IDEXX Laboratories UK Reference Laboratory Testing Standard Terms and Conditions 2015 Edition
Unless otherwise agreed in an agreement signed by IDEXX Laboratories Ltd. (“IDEXX,” “we,” “us” or “our”), laboratory testing and consulting services (data collection, analysis and interpretation, and reference laboratory services) that we provide to you, the veterinary surgeon-client, are subject solely to the terms and conditions stated herein. The terms and conditions stated herein control in the event of any conflict with any other document.
IDEXX maintains in confidence all of your proprietary and non-public materials, data, reports, plans, records, technical and other information and to use such confidential information only for the purpose of performing analyses of samples and providing reports on our findings to you. We protect your confidential information by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorised use, dissemination or publication of the confidential information as we use to protect our own confidential information of a like nature. In any instance where information is subpoenaed by and must be released to a governmental agency, or is otherwise required to be disclosed pursuant to law or regulation, we will promptly notify you You agree not to use the IDEXX name and/or data in any manner that might cause harm to IDEXX’s reputation and/or business. Under no circumstances is the name of IDEXX to be published – either alone or in association with that of any other party – without our approval in writing.
IDEXX charges or bills all fees directly to you. Any deviation in payment terms must be agreed to in writing. We have the right to ask for payment in advance, if the established payment terms are not adhered to. We reserve the right to cease all work if you do not pay your invoice(s). If you default in payment for services rendered, you are responsible for reasonable collection and/or legal fees.
Pricing and Special Terms
We anticipate that prices published in the Directory of Products and Services 2015 will remain the same throughout 2015; however, we reserve the right to change our prices without notice. All published prices are listed exclusive of VAT, which we will add to your invoice at the prevailing rate.
We process samples from working Assistance Dogs at no charge.
We process samples from Veterinary Surgeons/Permanent Staff with 20% discount in addition to your End of Month discount terms. Please contact our Customer Support team on 00800 1234 3399 if you have questions.
Specific handling and procedures apply to assure chain of custody. Please call our Customer Support team for details before submission on 00800 1234 3399 Option 1 followed by Option 1.
Delivery of Results
Upon timely delivery of samples, IDEXX will use commercially reasonable efforts in meeting standard turnaround times. The turnaround times stated in our Directory of Products and Services are based on working days (Monday to Saturday inclusive). We will advise you of samples that we receive in damaged, contaminated or improperly preserved condition or which do not meet the sample volume requirements. We assume responsibility for loss of or damage to a sample at the time possession of the sample is delivered to an IDEXX employee.
IDEXX reserves the right to refuse to accept or to rescind acceptance of any sample which in our judgment is likely to pose any unreasonable risk in handling and/or analysis. We will process samples submitted to an IDEXX laboratory address, but not on an IDEXX form.
IDEXX will process all samples that are submitted to us, unless clearly indicated on the requisition form. We will send results to your practice and charge you accordingly.
When IDEXX receives a sample in poor condition, e.g. clotted, lipaemic, or haemolysed, we will perform the requested tests wherever possible. Many spoiled samples can be avoided by the use of correct tubes - please be sure to use sample containers that are within their expiry date (printed on the tube). It is for this reason that we provide polypropylene, screw top tubes, free of charge. (Shipping charge of £7.30 + VAT will apply to each dispatch).
Please indicate clearly on the submission form if samples are from patients on chemotherapy treatment. Cytotoxic drugs are eliminated by renal or faecal excretion within 48 hours of being administered, and all samples require special handling in order to comply with health and safety regulations.
All specimens become our property upon delivery to an IDEXX facility.
Packaging of Samples
You represent and warrant that any sample containing any hazardous substance which is to be delivered to IDEXX will be packaged, labeled, transported, and delivered in accordance with applicable laws. Biological substances must be posted in packaging that complies with Packaging Instruction P650 and the sender’s name and return address must be clearly visible on the outer packaging. If you would like to view the comprehensive guidelines on how to package and submit samples to the Reference Laboratory, the IATA Guidance document is available on the Royal Mail website: http://www.royalmail.com/sites/default/files/Guidance-Document-Infectious-Substances-171012.pdf
IDEXX will perform services consistent with our Laboratory Quality Assurance Standard Operating Procedures. It is your exclusive responsibility to confirm that IDEXX’s standard practices will meet your needs before placing any order for work.
Retention of Samples
Unless otherwise agreed in writing, IDEXX routinely retains blood and serum specimens for seven (7) days from receipt at the laboratory, after which the samples will be destroyed.
Retention of Reports
Unless otherwise agreed in writing, IDEXX retains copies of reports for a period of one (1) year, after which we may destroy the reports.
