Terms and Conditions(Private Client)
1.1 The "Company" is IDNA Genetics Ltd (t/a Anglia DNA Services).
1.2 The "Client" is the client ordering the Company's Testing
Service for Drug, Alcohol or DNA testing.
1.3 For Drug and Alcohol testing, the “Donor” is the individual who
will consent to give samples to be tested for drug and alcohol substances.
1.4 The "Nominated Person" is the person named on the Sampler
Statement to whom
the test results will be given in the first instance. It is their responsibility to pass results to relevant parties.
1.5 The "Sampler", otherwise “Collector”, is the person who
takes the samples. A Sampler must be at least 18 years of age, be unrelated to
those being tested and have no interest (financial or otherwise) in the outcome
of the test. A Sampler must be one of the following:
(a) a registered
medical practitioner, GP
registered nurse or registered biomedical scientist who is under the
supervision of a registered medical practitioner (for example, a practice
authorised member of Anglia DNA’s staff
drug and alcohol testing can be any of the above or one of the following:
(d) a registered nurse
(e) an authorised Anglia DNA Sampler
(f) a Phlebotomist
1.6 The "Service" is any one or more of the following Drug,
Alcohol or DNA testing services.
1.6.1 For DNA testing, the “Standard Service” refers to the timescale
involved in the process of receiving, analyzing and reporting DNA test results.
The “Express Service” is the faster service offered by the Company. The
“Specialist Service” is the highly specialized service provided by the Company
for difficult cases, for example where the type or quantity of biological
sample makes the extraction of DNA especially complex and difficult. The
Specialist Service may also be an Express Service.
1.6.2 The "Legal Test
Service" is the service offered by the Company for court cases and other
legal purposes. Samples are taken by a Sampler, the "chain of
custody" is maintained and the identity of those tested verified. This
procedure for sample collection should be followed where results of Drug,
Alcohol or DNA tests are required to be used as evidence in court, or are
likely to be used in future proceedings, or are required for any other legal
1.6.3 The "chain of
custody" is the process by which from the moment the sample is taken (by
for example a GP, at the same time as ID documents are submitted) to the time
the Company receives the sample for testing, the sample remains in the custody
of responsible or professional persons who can account for the integrity of the
sample received by the Company.
1.6.4 A "Sampler Service" is the service offered by the Company
for the collection of samples by authorised personnel.
1.7 The "Order for Services" is the placing of an order for
the Company's Services,
whether the order is made in person, by telephone, letter, electronic mail,
order form or any other method.
1.8 The "Price" is the price as set out in the current price
list for the Company's Services.
1.9 The "Kits" are the sampling kits provided by the Company
to the Sampler.
1.10 Where an “Administrative
Fee” is payable, this will not exceed £50.
1.11 All agreements on the part
of the Client which comprise more than one person or entity shall be joint and
1.12 The headings contained in these terms and conditions are for
only, should not be incorporated into these terms and conditions, and shall not
be deemed to be any indication of the meaning of the clauses to which they
1.13 The neuter singular gender
throughout these terms and conditions shall include all genders and the plural
and the successor in title to the parties.
2 Application of these terms and conditions
2.1 These terms and conditions shall apply to the exclusion of all
other terms and conditions including any which the Client may purport to apply
under any agreement, purchase order, confirmation of order or similar document.
No conduct by the Company shall be deemed to constitute acceptance of any terms
put forward by the Client. If any terms are provided by the Client then the
Company's terms and conditions shall be deemed to be prior or subsequent to
such Client terms to the benefit of the Company.
2.2 All Orders for Services shall be deemed to be an offer by the
Client to purchase the Services pursuant to these terms and conditions.
Acceptance of the Services shall be deemed conclusive evidence of the Client's
acceptance of these terms and conditions.
3 Extent of these terms and conditions
3.1 No conditions other than those contained in these terms and
conditions shall be deemed to be incorporated in or form part of these terms
and conditions, except:
3.1.1 specific terms agreed in writing between the Client and the Managing
Director or those
authorised by him to agree such terms; or
3.1.2 specific representations made in writing by the Managing Director or
authorised by him to make such representations.
3.2 Nothing in these terms and conditions shall have the effect of
excluding or limiting the Company's liability for:
3.2.1 death or personal injury
caused by the Company's negligence, or the negligence of the Company's
employees acting in the course of their employment;
3.2.2 any fraudulent misrepresentations made by the Company upon which the
Client can be shown to have relied when entering into contract with the
3.2.3 or any other liability that the Company cannot exclude by law.
