COVID-19 Test to Return Terms and Conditions
TERMS AND CONDITIONS COVID-19 (EXCLUDING TEST TO RETURN)
1. WHO WE ARE
Any references to we, “us, our and Randox within these terms and conditions are used as collective terms to include the relevant company within the “Randox” groups of companies, including Randox Laboratories Limited and Randox Health Checks (NI) Ltd, and their subsidiary and holding companies which is undertaking your testing. Randox Laboratories Limited (Randox Labs) is a company registered in Northern Ireland (registered number NI015738). Randox Health Checks (NI) Ltd (Randox Health) is a company registered in Northern Ireland (registered number NI610940). Randox Teoranta Ltd and registered in the Republic of Ireland (registered company number 460557). Any reference to “you, your, customer, or client” relates to the person ordering a Covid 19 Home Test Kit.
2.1. Purpose: To determine the presence of COVID-19 virus including various strains/variants in a correctly, properly returned and intact swab sample, using the sample collection kit provided.
2.2 “You” are the customer and have either accessed our website, entered one of our clinics or called our telephone number and you intend to place or have placed an order for our Service.
2.4 By purchasing our Service you are giving Randox Health and its partner laboratory Randox Clinic Laboratory Services your informed consent to perform the tests you have ordered. Service may be facilitated by third party subcontractors, servants or agents, professionally trained who will abide by your strict protocols, health and safety and privacy requirements.
2.5 Services are offered subject to availability at the time of booking. Randox Health reserves the right to cancel, reschedule appointments or deliveries, but Randox will endeavour to accommodate the client, where possible.
2.6 Please note that the service that Randox provides does not include collection from your address. If you are purchasing a Home Test Kit, it is your obligation to arrange for the Home Test Kit to be returned to Randox to fit your time scale. Such time scale or time frame is your prerogative, and not the obligation of Randox.
2.7 Time is not of the essence in this contract and Randox do not accept any responsibility or liability for any losses arising if the test result is not provided to you within your required timescale, which may have been stipulated by third parties. Please note any such time frames are subject to privity of contract, between you and the third party, and to which Randox are therefore not bound. Randox will use its reasonable endeavours to perform its obligations detailed below as soon as practically possible.
2.8 Randox may suggest some recommended courier services from time to time, to assist you with returning your Sample to Randox, but please note that this is by way of a gesture of goodwill. These couriers are not acting as employees, servants or agents of Randox, and as such, do not have any actual or ostensible authority on behalf of Randox, nor will vicarious liability for their actions attach to Randox. Randox will not be held responsible for their service with regard to the delivery of Samples to Randox on your behalf.
2.9 Failure to comply with any of your obligations in this agreement is an anticipatory breach, inter alia. It will render performance of Randox obligations under contract impossible and you are therefore committing a repudiatory breach. In such circumstances, Randox is entitled to accept your repudiation and choose to be no longer bound by the contract and relinquish all and any liability that Randox may have had to you for the service.
3. OBLIGATION OF YOU THE CUSTOMER
3.1 Provision of Sample by you for Testing by Randox:
The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you, and included in your contractual obligations below. This includes both throat and nasal swab. If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming and Randox accepts no responsibility for losses arising in such circumstances.
3.2 In order to meet these requirements you must follow the instruction supplied with your testing kits:
3.2.1 Intended Use
220.127.116.11The COVID-19 Screening Sample Collection Kit is intended for use in the collection and transport of nasopharyngeal swabs to be analysed by Randox Laboratories for the detection of the 2019-Novel Coronavirus (SARS-CoV-2).
18.104.22.168Before you start, read all the instructions in this leaflet, and make sure you fully understand how the test should be done. Do not unpack the test kit until you are ready to take the test.
22.214.171.124 Only take this test if it is addressed to you. This test can be conducted on multiple age levels, please follow this guide for who should administer the test: 18+ Years Old – Self-administer test (unless unable to do so), 12 – 17 Years Old – Self-administer test with adult supervision, 11 Years and Under – Adult to administer test on the child. If for any reason you cannot complete the test continue to self-isolate as a household as per the government guidance.
126.96.36.199 Prior to taking your swab sample, please ensure you have arranged the return of your kit via your courier of choice. After taking your sample please endeavour to return your sample as soon as possible.
3.2.2 Sample Collection
188.8.131.52 Before starting, wash your hands thoroughly, for at least 20 seconds, using hand wash & warm water, or use hand sanitiser
184.108.40.206 Remove the supplies from the kit (see Figure 1): 1 swab (A), 1 sample collection tube (B), 1 transportation tube (C), 3 URN labels (D), 1 pathoseal bag (E), 1 large postal envelope (G) and 1 UN3373 Box (F).
220.127.116.11 Fully attach one adhesive URN label to the sample collection tube (B) and another to the pathoseal bag (E). Attach the remaining URN label to these kit instructions and keep for your own reference.
18.104.22.168 Open the package containing the swab (A) and remove without touching the soft tip.
22.214.171.124 Throat swab: Holding the swab in your dominant hand, open your mouth (use a mirror for guidance) and gently rub the swab over both tonsils and the back of the throat. Take care not to touch your tongue, teeth, or gum, or any household surfaces.
