Antech Diagnostics Veterinary Reference Laboratory Testing, Telemedicine and Consultative Services Terms and Conditions of Service (United Kingdom)

Effective 08/11/2022,

These are the standard terms and conditions that govern the provision and use of Antech Diagnostics Limited’s veterinary reference laboratory testing, telemedicine, and consultative services offered to clients located in the United Kingdom (“you” or “client”) unless otherwise agreed in a written agreement executed by an authorised representative of Antech Diagnostics Limited (Company No. 13529871) (“Antech,” “we,” “us,” or “our”) and you (“you” or “client”).  Unless expressly stated otherwise these standard terms and conditions (these “Terms”) shall prevail in the event of any conflict with other terms in relation to the provision of Services (as defined below).  Your purchase or use of our veterinary reference laboratory testing, telemedicine, and consultative services (collectively, “Services”) constitutes your agreement to comply with all terms, conditions and legal notices contained herein, in addition to any other terms, conditions and legal notices that may be provided to you by Antech.

Veterinary Reference Laboratory Testing, Consultativeive, and Interpretation Services

Antech provides veterinary reference laboratory testing, telemedicine, and consultative services on a peer-to-peer basis.  Our consultative specialists do not have the benefit of performing a clinical examination, nor the ability to conduct all pertinent tests on a patient.  Our specialists rely on the information communicated by the veterinarian submitting the biological specimens, diagnostic images, or seeking guidance.  By providing diagnostic results, advice, or guidance, Antech does not purport to diagnose or treat any patient.  Test protocols and interpretations provided are based on recommendations from relevant veterinary or scientific literature and are provided as general guidelines only. Diagnosis and treatment decisions are the ultimate responsibility of the attending veterinarian with the established veterinarian- client-patient relationship (“VCPR”).

Turnaround Times

We will use commercially reasonable efforts to meet published turnaround times. All turnaround times are based upon timely receipt of the applicable biological specimen or digital image. We will attempt to advise you if we receive either biological specimens or diagnostic images that are damaged, contaminated, improperly preserved or packed, which do not meet our specimen volume requirements, or that are of a quality that prohibits or limits our ability to perform our services to an acceptable standard or within the published turnaround times.

We assume the risk of loss or damage to a specimen at the time possession of the specimen is delivered to an authorised representative of Antech.  We reserve the right to refuse to accept or to rescind acceptance of any specimen which in our judgment is likely to pose any unreasonable risk in handling, processing, or analysis.

Retention of Specimens, Images, Test Results, and Reports

After completion of testing, we routinely retain biological specimens as indicated below:

Clinical Submissions
Whole Blood	7 days
Serum/Plasma	7 days
Urine	7 days
Slides – Haematology (includes Wright’s stained urine smears)	7 days
Slides – Haematology (rechecks and pathology review)	1 year
Microbiology – all specimens	7 days
Slides – Microbiology (gram stain smears)	7 days
Pathology (Cytology) Submissions
Biological Specimens	7 days
Slides	90 days
Pathology (Histology) Submissions
Biological Specimens (wet tissue in formalin)	30 days
Blocks	18 months
Slides	180 days

 

Unless otherwise specified or agreed in writing by an authorised Antech representative, we will retain copies of all diagnostic images submitted to Antech, all test results or analysis of biological specimens, and all consultative reports for a period of one (1) year.  

After the expiration of the applicable retention period we may retain or destroy any biological specimens, images, results, analyses, and reports in accordance with our internal retention policies, and we may use them for scientific research, or our own commercial purposes, on an anonymised basis.  All biological specimens become the property of Antech upon delivery to Antech or authorised Antech representative. Please see Use of Specimens and Data section below for more information on how we may use specimens, images, and data submitted to Antech.

Quality Assurance

We will perform all Services in accordance with our standard operating procedures and protocols which are subject to regular quality assurance reviews.