3.3 If any part of these terms and conditions are deemed unreasonable,
void or otherwise unenforceable in any legal, arbitration or similar
proceedings, it is the intention of the parties that the enforceability of the
remaining parts of these terms and conditions will not be affected.
3.4 Subject to clause 3.1 above, each party acknowledges that these
terms and conditions contain the whole agreement between the parties and the
Client has not relied upon any oral or written representation made to them by
the Company or its employees or agents.
4 Company's responsibilities
4.1 The Company will carry out tests to the standards of an accredited
laboratory (ISO 17025), and will endeavour to make the results
of the tests available to the Nominated Person within the times specified.
DNA Testing, the Company will adhere to the codes of practice for testing
laboratories as required by the Ministry of Justice when undertaking parentage
tests directed by the civil courts in England
under Section 20 of the Family Law Reform Act 1969.
4.3 If the sampling Kits delivered by the Company to the Sampler are
damaged on arrival or the sterile packs have been compromised, new ones will be
supplied by the Company free of charge. The defective Kits should be returned
in the pre-paid envelope clearly marked as faulty, for disposal by the Company
or return to suppliers.
4.4 The Client acknowledges that any testing carried out could
possibly give an inconclusive result. Whether a result is inconclusive will not
become apparent until the test has been completed.
4.5 The Client understands that whilst the particular testing that the
Company 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 Company whether negligent or otherwise, the
Company's liability shall not exceed the cost paid for the test and agrees to
keep the Company and its agents, officers and employees harmless from all
further claims or damages. The Client's rights hereunder shall be subject to
the Client notifying the Company of any error or omission within thirty days of
the test report being posted to the Nominated Person (or within thirty days of
the results being issued if the report was not posted).
4.6 The Company shall not be liable for any loss or damage suffered
by the Client or any other person as a consequence of reporting the test
results to the Nominated Person or other authorised persons, unless the Company has been negligent.
4.6.1 Any liability arising under this clause (4.6) will be limited to the
cost of the Service contracted for.
4.7 The Company shall not be liable for any failure or delay in the
performance of its testing Services through causes beyond its control,
including but not limited to an act of God, flood, drought, storm, war, industrial
action, strike, lockout, breakdown of systems or network access, fire,
explosion, terrorism, sabotage or other event beyond the Company's control.
4.8 Under the Data Protection Act 1998, the Company will only obtain,
use, process and disclose personal information about the Client and those
persons being tested in order that it may discharge its responsibilities in
providing the Service contracted for, and for other related purposes including
updating Client records, analysis for statutory returns, crime prevention and
legal and regulatory compliance. In accordance with the Data Protection Act,
the Client and the persons tested have a right to a copy of personal data held
about them by the Company and such data can be obtained by them on payment of
an administrative fee.
4.9 The Company reserves the right to refuse its Services if it has
reasonable grounds for believing:
4.9.1 that the samples were or
will be obtained illegally; or
4.9.2 that the results will be
used for an illegal, immoral, improper or unethical purpose.
The Company also reserves the right to refuse its
4.9.3 there is a conflict of interest
with an existing Client; or,
4.9.4 the quality of the Company's
Services might otherwise be compromised,
for example if the volume of work requires that no new cases could be taken for
a specified period except in an emergency; or
4.9.5 it has other reasonable
grounds for doing so.
4.10 The test reports provided by the Company are not necessarily for the
Client or the Client's use and will be given to the Nominated Person. For DNA
testing, the Client has no automatic right to the results without the consent
of all persons tested. See also clause 4.12 below.
4.11 Written reports will be sent by email or posted by First Class Mail
to the Nominated Person as agreed with the Client.
4.11.1 For DNA testing, where an
express service has been ordered, test results may also be obtained by the
Nominated Person by contacting the Company by telephone.
4.11.2 For all other Services,
results may be obtained over the telephone or via email by the Nominated Person
at the Company’s discretion.
4.12 The Company reserves the right to issue results to and/or to
discuss results with:
(a) all persons tested; or
(b) where the person tested is a child, the mother or
other person with Parental Responsibility for the child
where the Nominated Person or other authorised person has failed without reasonable excuse to pass on the results to
those tested. For further information, see our Code of Practice.
