The Moffat Partnership Ltd
Terms and Conditions
- Acceptance of Terms and Conditions and Contract
- Formation of Contract
- Limitation of Services
- Refund Policy
- Delivery of Service
- Limit of Liability
- Data Protection
- No Set Off
- Force Majeure
- Governing Law and Jurisdiction
1.1 "the Company" shall mean The Moffat Partnership Ltd.
1.2 "the Customer" shall mean the party for whom the Company performs an analysis.
1.3 "Report" shall means the report on an analysis, supplied by the Company under a Contract.
1.4 "Contract" shall mean a contract constituted by the Customer's order for an analysis to be performed, and the Company's acceptance of it.
1.5 “Terms and Conditions” shall mean terms 1 – 15 as set out in the Index to this document and detailed in the body of this document.
2. Acceptance of the Contract and Terms and Conditions
2.1 Each and every Contract is governed by the Terms and Conditions, as set out in the Index and detailed in the body of this document.
2.2 Any amendment or variation to the Contract or Terms and Conditions MUST be agreed in writing by both the Customer and the Company prior to a valid Contract coming into existence or no amendment shall be deemed to have occurred.
2.3 The Company does not or will not accept any amendment or variation to the Terms and Conditions or the Contract contained in any communication by the Customer, save as set out in 2.2 above.
2.4 The Company does not or will not accept any amendment or variation to the Terms and Conditions or the Contract by its failure to object to any amended terms contained in any communication from the Customer, save as set out in 2.2 above.
2.5 By ordering an analysis, the Customer accepts all Terms and Conditions as set out in this document.
3. Formation of a Contract
3.1 A Contract will only come into force as per 1.4 when the Customer has placed an order for an analysis to be performed and the Company has accepted payment (i.e. credit card successfully charged, cheque cleared etc) for that same analysis.
4. Limitation of Services
4.1 The Company reserves the right to refuse to perform any service for the Customer at its discretion and is not obliged to give any reason to the Customer for its decision to refuse a service.
4.2 Should this occur, the Company agrees to refund any payment made by the Customer, save for any miscellaneous costs incurred by the Company in the processing of the order.
4.3 The Company’s laboratory may not be able to process a sample if the saliva does not contain a sufficient volume of DNA, the Customer does not provide enough saliva, or the results from processing do not meet the Company’s quality control (QC) process. If the initial processing fails the Company will supply a further saliva collection unit at no additional cost. If a sample fails the QC process a second time the Company will provide a third testing kit. However, should the saliva fail a third time the Company will make a full refund of the amount paid to the Company if the Customer agrees not to submit another sample through a future purchase. In the event that a Customer breaches this agreement and a further sample fails, the Company will not offer to reprocess the sample or provide the Customer with a refund.
5.1 The applicable price of any of the Company's products or services shall be as set out on the website by the Company on the date of order.
5.2 All quoted prices contained within the Company’s latest price list are inclusive of V.A.T (if applicable).
5.3 Any discount on the above prices MUST be agreed in writing by both the Customer and the Company prior to a valid Contract coming into existence.
5.4 The Customer shall be responsible for any other reasonable miscellaneous or other costs incurred by the Company by virtue of the Company meeting;
(a) any additional requirements of the Customer to the standard products or services,
(b) any delay on the part of the Customer
(c) from any breach of the Customer's contractual obligations.
5.5 Prices for additional analysis of a Customer's results are subject to change without notice.
5.6 The makeup of a product is subject to upgrade or change without notice.
5.7 The Customer is not entitled to upgrades of a specific product after placement of order.
6.1 Payment for the Company's services must be made together with receipt of the Customer's order.
6.2 The Company reserves the right not to perform an analysis and/or the right to withhold its Report until payment is made.
6.3 The preferred method of payment is via a credit or debit card over a secure internet connection. Other methods of payment may incur handling fees.
7. Refund Policy
7.1 The Customer has the right to cancel the order with the Company within ten days of the order being placed.
7.2 Should the Customer cancel an order in accordance with 7.1 the Customer is obliged to return to the Company any unused DNA collection kit that the Customer may receive.
7.3 Should the Customer fail to return an unused DNA kit to the Company in accordance with 7.2, the Company reserves the right to withhold part of the original payment made by the Customer to cover replacement of the DNA kit.
