from the date on which We accept Your order pursuant to condition 2.3, to cancel the Contract without cause or penalty, upon serving a written notice of cancellation upon Us.
    2. If You cancel the Contract under condition 6.1, the purchase price will be returned to You as soon as practicably possible (and in any case within 30 days of Your cancelling the Contract), subject to condition 6.3.
    3. On cancellation or termination of the Contract for whatever reason, if any Kits have been forwarded to You or Your Doctor, You must return them to Us within 14 days of cancellation/termination.
    4. If the services which We are supplying to You do not exceed £1,000 in value (including VAT) then both You and We have the right to cancel this Contract at any time before the date on which We send Our Report out to You. To cancel this Contract under this clause 6.5, You must notify Us in writing and You must return to Us (or ensure that Your Doctor returns to Us) at Your own expense any Kits which have been sent out to You within [14] days of the date of Your letter of cancellation. If We cancel this Contract under this clause, We will notify You in writing and will refund any relevant fees as soon as possible and in any event within 30 days of the date of Our notification of cancellation.
    5. We reserve the right to cancel the Contract if the Services were listed at an incorrect price due to an error. Before cancelling the Contract, We will give You the option of the Contract continuing but at the correct price for the Services as We will notify to You.
  7. Your Obligations
    1. WARNING: We strongly advise that You should obtain independent legal advice about Your legal entitlement to take or obtain samples of biological material from persons other than Yourself.
    2. You warrant that You are legally entitled to perform any particular act either directly or indirectly in order to obtain the biological materials and supply them to Us or to one of Our Approved Suppliers (as the case may be) needed for analysis as part of the Services and that You are legally entitled to possession of the biological materials provided to Us.
    3. If We or one of Our Approved Suppliers carries out the test, You must provide to Us or to one of Our Approved Suppliers (as the case may be) true, accurate, current and complete information about Yourself. In particular, in order that the DNA sample may be linked with You and the Sample Donor (if different), You must provide Us or one of Our Approved Suppliers (as the case may be) with:
      1. Two photographs of the Sample Donor, signed by a professional who has known the person for more than two years or by the doctor performing the procedure if the Sample Donor provides a driving licence or passport to prove identity. The photographs will be used for identification purposes and will form part of a reliable 'audit trail' linking the sample with the Sample Donor. Their identity will be checked via their passport or driving licence anyway (if they hold either of these documents), regardless of which identification process is followed;
      2. A signed consent form from You and/or the Sample Donor, if they are competent and willing to do so. You will be consenting to the taking of the sample, the storage and the use of it by Us. If the Sample Donor is under 18, consent should also be taken from their legal guardian. If the Sample Donor is under 18, You are confirming to us that:
        1. You are the person with parental responsibility for them;
        2. The Sample Donor is either unwilling to make the decision of whether or not to consent or not competent to do so, and if they are competent to do so, that they have not refused their consent at any stage; and
        3. In the case of tests not including the mother of the Sample Donor, the mother consents to the Sample Donor being tested or (where the father has care and control of the Sample Donor, which must be confirmed in writing by a solicitor) the father consents.
      3. The full name and sex of the Sample Donor;
      4. The Address(es) and fax number(s) for Our report to be sent to;
    4. If You elect instead to carry out the test part of the Services Yourself or by use of a third party such as Your own Doctor, You and/or Your Doctor must be responsible for complying with the obligations imposed by the Human Tissue Act 2004 relating to Appropriate and Qualifying Consents (both as defined in the Human Tissue Act 2004). If You are unsure of these obligations, You should seek legal advice immediately.
    5. In any case not being a Standard Procedure, You must provide to Us or to one of Our Approved Suppliers (as the case may be) true, accurate, current and complete information as We so require in the circumstances and as We agree with You.
    6. In a case to which condition 7.4 applies, details of Our requirements will depend upon the services You wish Us to provide. As such, we will need to agree the information and materials We require at the time.
