4.1 The Company will strive to provide tests performed by a laboratory that is accredited to ISO 17025 and/or AABB standard where possible or available.
4.2 The Company will endeavour to make the results of the tests available to the Nominated Person within the times specified for its Standard and Express Services. The turnaround times stated by the Company commence from the receipt of the samples at the laboratory and not from the receipt of the samples at any administration office or Company agent.
4.3 The Company will generally send kits to the Client via standard mail, unless otherwise requested by the Client. The cost of sending the kit is included in the Price. For some tests other methods of postage may be used. The Company cannot be held responsible for any delays caused by the postal system or courier services. It is up to the Client to notify the Company in the event that the kit is not received and this within a reasonable time expected from the postal system of that country.
4.4 If through no fault of the Client, the Kit delivered to them or to their Sampler by the Company is 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 by the Client with the return carriage at their expense and clearly marked as faulty, for disposal by the Company.
4.5 The Company will only issue one Kit per Client order. Additional kits requested will incur an administrative charge depending on country of destination (refer to Appendix 1 for tentative charges).
4.6 If through no fault of the Company, the samples provided by the Client fail to generate a DNA profile due to insufficient DNA or a contaminated sample, then a re-sampling fee will be applied (refer to Appendix 2 for charges). In the case of a non-standard sample the normal retail prices apply in addition to the standard charge.
4.7 The Client understands and accepts that the Company does not guarantee the provision of conclusive results for DNA relationship testing. It is not possible to predict the outcome of the relationship analysis until it is completed. The Company is unable to refund Clients who receive an inconclusive result.
4.8 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 sent to the Nominated Person via email or postal mail. Any liability arising under this clause (4.8) will be limited to the cost of the Service contracted for.
4.9 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.
4.10 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 equipment, systems or network access, fire, explosion, terrorism, sabotage or other event beyond its control.
4.11 The Company reserves the right to refuse its Services if it has reasonable grounds for believing that the biological samples were or will be obtained illegally, or results will be used for an illegal, improper or unethical purpose or there is a conflict of interest with an existing Client, or the quality of the Company’s Services might otherwise be compromised, or it has other reasonable grounds for doing so.
4.12 The test reports provided by the Company will be given to the Nominated Person. Any people tested will have the right to a copy of the report. Written reports will be sent by email to the Nominated Person unless otherwise stipulated. If requested, a hard copy of the results is available by mail for an additional fee.
4.13 The Company reserves the right to issue results to and/or 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.
4.14 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. The Company will endeavour to look into any complaint promptly and to explain the position to the Client. The Company will do its best to resolve any complaints or concerns; however any decision by management is final.