IDEXX LABORATORIES UK REFERENCE LABORATORY TESTING STANDARD TERMS AND CONDITIONS 2018 EDITION

Unless otherwise agreed in an agreement signed by IDEXX Laboratories Ltd. (“IDEXX”), laboratory analytical services (data collection, analysis and interpretation, and reference laboratory services) provided by IDEXX to you, the veterinary surgeon, 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.

Confidentiality 
IDEXX agrees to maintain 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. IDEXX is unable to communicate directly to pet owners and all enquiries or discussions regarding cases must take place with the veterinary surgeon in charge of the case. IDEXX shall 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 IDEXX uses to protect its 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, you will be promptly notified. 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 its approval in writing.

IDEXX is part of a multi-national group of companies. We may share your confidential information, such as your proprietary and non-public materials, data, reports, plans, records, technical and other information with other companies of the IDEXX group. You will find the companies of the IDEXX group listed at https://www.idexx.com/en/about-idexx/locations/. We do not share your confidential information with third parties outside of the IDEXX group, unless required to do so by law.

We point out that individual test results may be published in anonymised form for scientific / research purposes.

Payment Terms 
All fees are charged or billed directly to you. Any deviation in payment terms must be agreed to in writing. IDEXX has the right to ask for payment in advance, if the established payment terms are not adhered to. IDEXX reserves 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.

Laboratory Monthly Volume Discount Terms
We send an invoice/statement at the end of each month itemising your testing and amount due.
Volume related discounts for practices or buying groups are available on application. Please contact us on UK: +44 (0) 203 7887508 Eire +353 (0) 15621211 Option 1 followed by option 1 for further information.

Monthly net amount* Discount
£0 – 550 Nil
£551 - 870

5.00%

£871 – 1,780 7.00%
£1,781 – 2,650 9.00%
£2,651 – 3,540 11.00%
£3,541 – 4,430 13.00%
£4,431– 5,170 15.50%
£5,171 –  6,170 18.00%
£6,171 +  

*Based on individual practice laboratory spend excluding VAT Payment terms are correct at time of publishing. We reserve the right to amend the payment terms and will inform all customers, should the payment terms change.

Pricing and Special Terms 
We anticipate prices published in the Directory of Products and Services for the specific year will remain the same throughout the year, however we reserve the right to change our prices without notice.
All published prices are listed exclusive of VAT which will be added to your invoice at the prevailing rate.

Samples from Working Assistance Dogs are processed at no charge

Samples from Veterinary Surgeons/Permanent Staff are processed with 20% discount in addition to your End of Month discount terms

Special Handling discounts such as Working Assistance Dogs and Staff Animal must be clearly indicated on the original requisition form, and cannot be applied retrospectively.

IDEXX Advantage discount will only be applied to applicable tests when the tick box is selected on the requisition form and a copy of the IDEXX In Clinic results / SNAP device are received. Tests applicable are marked with + in the Directory of Products and Services.

Please contact out Customer Support team on UK: +44 (0) 203 7887508 Eire +353 (0) 15621211 if you would like to discuss this further.

Litigation Cases 
Specific handling and procedures apply to assure chain of custody. Please call our Customer Support team for details prior to submission on UK: +44 (0) 203 7887508 Eire +353 (0) 15621211 Option 1 followed by Option 1.

Delivery of Results 
Upon timely delivery of samples, IDEXX will use its best efforts in meeting standard turnaround times. The turnaround times stated in the Directory of Products and Services are based on working days (Monday to Saturday inclusive) and are a guideline only. Our Fast Track Histology for urgent cases is only available for samples arriving Monday to Thursday, and excludes tissues requiring decalcification or incompletely fixed specimens. The Fast Track charge is in addition to the Histology fee. IDEXX will advise you of samples that we receive in damaged, contaminated or improperly preserved condition or which do not meet the sample volume requirements. IDEXX assumes the risk of loss or damage to a sample at the time of possession of the sample by an IDEXX employee at a UK Reference Laboratory.

Sample Submission 
IDEXX reserves the right to refuse to accept or to rescind acceptance of any sample, which in the judgment of IDEXX is likely to pose any unreasonable risk in handling and/or analysis. Submitting accounts are not under any circumstance to send in known isolated cultures of notifiable or reportable disease (such as Brucella sp.). Advice on how to deal with these can be given by an IDEXX Clinical Microbiologist.

Samples submitted to an IDEXX Laboratory address, but not on an IDEXX form will be processed by IDEXX Laboratories.

All samples that are submitted to an IDEXX Laboratory will be processed unless clearly indicated on the requisition form. Results will be sent to your practice and you will be charged accordingly. Requests to forward samples to an alternative laboratory will result in IDEXX Laboratories returning the sample to the submitting practice to make suitable arrangements for processing the sample.

