Terms of service

TERMS OF SERVICE

Terms and conditions

1.1          The Equine Parentage and Animal Genetics Services Centre, a business unit of Massey University (“EPAGSC”, “we”, “us”, “our”) provides laboratory services including sample testing, sample storage, data collection, DNA isolation and DNA normalisation, shipment of DNA for gene tests to third party laboratories, collection of analysis results, interpretation and related laboratory services (“Services”). EPAGSC performs genetic testing itself and some tests are carried out by collaboration laboratories.

1.2          By engaging us to provide services to you and/or using our Services (“you”, “your”, “customer”) you agree that all Services we provide to you are governed by these terms and conditions and the order placed by you (“Terms”).

1.3          If we perform any Services on behalf of a breeding company, a veterinarian, an animal society or other third parties, we have no customer relationship with the owner of the animal.

1.4          In engaging our services you warrant that you have the express permission to use the sample or data you will be providing to us, and you acknowledge that if any third party raises concerns about our use of the sample we will refer the third party back to you to resolve the issue, and we are not liable in any way for any loss, damage, cost or expense associated with such third party claim.

1.5          We have no affiliation with any animal breeding society or registry.

1.6          These Terms prevail in case of conflict with another document.

Confidentiality

2.1          We protect your confidential information by applying the same level of care that we use to protect our own confidential information of a similar nature, to prevent unauthorised use, distribution or publication of the confidential information.

2.2          You agree not to use the name, data or confidential information of EPAGSC in any way other than as strictly necessary to receive the Services.

2.3          You must do or omit to do anything that may cause damage to our reputation and/or our university. Under no circumstances will our name be published- by itself or together with those of another party-without our written permission.

Terms of payment

3.1          A binding contract is entered into with you once a written order for services or products, together with the required samples specified therein, have been received and accepted as an order by EPAGSC.

3.2          We may accept an order for Services or products by means of order confirmation in writing, or by supplying the laboratory test kits.

3.3          The prices for our Services are included in our standard price list that is in force as soon as EPAGSC receives the order. We may review our pricing from time to time.

3.4          Our standard payment terms are 20 days after the invoice date, and you must pay all invoices by this date. If your order requires us to ship the sample to a third-party provider for testing, your payment will not be refunded in any circumstances.

3.5.4      We reserve the right to cease all further work if one or more invoices are not paid.

Delivery of results

4.1          EPAGSC will use all reasonable efforts to meet the standard turnaround times we offer but we will not be liable for any delay or failure to meet these turnaround times.

4.2          We will notify you if we cannot perform a test because we received the wrong sample type, an incorrectly taken sample resulting in insufficient DNA for testing, the sample in damaged, dirty or incorrectly stored condition or because the sample does not meet the requirements for testing.

4.3          We will not be liable to you for inconclusive or incorrect test results where the sample(s) received from you is incorrect, unusable, damaged or does not otherwise meet the sufficient standard for testing.

4.4          Results will only be reported to the email/emails specified on the order, unless otherwise communicated to us in writing by the order submitter.

4.5          You may only reproduce a report in its entirety, and you must not alter any information on a report.

4.6          You may share your reported test data without requiring permission from any other parties.

4.7          We will not share your test data without prior permission from you.

Delivery of samples

5.1          You warrant that you have all necessary rights and consents to provide the samples to us. You agree that we may retain all samples you provide to us, including all samples you have provided us prior to the application of these Terms, and that may use all of these samples for the provision of our Services, for research purposes and otherwise to operate our business.

5.2          EPAGSC reserves the right to refuse any sample or to reverse the acceptance of a sample if in our opinion this may constitute an unreasonable risk during processing and/or analysis.

5.3          All samples remain your property upon delivery and are subject to clause 5.1.

Quality assurance

6.1          EPAGSC use `good laboratory practices’ (GLP), and test to the International Society of Animal Genetics (ISAG) standards.

6.2          It is your sole responsibility to ensure that the standard practices of EPAGSC meet your needs before you summit an order.

Storage of samples

7.1          We may store the test data in electronic format indefinitely and will store it to the best of our ability during this time.

7.2          The remainder of the submitted sample after testing will be stored for a minimum of 1 year. We reserve the right to return or destroy samples after this time.

Imported DNA profiles

8.1          We can upload ISAG DNA profiles from any other ISAG accredited laboratory.

8.2          By providing us a DNA profile tested at another laboratory, you acknowledge you have permission to have possession of the profile and EPAGSC can use it for parentage verification.

8.3          Where no owner is specified on historic imported DNA profiles, EPAGSC will use the Imported profiles for the purpose of parentage verification only.

Use for development

9.1          EPAGSC may use the submitted samples in their ownership, to carry out quality assurance and improvement measures, and to develop and validate new tests. When used for this purpose, personal information including test information and outcomes attached to submitted samples, will not be used or shared. (as per the confidentiality requirements in clause 2.1).

Warranties and liability

10.1       Apart from any condition or warranty implied by statute which cannot be excluded, restricted or modified by these Terms, we exclude all express or implied warranties in respect of the Services including, but not limited to, implied warranties as to merchantability or fitness for a particular purpose.

10.2        In no event shall we be liable (whether in contract, tort, negligence or in any other way) to you for:

(a)          loss of profits or savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or

(b)          loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature,

arising directly or indirectly from any Products supplied by us to you, even if we had been advised of the possibility of such damages.

10.3       In no event shall our total liability under any claim of whatever nature arising directly or indirectly from the Services supplied by us to you exceed the price paid by you for the specific Services to which the relevant claim relates.

10.4       None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.

General

• We may amend these Terms from time to time. Notice of any such amendments will be announced on our website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.
• Your continued purchase of Services or use of our website will constitute your acceptance of any changes or revisions to these Terms.
• Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
• These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.