Hazardous Materials and Human Specimens

When submitting any specimen containing any hazardous substance you represent and warrant that such specimen will be packaged, labelled, transported, and delivered, in accordance with all applicable laws, rules and regulations.  We may return to you unused portions of specimens found or suspected to be hazardous, or to contain hazardous materials as defined according to all applicable laws, regulations and guidelines upon completion of Services.  We will not accept or analyse human specimens and we reserve the right to reject any specimen containing any substance we consider hazardous or which we have a reasonable suspicion to believe to be hazardous. We may invoice you for the reasonable cost of returning any specimens.

Test Cancelation Policy

All tests may be cancelled prior to receipt at our facilities.

Add-on Testing

All add-on tests must be ordered together with a profile to receive discounted pricing. After the original testing is submitted additional tests will be charged the regular individual test fee.

Use of Specimens and Data

You authorise us to use any specimens, images, and any data or information relating to such specimens and images, including any clinical information, diagnostic results, and any data and information included in any analyses or reports provided as part of the Services, provided that such information has been de-identified and/or anonymised, for scientific research, or our own business purposes, including without limitation internal research and development, and disclosure in public studies. 

Please see our Privacy Statement, available at antechdiagnostics.com/privacy-policy for more information on the privacy and data security practices of Antech.

Pricing

Prices for Antech’s Services are as set forth on Antech’s published price list, quotation, order form, or as otherwise published by Antech from time to time. Prices are subject to change without previous notice for orders not yet accepted at the time of change. Unless expressly provided otherwise, prices do not include taxes.  Any and all applicable taxes, including any value added, sales, use, personal property, excise, or other taxes or duties may be added.

Please contact Antech’s Customer Support Department at [email protected] to request current prices for any Services.

Payment Terms

All fees for Services ordered are charged or billed directly to you. Unless expressly provided otherwise our prices do not include any applicable taxes. You agree to pay any value-add, sales, use, personal property, excise, or other taxes arising out of the Services, except for taxes based on Antech’s net income. 

Payment in advance may be required for clients who have not established credit with us or who have a poor credit or payment history. For clients with approved credit, invoices will be issued monthly with payment due within thirty (30) days of the date of invoice. All payments shall be in pounds sterling (£). Time for payment shall be of essence of the agreement between Antech and the Purchaser.

Any amount owed beyond the date such amount became due and payable shall accrue a late charge at a rate of 8.0% per annum compounded monthly plus the then current Bank of England base rate, or the maximum rate provided by law, whichever is less. To the extent permitted by law, we may change payment terms at any time or revoke any credit previously extended. If at any time you have not paid all amounts due or are otherwise in default, then in addition to any other rights and remedies available to us under applicable law, we may suspend or discontinue provision of any and all Services or the sale of products without notice. You will be responsible to reimburse us for any and all costs incurred in connection with collecting any amounts owed by you, including, but not limited to, collection agency fees, reasonable attorneys’ fees and court costs. 

Privacy

The privacy and confidentiality of your information and the information of your customers is important to us. Please see our Privacy Statement, available at antechdiagnostics.com/privacy-policy for more information on the privacy and data security practices of Antech.

Confidentiality

Without the prior written consent of a duly authorised representative of Antech, except as required by law or judicial process, you shall not, and you shall cause your representatives not to disclose to any third party any pricing information or any other information provided to you by or on behalf of Antech on a confidential basis. You agree that any breach of this commitment will result in irreparable and continuing damage to Antech for which there may be no adequate remedy at law, and Antech shall be entitled to seek injunctive relief and/or a decree for specific performance in addition to any other remedy to which it may be entitled.