Add On collection codes / prices can only be used with appropriate screens and profiles and must be requested on one submission form; alternatively, provided we have the appropriate sample at the laboratory, they can be added to appropriate screens and profiles within 7 days from receipt of the sample at the laboratory. If the appropriate sample is not available, then the collection will be charged at the standalone price.

IDEXX Laboratories is not an accredited laboratory for export testing, and results will not be acceptable for export of animals from the UK. For further information contact APHA, Carlisle – 01228 403 600, Petexports@apha.gsi.gov.uk

In the unlikely event we were found to be in a situation which could significantly impact on our ability to meet our stated turnaround times (for example an Act of God, fire or any other event which renders the Wetherby facility inoperable to process samples) we have the ability to leverage the global IDEXX laboratory network of over 65 reference laboratories and / or other evaluated and approved partners here in the UK. However, in order to comply with the requirements of ISO 17025:2005 and therefore the terms of our UKAS Accreditation we require your approval for this proposal for us to sub-contract samples as part of our business continuity programme. If you do not wish for any of your samples to be sub-contracted, please notify us in writing so we may record your instructions on our system.

When a sample is received 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 ensure all sample containers used for the submission of samples are within their expiry date (printed on the tube). It is for this reason that we provide polypropylene, screw top tubes, free of charge to our UK customers. (Shipping charge of £9.10 + VAT will apply to each dispatch (UK Mainland only)). Please see our Sample Guidelines on the submission of samples on pages 150 – 158 of the Directory of Products and Services 2018.

Please indicate clearly on the submission form if samples are from patients on chemotherapy treatment / cytotoxic drug treatments, or any other treatment hazardous to human health. Such 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.

Packaging of Samples 
You represent and warrant that any sample containing any hazardous substance which is to be delivered to IDEXX will be packaged, labelled, transported, and delivered in accordance with applicable laws.
Biological substances must be posted in packaging that complies with Packaging Instruction P650 and the senders 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 

Quality Assurance
IDEXX will perform services consistent with its Laboratory Quality Assurance Standard Operating Procedures. It shall be your exclusive responsibility to confirm that IDEXX’s standard practices will meet your needs prior to placing any order for work.

Retention of Samples 
We routinely retain blood and serum specimens for seven (7) days from receipt at the laboratory and histology blocks are retained for one (1) calendar year, after which the samples will be destroyed.

Sample Containers 
IDEXX provide sample containers upon request, and a shipping charge of £9.10 + VAT will be applied for each order (UK Mainland only). 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 analytical work, IDEXX warrants 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, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AND IDEXX EXPRESSLY EXCLUDES WARRANTIES RELATING TO MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CARE AND SKILL. 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 SHALL IDEXX BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFIT OR USE. 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 OUR 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.

IDEXX’s total liability to you the submitting veterinary surgeon in connection with any work described herein for any and all injuries, losses, expenses, demands, claims or damages whatsoever arising out of or in any way related to the work herein covered, from any cause or causes, shall not exceed an amount equal to the lesser of (a) damages suffered by you as the direct result thereof, or (b) the total amount invoiced to you by IDEXX for the analysis of the subject sample only, except as and to the extent provided under applicable law for liability resulting from our gross negligence, fraud or wilful misconduct, or death or personal injury resulting from our negligence. IDEXX accepts no legal responsibility for the purposes for which you use the test results.

Notice to veterinary surgeons: 
IDEXX provides consultation and interpretation services on a professional-to-professional basis. We are unable to communicate directly to pet owners and all enquiries or discussions regarding cases must take place with the veterinary surgeon in charge of the case. 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 IDEXX does not purport to diagnose or treat your patient. The test protocols and interpretations provided by IDEXX are based on recommendations from current veterinary literature and are provided for general guidance only. As always, diagnoses and treatment decisions should never be based solely on laboratory results or on general literature. Test results must be evaluated in conjunction with the patient’s clinical signs. The diagnoses and treatment decisions are the ultimate responsibility of the primary care veterinary surgeon.

No Conflicting Terms 
IDEXX shall not accept any purchase order or other order for work which includes any conditions that vary from these Standard Terms and Conditions, and IDEXX hereby objects to any conflicting terms contained in any acceptance or order submitted by you.

Equal Opportunity/Notice 
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, The Race Relations Act 1976.

Personal Data Protection 
IDEXX considers proper processing of Personal Data (meaning any data relating to an identified or identifiable living natural person) to be highly important and has adopted the privacy policy which can be found at www.idexx.com.