Terms and Conditions

Unless otherwise agreed to in writing these terms and conditions represent the only terms and conditions upon which Unistel will provide Animal Testing Services to Customers.

2. Definitions

2.1        “Animals” and “Animals Testing Services” refers to the Services offered by Unistel from time to time which may include game, dogs, cattle, horses, ostriches, birds, sheep and goats;

2.2       “Courier” means the transporter contracted by the Customer to deliver the Sample Specimen/s to Unistel;

2.3       “Customer” means the person or entity requesting services from Unistel through the completion of the Test Requisition Form;

2.4       “Fees” means the monies due and payable by the Customer for the delivery of Services;

2.5       “Sample Specimen/s” means any sample or material supplied by the Customer to Unistel;

2.6       “Send away Tests” means tests not performed by Unistel but subcontracted to another laboratory;

2.7       “Services” means the genetic, diagnostic and analytical testing services in relation to Animals to be provided by Unistel to the Customer as per the Test Requisition Form;

2.8       “Test Requisition Form” means the test requisition form completed by the Customer requesting Services in respect of Sample Specimen/s;

2.9       “Test Result/s” means the report prepared by Unistel as part of the provision of Services that may set out information in relation to testing methods, tests, test results or other information as may be specified by Unistel from time to time;

2.9       “Unistel” means Unistel Medical   Laboratories (Pty) Limited, a South African company with registration number 1998/021075/07 with its main laboratory located at University of Stellenbosch Faculty of Health Sciences, Clinical Building, 2128, Tygerberg.

3. Appointment

3.1       The Customer hereby accepts these terms and conditions and appoints Unistel to perform the Services requested on the Test Requisition Form.

3.2       Unistel may subcontract certain Services to another laboratory which is known as a “Send away Test”. The Customer hereby agrees to Unistel subcontracting certain Services.

4. Customer Obligations

4.1       It is the Customer’s obligation to contract with a courier service to deliver the Sample Specimen/s to Unistel at its main laboratory. Unistel only takes responsibility for the Sample Specimen/s once it has been delivered to its main laboratory in a timely manner and if the Sample Specimen/s is confirmed to be in good order and condition. Unistel may from time to time nominate a courier company and depots at which Sample Specimen/s can be dropped off by the Customer for free delivery to Unistel. The risk of delivery for the Sample Specimen/s remains however with the Customer until Unistel has acknowledged receipt at its main laboratory.

4.2       The Customer is responsible for providing Unistel with accurate and timely information on the Test Requisition Form. Any incorrect information or lack of information will result in a delay in the delivery of the Services or possible non-delivery of Services and the rejection of the Sample Specimen/s.

4.3       The Customer is responsible for providing Unistel with sufficient and good quality Sample Specimen/s as no Services can be rendered without this.

4.4       The Customer is responsible for accurately labelling samples sent to Unistel.

5. Sample Specimen/s

5.1       The Customer is responsible for the sufficiency of the Sample Specimen/s, its quantity and form, the provision of adequate information to Unistel and any other information that may be relevant in terms of the handling, testing, storage, transport and disposal of the Sample Specimen/s.

5.2       The Customer bears the full risk of all costs and expenses in connection with the delivery of the Sample Specimen/s to Unistel.

5.3      The Customer acknowledges and agrees that:

5.3.1     Unistel will not in any way be liable for any damage to the Sample Specimen/s;

5.3.2     The Sample Specimen/s may be altered, damaged or destroyed in the course of providing the Services to the Customer and Unistel cannot be held liable for any such alteration, damage or destruction;

5.3.3     Unistel is not obliged to return the Sample Specimen/s to the Customer in its original form or otherwise unless it has been specifically agreed in writing and at the cost of the Customer;

5.3.4     Unistel may in its sole discretion store, destroy or otherwise deal with the Sample Specimens as it deems fit.

6. Turnaround time

6.1       Test Results are issued by Unistel on average around 10-20 working days from receipt of the Sample Specimen and providing that all the Customer Obligations in these terms and conditions have been met.

6.2       Test Results for Send away Tests are issued on average 20-30 working days from receipt of the Sample Specimen and providing that all the Customer Obligations in these terms and conditions have been met.

7. Payment Terms

7.1       The Customer is obliged to make full payment to Unistel for any Fees due in respect of Services rendered.

7.2       For a full list of fees payable in respect of Services please refer to Unistel’s tariff fee list.

7.3       Fees are either payable in cash upon completion of the Test Requisition Form or within 30 days of receipt of an invoice from Unistel.

8. Warranties and Liabilities

8.1       The Customer acknowledges that by its very nature the rendering of the Services herein is not a field in which accurate or exact results will always be produced as n number of factors outside the control of Unistel may impact the results. The Customer acknowledges that this may limit their ability to rely on the Test Results and will only do so for the specific purposes indicated by Unistel on the Test Result.

8.2       Unistel’s liability to the Customer is limited to the Fees charged in respect of the Services and the Customer agrees that it will not hold Unistel liable for any damages, consequential damages, losses or loss of goodwill in relation to any incorrect or inconclusive Test Result.

9. Intellectual Property

9.1       All Test Results will be made available to the Customer in hard copy or upon request in a PDF format.

9.2       All internal data, documents and other information generated for the purposes of rendering the Services remains the Intellectual Property of Unistel and may not be used without the express permission of Unistel.

9.3       Where Test Results are used in research projects the Customer must ensure that Unistel is accredited therewith in any publication.

10. General

10.1      These terms and conditions are governed by South African Law and the parties hereby agree to have any dispute arising herein decided subject to the jurisdiction of the High Court of South Africa, Western Cape Division.

10.2      Neither party shall be liable for non-performance or delay to the extent that such delay or non-performance is caused by events or circumstances beyond their control. Any party experiencing such force majeure is however required to give the other party written notice immediately upon the occurrence of such event and again when the event has ceased.

10.3      Unistel shall be entitled to subcontract any Services or part thereof in its discretion.

10.4      No amendment to these terms and conditions shall be valid or effective unless reduced to writing and signed by both parties.

10.5      The completion and submission of a Test Requisition Form constitutes acceptance of these terms and conditions.

10.6      The completion and submission of a Test Requisition Form means the Customer agrees to Unistel processing the personal information of the Customer submitted therein for the purposes of conducting the relevant tests and agrees to the terms and conditions of Unistel’s Privacy Policy that can be found at www.unistelmedical.co.za.

10.7      Unistel may amend these terms and conditions at any time by posting the amended terms and conditions on its website.