7.4 An order can ONLY be cancelled by making contact with the Company, in writing and within the timeframe as set out in 7.1, quoting the Customer’s full name and address and any Order Number or cheque number and requesting that the order be discontinued.
7.5 Once the Customer has confirmed to the Company, in writing and within the timeframe as set out in 7.1 that the order is to be discontinued, any DNA sample already received by the Company shall be immediately destroyed.
7.6 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, subject to 7.2 above.
8. Delivery of Service
8.1 The Customer acknowledges that, due to the nature of the Company’s products and services, the Company is unable to offer any specific timeframe for the return of Test Results.
8.2 However, the Company shall endeavour to furnish the Customer with test results within 12 weeks from the receipt of test samples, unless an alternative timeframe is advised in writing.
8.3 The Company agrees to take all reasonable steps to meet advertised or Contractual delivery times but anticipated dates for supplying Reports are approximate only.
8.4 The Company accepts no liability for any loss of profits or other consequential loss caused by delay in reporting, or failure to report, or for any reason whatsoever.
8.5 No delay in reporting will entitle the Customer to terminate the Contract in whole or in part or to reject supply of the Report.
8.6 Should the Customer feel any unreasonable delay has occurred, the Customer must serve written notice on the Company that the delay is unreasonable and exceptional and due regard shall be given by the Company to same.
9.1 In submitting a sample, the Customer will comply with the Company's instructions regarding mode of collection, mode of postage (including custom requirements) and timing of submission.
9.2 By submitting a sample for analysis, the Customer warrants that he/she has the right to take and submit the sample and that he/she 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.
9.3 After the Company has supplied its Report, the Company agrees to store the sample for an indefinite period of time. However, the company accepts no liability whatsoever in the event that the sample has expired, lost or is damaged.
9.4 No other use will be made of the sample other than the extraction, amplification and analysis necessary for the examination of the genetic system relative to the Customer's order, unless permission is given by the Customer, in writing, that the Company may use the sample for further research.
9.5 Customer DNA will at all times be stored at the facilities of the Company or sub-contractors of the Company.
9.6 The Customer agrees to return the sample to the Company within 6 months of placing an order. If a sample is not returned within 6 months the Customer is not entitled to a refund and the contract is deemed null and void.
10.1 The Company is not liable for any loss of or damage to any sample which occurs in transit.
10.2 It is the Customer’s sole responsibility to organise insurance cover for any samples in transit.
10.3 In case of loss or damage, a fresh sample will be required in order to complete the test and, accordingly, this must be submitted to the Company by the Customer at the Customer's expense.
10.4 The Company will use all reasonable endeavours to protect samples submitted to the Company, but in the event of loss of or damage to a sample while in the Company's possession the Company may, at its discretion, and subject to 4.3 and 8.4 agree to test and report on a replacement sample provided by the Customer.
10.5 The Customer shall not have the right to cancel a Contract because of the request by the Company for a replacement sample.
10.6 The Company will not be liable for loss or damage of any kind whatever, whether direct or consequential, arising directly or indirectly from;
(a) failure to submit a sample in accordance with the Company's instructions
(b) incorrect or incomplete information being submitted with a sample or order.
10.7 Opinions given by the Company in response to particular questions put to the Company will be given in good faith by the Company, however no liability for any use made of, or reliance on, such opinions shall attach to the Company.
10.8 Upon becoming aware of a deficiency or possible deficiency in a Report, the Customer will forthwith notify the Company in writing.
10.9 The Customer acknowledges that failure to inform the Company of a deficiency or possible deficiency in a Report without delay may prejudice any rights to which the Customer may be entitled under the Contract.
11. Limit of Liability
11.1 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.
11.2 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.
11.3 The testing and interpretation offered by the Company is solely for the purpose of genealogical research. The Company accepts no liability whatsoever should the results or genetic data be used for the following;
(a) Paternity/maternity testing
(b) Medical diagnosis
(c) Forensic analysis
12. Data Protection
12.1 The Company complies with current UK Data Protection legislation, and for purposes of its business may process personal data relating to the Customer.
13. No Set-off
13.1 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.
14. Force Majeure
14.1 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.
15. Governing Law & Jurisdiction
15.1 The Contract will be governed by the law of Scotland and the parties submit to the exclusive jurisdiction of the Scottish courts.
SC201430 Registered office, Purves Chartered Accountants, St Dunstans House, High Street, Melrose, Scotland TD6 9RU