    7. Where You provide to Us or to one of Our Approved Suppliers (as the case may be) information that is inaccurate, incomplete, and not current, We have the right to terminate the provision of Services immediately without notice. In any event, We shall not be liable for the consequences of any such incorrect information that You provide to Us or to one of Our Approved Suppliers (as the case may be).
    8. In order to be able to provide the Services, We have to rely absolutely on the warranties You are giving in this condition 7. Given this reliance, You will indemnify Us and keep Us fully indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature arising from a breach of the warranties in this condition 7.
    9. You shall not, without Our prior written consent, at any time from the date of the Contract to the expiry of six months after the last date of supply of the Services, solicit or entice away from Us or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of Us in the provision of the Services.
  8. Limitation of Liability - YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
    1. Nothing in these conditions excludes or limits Our liability for death or personal injury caused by Our negligence or fraudulent misrepresentation.
    2. The following provisions set out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents, sub-contractors and third parties who carry out the Services on Our behalf) to You in respect of:
      1. any breach of these conditions; and
      2. any representation, statement or tortuous act or omission including negligence arising under or in connection with the Services.
    3. In order to be able to provide the Services, We have to rely absolutely on the accuracy of the data You supply Us with and the truth of any statements You make. Given this reliance, We shall have no liability to You for any loss, damage, costs, expenses or other claims for compensation arising from any biological material, 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 or for their treatment or exposure to any conditions in the course of carriage from You to Us. Risk of loss and damage is on You.
    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. Subject to 8.4 and 8.5:
      1. Our total liability in contract, tort (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 that 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 savings, business opportunities or goodwill.
        3. payments to any child or for the benefit of any child (or a failure to claim the same), including but not limited to financial provisions, ailment, maintenance, inheritance, subsistence, contributions to upkeep or liability therefore, past or future, whether paid voluntarily or by order of a Court).
    6. 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.
  9. Data Protection and Confidentiality
    1. In the case of Familial Kinship Analysis, You confirm that You consent to Us processing Your personal data (as defined in the Act) under the Act.
    2. In the case of Defence Analysis or Police Analysis You confirm that either:
      1. the data subject (as defined in the Act) has given his explicit consent to the processing of his personal data; or
      2. At least one of the other conditions in Schedule 2 of the Act is met (and, in the case of sensitive personal data (as defined in the Act), at least one of the conditions in Schedule 3 of the Act is also met).
    3. In the case of Human Remains Analysis, if any living persons are to be involved in the provision of the Services and be data subjects for the purposes of the Act, You confirm that either:
      1. the data subject (as defined in the Act) has given his explicit consent to the processing of his personal data; or
      2. At least one of the other conditions in Schedule 2 of the Act is met (and, in the case of sensitive personal data (as defined in the Act), at least one of the conditions in Schedule 3 of the Act is also met).
    4. The Subject matter of this Contract, the samples taken and the Report shall remain confidential and shall not be disclosed nor used by Us without Your consent for any unauthorised purpose. Notwithstanding the foregoing and subject always to the provisions of the Data Protection Act 1998, the existence of the Contract (but not Your personal details) may be divulged by the Us for bona fide marketing purposes. 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 the samples to be processed or the Results provided without having obtained Your written consent.
    5. You hereby acknowledge that there may be circumstances where a Court of Law or other competent authority requires Us to disclose any proprietary data and other information concerning the samples to be processed or the Results provided and You hereby provide Us with your consent to comply with such requests.
    6. You can find a full copy of Our Privacy Policy at www.crucialgenetics.com//privacy-policy.htm or You can request a copy of Our Privacy Policy from Us in writing.
  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 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/recission You may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Conditions.
    3. The Contract is made for the benefit of the parties to it and (where applicable) our successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
    4. You will indemnify Us against all claims, costs, losses and expenses (including legal expenses) We incur as a result of Your negligence or breach of the Contract or the negligence of any person for whom You are responsible in law.
