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Update: Toward the end of October 2007 we shall be changing the default for all new Y-chromosome STR samples to be stored for a 3 year period which is then extendable by the user. Samples can also be scheduled to be destroyed by the user too. |
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DNA Heritage Terms and Conditions - (download
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(updated 26th June 2004)
The interpretation of these Terms and Conditions will not be
affected by the headings. |
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Definitions |
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(a) "the Company" means DNA Heritage.
(b) "the Customer" means the party
for whom the Company performs an analysis.
(c) "Report" means the report on
an analysis, supplied by the Company under a Contract.
(d) "Contract" means a contract constituted
by the Customer's order for an analysis to be performed, and
the Company's acceptance of it. |
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Acceptance of Conditions |
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Every Contract is governed by these Terms and Conditions unless
a variation is agreed in writing by the parties. No Contract
is subject to other terms and the Company will not be deemed
to accept other terms or any variation of these Terms and Conditions,
by failing to object to terms contained in any communication
from the Customer. By ordering an analysis, the Customer accepts
these Terms and Conditions and acknowledges that it has not
relied on any information supplied, data published or representation
made by or on behalf of the Company.
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Formation of a Contract |
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A Contract will only come into force when the Customer has
returned their sample to the Company, the sample has been accepted
by the Company and an invoice for the testing sent out to the
customer. |
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Services |
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(a) The Company will be entitled to refuse
to perform any service for the Customer without stating a reason.
In such an event the Company will refund any payment made with
the order.
(b) The prices of the Company's services will
be as stated in the most recent price lists issued by the Company
prior to the date of the Contract.
(c) Quoted prices are inclusive of any UK tax.
(d) Any agreed discount will only apply if
the Customer fulfils the terms on which the discount is offered.
(e) The Company will be entitled to recover
from the Customer any extra costs arising from meeting the Customer's
additional requirements, from delay on the Customer's part and
from any breach of the Customer's contractual obligations. |
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Prices |
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The cost of the initial analysis for each sample is set at the time
when the Contract is formed. Prices for the addition of extra markers to a Customer's results are subject to change. Current prices
are displayed on the DNA Heritage website. Any upcoming change
to the price of testing will be displayed at least 4 weeks before
that price change becomes effective. |
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Payment |
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(a) Payment for the Company's services will
be requested on receipt of the Customer's sample. The Company
reserves the right not to perform an analysis and/or the right
to withhold its Report until payment is made. The preferred
method of payment is via a credit or debit card over a secure
internet connection. Other methods of payment may incur extra
handling fees.
(b) In the case of payments made for more than
one analysis, the Company reserves the right to bank a payment
and issue a refund for any unperformed Contract by the Company. |
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Refund Policy |
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The Customer has the right to cancel the order with the Company
within seven days of the Contract being formed. This is in accordance
with EU regulations. An order can be cancelled by making contact
with the Company, preferably quoting both the Customer Code
and Sample Code. The sample will be immediately destroyed in
all cases. If payment has already been made by the Customer,
this will be returned usually via the same route by which the
payment was originally made. |
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Delivery |
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(a) In respect of Contracts which require
biological material supplied by the Customer, because of the
nature of the analyses, the Customer acknowledges that performance
of such Contracts by the Company may take longer than 5 weeks
from the receipt of test samples.
(b) The Company will take all reasonable steps
to meet advertised or contractual delivery times but anticipated
dates for supplying Reports are approximate only and the Company
accepts no liability for any loss of profits or other consequential
loss caused by delay in reporting, or failure to report, as
a result of any cause whatever. Delay in reporting will not
entitle the Customer to terminate the Contract in whole or in
part or to reject supply of the Report unless (i) the Customer
has served written notice on the Company that the delay is unreasonable
and exceptional and (ii) the Customer has not received the Report
within twenty-one days thereafter. |
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Samples |
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(a) In submitting a sample the Customer will
comply with the Company's instructions regarding mode of collection,
identification, and date and time of submission.
(b) By submitting a sample for analysis, the
Customer warrants that it has the right to take and submit the
sample and that it does so either as owner of all samples involved
or with full authority of the owner of all such samples. Samples
from persons under 18 will not be accepted.
(c) After the Company has supplied its Report,
the Company will dispose of the sample after 6 months from the
date of sample submission.
(d) No other use will be made of the sample
other than the extraction, amplification and analysis necessary
for the examination of the Y-chromosome at 43 markers stated.
(e) The Report and Certificate are only valid for the initial order and not for any incremental marker additions that the customer may request. |
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Liability |
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(a) The Company will not be liable for
loss of or damage to a sample arising in transit, against
which the Customer should arrange its own insurance cover.
In case of loss or damage, a fresh sample will be submitted
to the Company at the Customer's expense.
(b) The Company will use all reasonable endeavours
to protect samples submitted to it but in the event of loss
of or damage to a sample while in the Company's possession,
or the failure by the Company to produce a Report from a sample,
the Company will, at no further cost to the Customer, test
and report on a replacement sample provided by the Customer
but otherwise will have no liability arising out of such loss,
damage or failure. The Customer shall not have the right to
cancel a Contract because of the request by the Company for
a replacement sample.
(c) The Company will not be liable for loss
or damage of any kind whatever, whether direct or consequential,
arising directly or indirectly from (i) failure to submit
a sample in accordance with the Company's instructions or
(ii) incorrect or incomplete information being submitted with
a sample.
(d) Opinions given by the Company in response
to particular questions put to the Company will be given in
good faith but the Company will have no liability for any
use made of, or reliance on, such opinions except to the extent
that the Company does not exercise reasonable care in giving
the opinion.
(e) Upon becoming aware of a deficiency or
possible deficiency in a Report, the Customer will forthwith
notify the Company in writing. The Customer acknowledges that
failure to do so without delay may prejudice any rights to
which the Customer may be entitled under the Contract. |
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Limit of Liability |
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(a) The Customer acknowledges that any particular
test cannot be treated as free of error in every case. In this
respect, the Company shall use all reasonable endeavours in
compiling a Report, but the Company does not warrant that a
Report will be accurate or complete, and consequently the Customer
should place no reliance on its accuracy or completeness. In
this respect the Company does not accept liability for any consequential
loss including loss of profits for errors or omissions in a
Report whether or not arising from its negligence.
(b) In respect of direct loss, the Company's
total liability for any one claim or for the total of all claims
arising from any one act or default, whether arising from the
Company's negligence or otherwise, shall not exceed the price
of the Contract. |
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Data Protection |
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The Company complies with current UK Data Protection legislation,
and for purposes of its business may process personal data relating
to the Customer. Such information may be used by the Company
as described in the privacy policy on the Company's website.
A copy of the Company's privacy policy is available on request. |
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No Set-off |
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In the event of a Report being defective or allegedly defective,
the Customer will nonetheless be obliged to pay for other Reports
properly supplied by the Company in compliance with the Contract.
For the purposes of the Customer's payment obligations, each
Contract will be treated separately and the Customer will not
be entitled to any set-off. |
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Force Majeure |
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The Company accepts no liability for loss or damage arising
from fire, flood, meteorological conditions, war, riot, civil
commotion, malicious damage, industrial disputes, industrial
action, transport delays, accidents of any kind, perils of the
sea or rivers, acts of God, government or local authority restrictions,
force majeure or other contingencies which prevent or delay
the Company's implementation of its obligations under the Contract. |
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Governing Law & Jurisdiction |
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The Contract will be governed by the law of England and
the parties submit to the exclusive jurisdiction of the English
courts. |
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