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TERMS AND CONDITIONS

• These Terms & Conditions shall apply to all service agreements by which the service provider to the client to the exclusion of all other terms and conditions including any terms or conditions which the client may purport to apply under any agreement, purchase order, confirmation of order or similar document. 
• Payment of the price and VAT shall be due prior to the services being provided unless the client is a court or solicitor awaiting confirmed assistance from the Legal Aid Board or equivalent in which case payment shall be made to the service provider immediately upon receipt by the client of such assistance form the Legal Aid board or equivalent. 
• The prices for any services are subject to change and unless otherwise stated all process quotes are exclusive of VAT. The price shall be subject to variation by the service provider in the event of an increase after the service providers acceptance of an order due to the cost of the service provider in providing the services. 
• An administrative change at the service providers discretion may ne added to any case whereby multiple DNA, Drug and Alcohols testing kits have been sent out and in promptly or incorrectly used. 
• In addition to these terms and conditions, the client shall be bound by the Privat Policy on the website.
• When providing consent for the provision and analysis of a test sample it is a serious offence and punishable by imprisonment to impersonate, or assist in the impersonation of another person or to offer the wrong child for that purpose
• Where an instructing party signs to provide consent for a child under the age of 18 years, it must demonstrate that they are legally qualified to provide such consent by being named on the child’s birth certificate or legal guardianship of the or via interim case order. 
• For Solicitor and Local Authority cas4es we do offer split invoicing services at our discretion, we do require the split invoicing from to be completed and returned prior to completion of testing.  
• In the event the case does not proceed due to Summit DNA Ireland being unable to secure a sample from the participant in the testing, we will only raise the invoice for a failed collection(s) to the instructing party.
• Although Summit DNA Ireland endeavours to ensure that the information on our website is accurate and up to date, no representation or warranty, express or implied, is made to its accuracy or completeness 
• In the terms of contract ‘sample’ will mean specimen accepted by Summit DNA Ireland for the purpose of DNA testing. The ‘requestor’ refers to the person who has submitted this test. 
• The test methodology is as follows:  A DNA profile is established for each donor of the test utilising a minimum of 16 STR loci that consist of short repetitive sequence elements, which may be amplified using polymerase chain reaction. Alleles are differentiated by the number of copies of the repeat sequence contained within the amplified region and are distinguished from one another by fluorescence detection following electrophoretic separation. Biological parenthood / relationship is established or rejected by comparing these DNA profiles of each donor, as for each locus a biological parent is expected to match half of the child’s DNA.
• The results are released only when all charges have been made. Full payment is due once the samples/ specimens have been taken, and the fees non-refundable once testing has commenced. 
• The standard fee will cover: The DNA kit, the analysis of the test result, the test report. The fees do not cover: The attendance of expert witnesses at court hearing, any extra scientific work required, any extra work arising as a result of the testing procedures or results of such. 
• Summit DNA Ireland reserves the right to request additional samples, especially but not exclusively, in cases where the sample taken does not comply with the volume specified in instructions, or where the integrity of the sample is in doubt or chain of custody has not been kept for legal cases. 
• In a case of genetic mutation which occurs in 1-2% of cases, the final test results will depend on careful interpretation of the data by the laboratory scientists.
• Due to the complexity of genetic inheritance some special tests which include siblingship tests may reveal insufficient data to yield a definite exclusion or inclusion. In the event of obtaining inconclusive results due to unexpected biological variations in the DNA Summit DNA Ireland is not responsible. 
• Summit DNA Ireland limits its liability to the cost of the test and disclaims liability for other losses, either directly or indirectly arising from the test results.
• Summit DNA Ireland does not accept responsibility for any acts or omissions of the independent samples (GP) taking the specimens. 
• We will endeavour to produce reports within the stated time frame given but cannot be held responsible if reporting is delayed. 
• Summit DNA Ireland will not take responsibility for specimens damaged in transit. 
• Summit DNA Ireland will send a copy of the report to the requestor via email and all other parties noted on the report request form (legal cases). 