4.13 The Company aims to provide
a high quality service at all times. If the Client is not satisfied with the
service they have received they should put their complaint in writing to the
Company's Client Services' Department (full contact details for the Company are
to be found at the end of these terms and conditions).
4.13.1 The Company will endeavour to look into any complaint carefully and promptly and to explain the
position to the Client. If the Client feels that the Company has given a less
than satisfactory service, the Company will endeavour to address the Client's concerns.
5 Client's/Donor’s responsibilities
5.1 The Client is responsible for ensuring the
return of all required documents, including consent forms and statements (where
applicable). Where these documents are not returned (duly completed), the
Company will be unable to comply with its obligations under these terms and
conditions and in this event the Company shall have no further liability to the
Client until or unless the documents are submitted.
5.1.1 If as a result of a failure on the part of the
Client (or their chosen Sampler) to return the required documents, the Company
is obliged to cancel the Order for Services, the Company reserves the right to
charge an administrative fee.
5.2 For Drug and Alcohol tests, the Donor is responsible for attending
the Sampling appointment.
5.3 On request, the Company will endeavour to give as much information as possible to the Client about the
Services it provides and the fullest picture of what the results do and do not
show, but the Client must decide whether or not the Service offered by the
Company is suitable for any particular purpose and is advised by the Company to
take legal or other advice if necessary.
5.4 Where the Client does not take advantage of the Sampler Service
provided by the Company, it is the Client's responsibility to choose a Sampler
and, whilst the Company will make every effort to ensure that Samplers have all
the information and assistance they need to adequately carry out the collection
of samples, the Company cannot be held responsible for the acts or omissions of
the chosen Sampler.
5.5 The Client is responsible for any fees charged by the Sampler for
collecting and returning the samples.
5.6 The Client is responsible for ensuring that they (or their
Sampler) are legally entitled to possess and obtain the biological samples
passed to the Company for analysis.
5.6.1 The Client agrees to
indemnify the Company against all claims, expenses and any loss or damage
suffered by the Company as a result of the Client (or their Sampler) passing to
the Company any samples which were not legally obtained.
5.6.2 The Company strongly
advises that the Client obtains independent legal advice about their
entitlement to take or obtain samples of biological material from persons other
5.6.3 The Company makes no representation that the Client is legally
entitled to perform any particular act in order to obtain biological samples
5.7 The Client undertakes that all information provided to the Company
for the purpose of ordering the Service is correct.
5.8 The Client warrants that they are entitled to provide the Company
with all information and data and shall indemnify the Company against 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
5.9 It is the Client's responsibility to provide or ensure that the
persons tested provide all necessary or requested identification, materials or
samples to the Company and to complete fully any forms or documents supplied or
requested by the Company. Failure to do so may result in a delay in providing,
or inaccuracies in, test results which may affect the evidential value of the
test results and in such circumstances the Company shall not be liable for any
such delay or inaccuracy. The Company shall not be liable for any failure to
provide accurate, complete or other form of test results due to insufficient,
incomplete or poor quality of specimen. Any further testing may incur
5.10 The Client is responsible for ensuring that the Nominated Person is aware
of the need for confidentiality and that they should not disclose the contents
of the report to anyone other than those authorised by the persons tested. See also clause 4.12 above.
5.11 The Client should only enter into contract with the Company if they
are willing to be bound by these terms and conditions.
6 Fees for Services
6.1 The Price of the Company's Services are those set by the Company
and revised from time to time, and are detailed in the Company's current price list.
The Company's price list is available on request.
Specialist Service will be charged on an individual basis taking into account
the complexity, nature and amount of work involved.
6.2.1 When the Specialist Service is also an Express Service the
price and date for reporting will be adjusted accordingly.
7 Payment– Private Clients
7.1 Payment for the Services must be made in
advance. Payment can be made by telephone, bank transfer or cheque.
8 Payment – Business Clients
8.1 The Company will issue an invoice for the Services which must be
paid in accordance with the payment terms therein. Payment terms are 30 days net.
8.2 Any application for legal aid does not affect our payment terms.
Clients claiming legal aid are asked to submit their claim on receipt of their
invoice to avoid delays.
8.3 Split invoicing will be carried out free of charge in the first
instance, however if the Client requests any subsequent changes the Company may
charge an administration fee of £30 + VAT. Whilst split invoicing is provided
for your convenience, the instructing party remains ultimately liable for the
full cost of the Services provided.