    5. We shall have no liability to You under the Contract if We are prevented from or delayed in performing Our obligations under the Contract or from carrying on Our business by acts, events, omissions or accidents beyond Our reasonable control, including (but not limited to) strikes, lock-outs or other industrial disputes (whether involving Our workforce or that of any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
    6. If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force. 20/07/06 V5.0
    7. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
    8. A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
    9. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
    10. Any notice given under the Contract shall be in writing, sent to the address or fax number given by the receiving party and shall be delivered personally, sent by fax or sent by pre-paid, first-class post or recorded delivery. A notice is deemed to have been received, if delivered personally, at the time of delivery, in the case of fax, at the time of transmission, in the case of pre-paid first class post or recorded delivery, 48 hours from the date of posting and, if deemed receipt under this condition 10.9 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a Working Day), at 9.00 am on the first Working Day following delivery.
    11. The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
    12. 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 with the Contract or its subject matter.

Schedule One

  1. We will provide the Services to You as detailed in the Quotation.
  2. The different services currently available include:
    1. Paternity testing - sampling and analysing DNA in order to determine whether or not a person is the father of a particular child.
    2. Family relationship testing - sampling and analysing DNA in order to determine whether or not two (or more) people are biologically related.
    3. Forensic testing - various crime-related testing and analysis;
    4. Human remains analysis - profiling the DNA of deceased persons to establish their identity.
    5. Pre-disposition testing, diagnostics and research - carrying out DNA analysis on human samples looking for genetic markers related to disease (We only offer these types of services to organisations/companies);
    6. Diagnosing illness through DNA analysis (again, this service is not available to individuals);
    7. Animal testing (which can include paternity/family relationship testing, predisposition testing; blood stock analysis, pedigree analysis and coat colour analysis);
    8. Any other research services based around DNA.
    Advice
  3. In the case of many tests and in particular paternity and family relationship testing:
    1. You should be aware that the result of the test may well differ from the result You were expecting, and this can cause distress and anguish to all parties involved.We advise You to be certain that going ahead with the test is in the best interests of all those involved and especially the child; and
    2. We recommend that You seek independent advice and/or counselling before the test if You are at all uncertain as to whether to continue with the testing process. The person taking the sample (if Us or one of Our Approved Suppliers) will be able to provide a list of independent advisors prior to the test.
    The Testing Process
  4. If We or one of Our Approved Suppliers is carrying out the test, it will follow the following procedure:
    1. We/Our Approved Supplier will ensure that the information referred to in condition
      1. above is recorded, before carrying out the test.
    2. We/Our Approved Supplier will ensure that all those involved in the process (to the extent required by law):
      1. are fully informed of and understand the nature, purpose and potential consequences of the test, the processes involved in the test and the sources of help and guidance available to them;
      2. consent to it being done (the test will not take place until all relevant consent forms have been signed);
      3. are aware of, have read and understood and consent to these Terms and Conditions;
      4. have confirmed their consent in writing on the relevant consent forms; and
      5. have indicated how they wish the results of the test to be communicated to them.
    3. The DNA sample will then be taken with a 'buccal' swab, which simply involves swabbing the inside of the mouth.
    4. Upon being safely returned to Us, Your DNA profile and those of any other people tested will be built using PCR techniques from the buccal swabs.
    5. In the case of forensic tests, We require the full co-operation of all those involved to be able to properly carry out the Services. This includes (but is not limited to) providing Us with all information that we request in order to carry out the Services.
    6. Once all of the relevant profiles have been successfully built, they will be compared to determine paternity of the child or such other relationship/information as agreed with Us.
    7. You can expect to receive the test results approximately 10 working days after We receive the DNA samples in our laboratories in Glasgow. No results will be given over the phone.
  5. As part of the Services, We shall provide You with the Report, detailing the results of our analysis. Production of the Report is subject to the biological material being fit for its purpose at the time of the analysis and the test being carried out by Us at Our Laboratories, or by one of Our Approved Suppliers. If We do produce a Report, We may send this to You either by post or by fax, as You indicate to Us on Your consent form.