• Summit DNA Ireland will keep the results confidential and will not submit them to any other party. 
• Summit DNA Ireland will carry out the test on the understanding that the requestor will communicate the results of the report to all persons who have consented to a DNA sample be tested. All samples received will be destroyed 12 months after the date of report unless otherwise instructed in writing by the client. 
• In cases where samples were not collected under strict chain of custody by a neutral third party and the laboratory cannot verify the origin of the samples; this test may not be defensible in a court of law for the establishment of paternity or any other legally related issue.
• The tested parties expressly understand that Summit DNA Ireland is not responsible for any psychological, legal, or practical consequence of this test.
• Where the client is also a data controller, where you are instructing Summit DNA Ireland with regard to the provisions of services, we shall handle all personal data in accordance with our privacy policy (available on our website). This includes, collection of billing information, contact details for fulfilment of a contract. Summit DNA Ireland shall be controller with respect of such personal data. 
• You shall indemnity and keep Summit DNA Ireland fully and effectively indemnified in respect of all losses, damages, costs and charges, liabilities including regulatory penalties imposed on Summit DNA Ireland arising out of or in connection with a breach by you of the data protection legislation including without limitation, the failure to adhere to the baove4 provisions by documenting to the data subject the services required. This includes Summit DNA Ireland contacting any party named with regards to split invoicing, or donors to arrange sample collection. 
• For cases where the samples were not collected under strict chain of custody by a third neutral party, and the laboratory cannot verify the origin of the samples, this test result may not be defensible in a court of law for the establishment of paternity or nay other family testing case, any Drug and or Alcohol results. 
• The service provider shall not be liable for nay results that are reported as inconclusive due to the nature of the genetic statistical analysis.
• For the analysis of peace of mind DNA Tests, it is the responsibility of the client to ensure that the samples are taken in accordance with the instructions provided. 
• Each party should full indemnify and keep indemnified the others against all loss, damage, costs, claims, expenses, and other liabilities suffered or incurred but h other party arising form or in connection with the breach of any its obligations under these terms and conditions, service agreement or other agreement. 
• For the analysis of drugs and alcohol biomarkers in hair strands, it must be borne in mind that hair is biological substance, and its uptake of such substances will take place with some degree of variability, both for the same individual and between individuals. Following consumption of such substance there will also be some degree of variability in the production an uptake of their products of metabolism into hair strands. Failure to detect metabolites of parent drug in a hair sample may result in not being able to conclusively prove ingestion of that substance. 
• The client understands that whilst the particular testing that the service provider undertakes is highly accurate, as with any testing there is a possibility of error or omission. The client therefore acknowledges and accepts that in the event of the client being able to establish a claim for damages resulting from any act of the service provider whether negligent to otherwise, the service provider’s liability shall not exceed the cost paid for the test and agrees to keep the service provider and its agents, offices and employees harmless for all further claims or damages. 
• Samples taken for DNA analysis that have not been processed for any reason shall be destroyed 12 months following their collection date as they no longer be viable. Technical reports and documentation received shall be held for a period of twelve months from the date of the test report.
• Where the service provider is undertaking services for Etg or FAEE analysis, the client shall be required to provide a hair sample of at least 230 milligrams. Should the service provider request, the client shall provide additional samples as necessary. 
• Delivery times provided to the client shall be appropriate as the service provider specified may alter or third parties may delay delivery of products or services. The service provider shall not be liable for nay delay in the delivery of the service and time shall not be of the essence. 
• The service provider may cancel any agreement with the client at any time before the services are delivered or following delivery by giving written notices. No refund is payable to client once analysis of the samples has commenced. 
• Refund Policy:

1. If the service is cancelled before the service provider issues the kit to the client, then a full refund will be given.
2. If the service is cancelled after the service provider issues the kit but before the client sends back the samples, then an administration fee will apply of €20.00
3. If the service is cancelled once samples are received by the service provider, then no refund will be due. 
4. Due to the personalised nature of the kit, which is customised for each client, the services falls outside the Distance Selling Regulations.