IDEXX provides sample containers upon request; we will apply a shipping charge of £7.30 + VAT for each order. IDEXX reserves the right to charge a fee for sample containers. To order supplies, please fax one of our supplies order forms to 01937 544 170 or order online at idexx.co.uk.
Limited Warranty and Limits of Liability
In accepting work, IDEXX warrants that we provide services in a professional manner using qualified personnel, and we warrant the accuracy of test results for the sample as submitted. THE FOREGOING EXPRESS WARRANTY IS EXCLUSIVE, AND IDEXX MAKES NO OTHER WARRANTY, REPRESENTATION OR CONDITION, AND NO OTHER TERM IS INCLUDED, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AND WE EXPRESSLY EXCLUDE WARRANTIES RELATING TO MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CARE AND SKILL. We do not assume, nor do we authorise any employee, agent or other person to assume for us, any other liability in connection with our services.
IDEXX IS NOT LIABLE FOR FAILURE TO PERFORM DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. EXCEPT AS AND TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, UNDER NO CIRCUMSTANCES ARE WE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFIT, USE OR OPPORTUNITY, OR FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF GOODWILL, CONTRACTS, DATA OR EQUIPMENT OR FOR BUSINESS INTERRUPTION, ARISING OUT OF THE PROVISION OF SERVICES OR FAILURE OR DELAY IN DELIVERING SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
EXCEPT AS AND TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, OUR ENTIRE LIABILITY TO YOU IN CONNECTION WITH THE PROVISION OF LABORATORY TESTING OR CONSULTING SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SUCH LABORATORY TEST OR CONSULTATION SERVICE. We accept no legal responsibility for the purposes for which you use our analyses, reports or other services.
Notice to veterinary surgeons:
IDEXX accepts requests for services from and provides consultation and interpretation services to veterinary surgeons only, on a professional-to-professional basis. Without personally having made a physical examination of and conducted all tests on a patient, IDEXX veterinary surgeons rely on data communicated by you, the primary care veterinary surgeon, in providing consultations and interpreting results. By providing consultations we do not purport to diagnose or treat your patient. The test protocols and interpretations that we provide are based on recommendations from current veterinary literature and are provided for general guidance only. As with any diagnosis or treatment, you should use clinical discretion with each patient based on a complete evaluation of the patient, including history, physical presentation and complete laboratory data, and you should evaluate test results accordingly. With respect to any drug therapy or monitoring program, you should refer to product inserts for a complete description of dosages, indications, interactions and cautions. Diagnoses and treatment decisions are the ultimate responsibility of the primary care veterinary surgeon.
IDEXX collects your personal data (data in regard to your creditworthiness, and your identification) to provide you with the products or services that you have requested and to fulfill and administer our business relationship with you. We do not share your personal data with third parties unless required to do so by law, or as reasonably necessary to fulfill or administer our business relationship with you. Because we are a multi-national company, we may store and process your data in the United States, countries of the European Union and elsewhere within the IDEXX group. However we always take reasonable precautions to ensure the security of your data. With your consent, or as permitted by applicable law, we may also use your personal data to send you educational information, information about upcoming seminars, information about new tests that become available, and information about products and services offered by us that we think may be of interest to you. If you do not want to receive unsolicited commercial information, please contact us by email at firstname.lastname@example.org. We may monitor incoming telephone calls to a laboratory for training purposes only.
No Conflicting Terms
IDEXX does not accept any purchase order or other order for work which includes any conditions that vary from these Standard Terms and Conditions, and we object to any conflicting terms contained in any acceptance or order submitted by you.
Governing Law; Waiver of Jury Trial.
These Standard Terms and Conditions, and the transactions contemplated hereby, and all related disputes between the parties relating to our services, whether in contract, tort or otherwise, are governed by English law, and any related legal actions must be brought in the court of appropriate jurisdiction in England, which has exclusive jurisdiction (except that either of us may bring an action for an injunction or similar equitable relief against the other in any proper jurisdiction). To the extent permitted by applicable law, you waive any claim of lack of jurisdiction or inconvenient forum. IF APPLICABLE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE TRIAL BY JURY IN ANY LEGAL ACTION BY OR AGAINST US IN SUCH LEGAL ACTIONS. The prevailing party in any such legal actions is entitled to an award of its reasonable legal fees and costs.
IDEXX is an equal opportunity employer, and complies with all UK anti-discrimination legislation contained in the following acts: Sex Discrimination Act 1975, Employment Equality (Age) Regulations 2006, The Disability Discrimination Act 2005, Employment Equality (Sexual Orientation) Regulations 2003, and The Race Relations Act 1976.