  6. The Report will be in the following form (depending on the Services provided by Us):
    1. In the case of paternity tests, the Report will say with 100% accuracy that the tested man is not the father, or confirm with 99.999% accuracy that he is the father. This is the most accurate form of paternity testing available;
    2. In the case of family relationship tests, the Report will give results in terms of a probability of the people being related, which will be expressed as being probable, improbable or inconclusive.. The relevant accuracy levels may change depending on the type of comparison to be carried out. In some circumstances, family relationship tests will prove to be inconclusive, in which case the results will state this;
    3. In the case of forensic tests, the Report will detail Our findings from analysis of raw data created by the prosecution, looking for (depending on Your instructions):
      1. any discrepancies between reference samples and the reference samples We create from the accused and the complainer;
      2. any discrepancies between the profiles We create and the profiles the prosecution create from scene of crime productions;
      3. confirmation of whether the DNA from scene of crime productions is that of the accused/complainer/unidentified persons. Please note that, in the case of forensic tests, We cannot guarantee that scene of crime productions or swabs taken at the time of investigation will produce DNA. In these circumstances, our test may prove to be inconclusive or impossible to carry out, and therefore a Report will not be provided (We will merely confirm to You what We have/have not been able to do). Equally, We are not able to guarantee that We will receive full co-operation from the Police/other authorities in terms of the access we need to analyse relevant items. Again, in these circumstances, our test may prove to be inconclusive or impossible to carry out, and therefore a Report will not be provided (We will merely confirm to You what We have/have not been able to do).
    4. In the case of human remains analysis, the Report will detail Our findings, and if we have been able to confirm the identity of the deceased person. Please note that, in the case of human remains analysis, the DNA matter to be tested can vary in age and quality and the identification rate is usually very low. If We have been unable to carry out the required analysis, Our Report will state this.
    5. Pre-disposition
    6. Diagnosis
    7. Animal
    8. In the case of any other service We carry out for You, We will agree the contents of the Report with You in the Quotation.
  7. Any analysis provided by Us as part of the Services is prepared solely for Your use. We make no representation, express or implied, that the result of such analysis is fit for any purpose other than providing a genetic comparison between biological material supplied to Us by You.
  8. You must not show the Report to anyone else without drawing their attention to this paragraph and paragraphs 5, 6 and 7 above and We accept no liability to anyone other than You in connection with the Report.
  9. All biological materials supplied to Us by You may be unrecoverable due to the laboratory procedures required to carry out the necessary tests which form part of the Services and You accept that, if destroyed or damaged We may be unable to return such materials to You. Notwithstanding this, We shall be entitled to destroy (without penalty or further notification to You) all samples received from You or derived from these samples after three months from the date of the Report any associated results or other documentation after twelve months from the date of the Report unless otherwise agreed in writing between Us and You.
  10. If We have agreed to provide DNA Banking services to You they will be provided subject to these Conditions (where appropriate). We will agree with You at the time of providing Our quotation the length of time We provide DNA Banking services to You and the cost of such services.
  11. We reserve the right to sub-contract any element of the Services to a third party. In particular, We have a database of Approved Suppliers and if agreed by Us in the Quotation, such an Approved Supplier may carry out the testing processes involved in the Services.
  12. Any dates quoted by Us to You for the provision of the Services are approximate and do not have any contractual effect, and shall not be treated as being of the essence of the Contract.
  13. We make no representation, express or implied, that the result of analysis as set out in the Report is fit for any particular purpose. In particular, if You wish to use the Report or the result of Our analysis in any court proceedings then We recommend that You obtain independent legal advice as to whether such evidence will be admissible or not. We make no representation as to its admissibility or, if admissible, likelihood of being accepted by the Court.
  14. If any Kits are supplied by Us to You as part of the Contract, You must keep the Kits in Your possession prior to their 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 upon You notifying Us of such damage or refund You for the price paid. If the Kits are damaged or the box seals broken whilst in Your possession or on return to Us, You will be liable to pay the full purchase price or part thereof, depending on whether We are able to remedy the damage caused.

20/07/06 V5.0

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