8.4 Any administration or cancellation fees will be invoiced to and are
the sole responsibility of the instructing party.
8.5 If payment is not made to us in accordance with our terms by the
due date of the payment, then interest will be charged on the overdue amount at
the rate of 4% per annum above Lloyds Bank PLC’s base rate as amended from time
to time. Such interest shall accrue on a daily basis from the payment due date
until payment is received, whether before or after judgment. The interest shall
be paid together with the overdue amount.
9.1 If a Client wishes to cancel the Order for Services:
9.1.1 They should contact the Company and inform them of the
desired cancellation immediately.
9.1.2 Return of any used or unused kit(s) will be arranged.
9.1.3 Any Sampler fees incurred will be payable.
9.1.4 Depending on the amount of administrative work already
carried out, an administrative charge not exceeding £50 + VAT may be invoiced
at the Company’s discretion.
9.1.5 If the scientific analysis of the samples has commenced full
charges will apply.
Time and the Express Service
10.1 Except where the Express Service is undertaken, dates given by the Company
for the completion of analysis and reporting of results are for guidance only
and are not of the essence of the contract, and the Company shall not be liable
to the Client for any loss or damage direct or indirect caused by a delay.
10.2 If in providing the Express Service, the Company fails to complete
the sample-analysis and report the results to the Nominated Person in the time
specified for the Express Service, subject to 10.3 below the Client will be
entitled to a refund of the additional sum paid for the Express element of the
Service contracted for, that is the difference between the Express Service and
the Standard Service for that particular Service.
10.3 If the Express Service is also a Specialist Service, the usual
timescale of the Express Service will be extended to allow for the extra work
11 Insufficient or contaminated samples
11.1 At the Company's discretion, where an insufficient or contaminated
sample has been provided, the Company may offer a repeat test at a reduced fee
or free of charge.
12.1 Risk in and to any samples or specimens provided by the Client (or
their chosen Sampler) shall remain with the Client. Any title in and to any
test results or similar shall rest with the Company until all payments have
been received by the Company from the Client.
13.1 Any delivery times provided to the Client shall be approximate as
the Services specified may alter or third parties may delay delivery or products
or services. The Company shall not be liable for any delay in the delivery of
the Services and time shall not be of the essence.
14 Use of samples for method
14.1 The Client accepts that any
samples submitted for routine analysis may be included in work to validate new
testing methods. If this occurs the samples and any associated information will
continue to be treated with the strictest confidence.
15 Storage and disposal of samples
15.1 All information supplied by the person(s) to be tested shall be kept
in the strictest confidence and only for as long as is necessary to adequately
carry out the Test, report the results and comply with the requirements of
accreditation. In all cases, once the Test Report has been issued to the
a) any DNA mouth swabs will be destroyed by
incineration after one month
b) any extracted DNA will be destroyed by incineration
after six months
c) any bodily samples taken for drug/alcohol testing
will be destroyed by incineration after twelve months
d) paper copies of personal data and test reports will
be destroyed by shredding after twelve months
e) electronic data will be disposed of securely after twelve
15.2 For Drug and Alcohol testing, copies of chain
of custody documentation, analytical data and other supportive items can be
provided upon request by a lawyer or court for review as appropriate in the
event of analytical challenge. Subsequent analytical requests on original
samples are subject to sample availability.
16 Third Party Rights
16.1 A person who is not a party to this agreement has no rights under
(Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
17 Copyright and Intellectual Property
17.1 Ownership of copyright in all literature, documentation, and reports
etc, prepared by the Company, remain the property of the Company.
18.1 The contract between the Company and the Client as evidenced by
these terms and conditions is subject to the Laws of England, and the courts of
England and Wales shall have exclusive jurisdiction in relation to any claim or
dispute arising from the contract.
19.1 Sample analysis will be undertaken at the
Company’s premises and own Laboratories. In the event the Company may have to
subcontract samples, it will do so to an approved, competent Laboratory and the
Client will be informed.
CONTACT DETAILS: The Company may be contacted at the following address and by the
Anglia DNA Services, 33 Scottow Enterprise Park
Park, Badersfield, Norwich,
Norfolk NR10 5FB
telephone: 01603 358161
fax: 01603 298071
*The Client acknowledges that
internet communications are capable of corruption and the Company cannot
therefore accept any responsibility for changes made to such communications