Terms and Conditions
This Agreement sets out the terms and conditions (Terms and Conditions), upon which IGENZ trading as DNA Diagnostics (referred to as DNA Diagnostics in this document) agrees to supply services to you (the Client). These Terms and Conditions may be varied by DNA Diagnostics at any time. Unless otherwise stated, amendments to these Terms and Conditions will be effective when posted on this website. In contracting with DNA Diagnostics, the Client acknowledges that it has read and understood these Terms and Conditions and agrees to abide by them. The Client agrees that its continued use of the Services (as defined below) represents its agreement to be bound by the most recent Terms and Conditions. These Terms and Conditions shall apply to all Services provided by DNA Diagnostics to the Client.
By attending a collection centre to receive services from DNA Diagnostics, including providing a sample to DNA Diagnostics for DNA testing, (collectively the Services) or acting on behalf of an individual undertaking the Services, the Client agrees to engage with DNA Diagnostics and the following Terms and Conditions apply:
In certain circumstances quotations will be provided to the Client. All quotations are inclusive of GST unless otherwise stated. A quotation is open for acceptance by the Client within 30 days from the date of the quotation and may be withdrawn or varied by DNA Diagnostics at any time prior to acceptance.
If you are a private Client, payment is required prior to testing. DNA Diagnostics may also engage with organisations for the provision of Services on the Client’s behalf and such organisations may be required to pay on the Client’s behalf prior to DNA Diagnostics carrying out any Services.
Clients that have an account with us will be required to make payment within 30 days of the invoice date. Payment is not dependant on any third party funding that the Client may have in place. DNA Diagnostics reserves the right to suspend or withhold the provision of the Services, including providing access to testing results until payment is made. Clients that do not pay by the invoice due date may be required to pay in advance for subsequent tests and/or DNA Diagnostics may refuse to provide Services to those Clients in the future. DNA Diagnostics will not be liable to the Client arising out of or in connection with the suspension or withholding of Services (including the provision of results) due to non-payment.
DNA Diagnostic Materials
Unless otherwise stated, the intellectual property rights in all material supplied by or on behalf of DNA Diagnostics to the Client or any officer, employee, agent or contractor of the Client in the provision of the Services belongs to DNA Diagnostics on its creation and shall remain the exclusive property of DNA Diagnostics. The Client may not use, reproduce or communicate any part of such materials except for the purpose for which they were supplied, without the prior express written permission of DNA Diagnostics. DNA Diagnostic may use any data relating to the materials in an aggregated and anonymous basis.
All information obtained from the Client is held by DNA Diagnostics subject to the provisions of the Privacy Act 2020 (and, where applicable, the Health Information Privacy Code 2020) for the use by DNA Diagnostics in the course of its business and to provide the Services to the Client. The Client acknowledges and agrees that DNA Diagnostics may disclose the Client’s information to any third party: (a) authorised by the Client; or (b) providing services to DNA Diagnostics so that DNA Diagnostics can provide the Services to the Client. You may, at any time The Client authorises DNA Diagnostics to use any information it has about the Client for credit assessment and debt collection purposes. The Client (if an individual) has the right to access and request the correction of his or her information held by DNA Diagnostics.
The Client acknowledges that an individual is entitled to access their own testing results provided that their identity can be confirmed to the satisfaction of DNA Diagnostics, including (without limitation) where a Client provides a sworn or affirmed affidavit confirming Client’s identity. The Client acknowledges there may be a fee payable to retrieve testing results.
Acts of a Third Party
If DNA Diagnostics acts as an agent on behalf of a third party (Principal) in carrying out testing services, DNA Diagnostics disclaims any liability in relation to the acts or omissions of the Principal and for any default of the Principal relating to the provision of or access to the testing services and/or the laboratory test results.
Consumer Guarantees Act and Fair Trading Act
The Client acknowledges that if it is acquiring the goods and services for business purposes, the provisions of the Consumer Guarantees Act 1993 (CGA) are excluded. If the Client is a consumer under the CGA, nothing in this clause will affect the rights of the Client under the CGA.
The Client will not do or omit to do anything which gives rise to any liability on the Client’s part or on the part of DNA Diagnostics under the CGA or the Fair Trading Act 1986 (FTA). The Client will not make any representation or give any guarantee, warranty or other undertaking in relation to the Services provided by DNA Diagnostics unless that representation, guarantee, warranty or undertaking is supplied by DNA Diagnostics in writing.
Liability and Indemnity
All representations, warranties, or conditions, whether implied by statue, law, trade, custom or otherwise that may otherwise apply to the Services provided by DNA Diagnostics are excluded to the fullest extent permitted by law. The Client warrants that it has used its own skill and judgement in deciding to enter into the Terms and Conditions with DNA Diagnostics for the Services and that the Client has not relied on any representation made by DNA Diagnostics which has not been stated expressly in the Terms and Conditions, or upon any descriptions, illustrations or specifications contained in any document (including publicity material produced by DNA Diagnostics).
To the maximum extent permitted by law, DNA Diagnostics (including its officers, employees, contractors and agents) will not be liable, whether in contract, tort (including negligence), equity or otherwise, to the Client or any third party for any indirect or consequential damage, loss, cost or expense (including, without limitation, damage to property, injury to persons, loss of profits, loss of data or missed opportunities) arising from any Service supplied by DNA Diagnostics. If, notwithstanding this clause, DNA Diagnostics (or any of DNA Diagnostics’ officers, employees, contractors or agents) should incur any liability in relation to the supply or failure to supply, any Services, then the liability of DNA Diagnostics shall be limited to direct costs and losses arising from that act or omission and, in any event, shall not exceed in aggregate the amount paid to DNA Diagnostics by the Client in respect of the relevant Services.
The Client shall at all times indemnify and hold harmless DNA Diagnostics and its officers, employees, contractors and agents from and against any claims, losses, costs, damages, expenses (including legal costs and expenses on a solicitor/own client basis), liabilities, proceedings or demands, whether direct or indirect, incurred or suffered by any of them arising out of:
- a breach of the Terms and Conditions or of any warranty given by the Client in relation to the Services supplied, on the Client’s part or on the part of any person for whom the Client is responsible; or
- any wilful, negligent or unlawful act or omission of the Client or any person for whom the Client is responsible.
Default and Termination
DNA Diagnostics may suspend or terminate any agreement incorporating the Terms and Conditions, and the payment of all amounts owing by the Client to DNA Diagnostics under the Terms and Conditions shall immediately become due and payable, if the Client:
- is in breach of any term of the Terms and Conditions or any other agreement with DNA Diagnostics;
- is unable to pay its debts as they fall due or ceases or threatens to cease conducting its business in the normal manner;
- enters into, or attempts to enter into, any composition, assignment or other arrangement with, or for the benefit of, its creditors;
- becomes, threatens or resolves to become, or is in jeopardy of becoming insolvent;
- being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; or
- being a natural person, dies.
Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with New Zealand law. Each party agrees to submit to the non-exclusive jurisdiction of the tribunals and courts of New Zealand with respect to any claim or matter arising out of or in connection with this Agreement.
Those clauses of the Terms and Conditions that are intended to survive termination shall survive the termination or expiration of the Terms and Conditions.