Limited Warranty; Disclaimer of Warranties

WE WARRANT THAT WE SHALL PERFORM THE SERVICES IN A PROFESSIONAL MANNER USING QUALIFIED PERSONNEL. EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY WE MAKE NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE RESULTS OR ADVICE PROVIDED OR THE SERVICES OFFERED. TO THE FULLEST EXTENT OF APPLICABLE LAW, ANTECH SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANTECH OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANTECH IS NOT LIABLE FOR FAILURE TO PERFORM UNDER THESE TERMS AND CONDITIONS DUE TO CIRCUMSTANCES BEYOND ANTECH’S REASONABLE CONTROL. EXCEPT AS AND TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR LIABILITY RESULTING FROM ANTECH’S GROSS NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY RESULTING FROM ANTECH’S NEGLIGENCE, UNDER NO CIRCUMSTANCES WILL ANTECH OR ANTECH’S LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF BUSINESS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OR PROVISION OF OUR SERVICES, OR ANY FAILURE OR DELAY IN DELIVERY OF SUCH SERVICES.

ANTECH’S ENTIRE LIABILITY TO YOU IN CONNECTION WITH THE PROVISION OF SERVICES, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANTECH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. WE ACCEPT NO LIABILITY FOR THE PURPOSES FOR WHICH YOU USE OUR SERVICES OR ANY RESULTS, REPORT OR ADVICE WE MAY PROVIDE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Force Majeure

Antech shall not be liable for any failure to perform caused by or in any manner arising from fires, floods, accidents, riots, acts of God, war, governmental interference or embargoes, strikes, labour difficulties, any shortage of labour, fuel, power, materials or supplies, disease outbreak, pandemic or epidemic, transportation delays, delays in deliveries by our vendors or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond our reasonable control. 

Governing law; Jurisdiction

These Terms and the Services shall be governed by and construed, without reference to any conflict of law principles, in accordance with the laws of England and Wales.

The prevailing party in any legal action or other proceedings shall be entitled to recover from the other party all costs of the proceedings, including reasonable costs, attorney fees, professional fees and other expenses incurred by such prevailing party in such proceedings. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and/or the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notices 

Any notices with respect to these Terms should be sent:

Antech Diagnostics Limited 

Unit 12, Hove Enterprise Centre Basin Road North
Portslade, East Sussex
BN41 1UY, United Kingdom

Attn: Customer Service

Modifications to these Terms

Antech reserves the right to modify these Terms at any time by posting revised Terms on this website, or by sending notice using the contact information you have provided. It is your responsibility to check the Terms periodically for changes. Your continued use of our Services shall be deemed irrevocable acceptance of those revisions when you use our Services after such revisions to the Terms have been posted. If you do not agree to (or cannot comply with) these Terms as amended, you must immediately stop using our Services. Antech reserves the right to change, modify, suspend or discontinue all or any aspects of its Services at any time without prior notice.

Questions

If you have any questions about the rights and restrictions above, please feel free to contact our Customer Service team at the following addresses or numbers:

 

Phone: 08082583536

Email: [email protected]

Mail: Antech Diagnostics Limited
Unit 12, Hove Enterprise Centre Basin Road North
Portslade, East Sussex
BN41 1UY 

United Kingdom

Attn: Customer Service

 

General

The terms set forth in these Terms and any documents referred to in these Terms (for reference these include the Antech Access Agreement if applicable) constitute the entire agreement with respect to our Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Any purchase order, order for work, acceptance, or other writing submitted by you that includes any conditions that vary from these Terms are hereby rejected.

No third party may enforce any terms of these Terms or of any provision contained in any document issued in connection with these Terms. The Contracts (Rights of Third Parties) Act 1999 is hereby expressly excluded from our agreement with you, including any other document issued pursuant thereto.

 

You may not assign your rights and obligations under these Terms without the prior written consent of Antech; provided, however, that you may assign these Terms without Antech’ prior written consent to any person or entity that acquires all or substantially all of the assets of your business, provided that any such assignee shall deliver to Antech a written assumption of all obligations and liabilities of yours under these Terms. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

 

If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

The failure of Antech at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. Antech reserves all rights not expressly granted herein. 

 

Antech Diagnostics Limited, a company registered under the laws of England and Wales

Registered Office: Atlantic House

21 Holborn Viaduct

London EC1A 2DY

United Kingdom

 

©2023 Antech Diagnostics Limited.  All rights reserved.