126.96.36.199 Nasal swab: Remove swab from the mouth and gently insert swab into nostril about 1 inch (2.5cm) or until some resistance is met. Rotate the swab 5 times against the nasal walls and repeat in the other nostril.
188.8.131.52 Remove swab from the nose, and while holding the swab, remove the lid from the sample collection tube (B) and immediately place the swab into the tube with the fabric tip down, again taking care not to touch any other surfaces. Break, snap or cut swab to fit inside the sample collection tube, and then replace the sample collection tube lid, ensuring it is securely fastened.
184.108.40.206 Wash hands again
3.2.3 Sample Registration Guidelines:
It is crucial that you register your URN at https://www.randoxhealth.com/register-kit. This registration process is essential, as without it, Randox will not be able to provide you with results. You will not be able to receive your results if you have not registered your URN online. By submitting a sample to our laboratory, you are consenting to the testing of that sample.
3.2.4 Packing Guidelines
220.127.116.11 Place the labelled sample collection tube (B) containing the swab sample into the transportation tube (C) and seal.
18.104.22.168Place the transportation tube (C) into the labelled pathoseal bag (E) and seal the pathoseal bag by removing the metallic silver strip. Ensure the blue adhesive strips make a tight seal of the bag.
22.214.171.124 Insert the sealed pathoseal bag into the UN3373 box (F) and place the box into the UN3373 return envelope (G) provided. Seal the UN3373 return envelope by removing the metallic silver strip and wipe down the exterior of the bag.
3.2.5 Return Guidelines
126.96.36.199 Randox may suggest a number of reputable couriers to assist the customer in fulfilling their obligation of getting the test to Randox within the required time frame, this is done as a gesture of goodwill to you, but ultimately it is the obligation of the customer to ensure the test gets to Randox in good time.
188.8.131.52 Please arrange delivery via courier of your completed kit to the address printed on the UN3373 Return Envelope (G).
184.108.40.206 Please ensure your chosen courier is able to handle biological samples according to UN3373 requirements. We recommend you select a tracked service.
220.127.116.11 Randox may provide return label as a Goodwill gesture. In this case you may prefer to use provided label
3.3 It is your obligation to ensure that the sample is returned to Randox with sufficient time for Randox to be able to test the sample and provide you with result. Randox will aim to provide results in 12-24h once sample is received at our Laboratory in Northern Ireland. This time frame is subject to change, and is approximate only, noting the above provision that time is not of the essence.
3.4 This agreement dictates the terms regarding the agreement. Randox are not bound to adhere to any time frames that you require or may be set by a third party.
3.5 Should Covid 19 restrictions be in place in your area when you are seeking to return a sample to Randox, if you are not legally able to travel, you must ensure that the sample is delivered by an alternative means. This is not the responsibility of Randox and no liability will attach in this regard.
3.6 Randox is not a travel agent and does not provide travel advice. It is your obligation to establish the requirements for travel for your journey. Different countries have different requirements. Randox are not liable for any losses arising because you have not met your travel requirements.
4. OBLIGATIONS OF Randox Laboratories Ltd
Randox will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. Randox Health will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence, results/reports may be delayed. Randox will not be held accountable or liable for delays with testing that is outside of their control.
Following receipt of your sample, we will make every reasonable endeavour to provide your test results within a reasonable timeframe following our laboratory receiving your sample. Delivery dates for test results are approximate only and Randox will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our services in the current challenging circumstance, as well as subject to further terms in this agreement. You acknowledge that you will receive your results to the email address provided by you when booking your test. It is your responsibility to ensure that Randox Health has the correct information pertaining to your email address.
4.3 Refunds/Cancellation Policy:
Due to the proficiency of our services, our logistical response to orders is instantaneous. Once an order is placed, things are set in motion which cannot be undone, and the order shall be delivered accordingly.
Randox is unable to offer refunds for the following reasons:
4.3.1. The test kits are not suitable for return due to health protection or hygiene reasons, as per Article 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regs”)
4.3.2. It is a government requirement to meet UKAS accreditation to ensure full chain of custody of samples is traceable. Each test Kit is personalised with a unique reference number for the purposes of the testing process and further personalised with unique booking reference numbers due to government requirements for passenger locator forms The kit is therefore exempt from refunds as per Article 28(3)(b).
4.3.3. Depending on the shelf life of the subject kit, the test kits are liable to deteriorate or expire rapidly and therefore they are exempt from returns under Article 28(1)(c) of the 2013 Regs
4.3.4. Following government advice, on a zero-tolerance approach to fraud, criminal activity, and breaches of Covid restrictions and in the interests of Public Health Protection, In cases of Force Majeure as detailed in section 9 of this agreement
Randox does not condone or encourage any breach of Covid 19 restrictions. You must consider the current legislated position in your area at the time of booking. It is your responsibility to ensure that your Obligations under contract as listed above are not in breach of local laws or restrictions. Randox will not be held liable should any restrictions apply to you and you are unable to meet your obligations, this applies in circumstances where these restrictions change after the date of booking the Service, rendering you unable to perform your obligations.
If due to Covid 19 restrictions, you are not able to travel to return your sample to one of the Randox Drop Boxes or other return means provided as a gesture of Goodwill, then it is your obligation to arrange an alternative means for the sample to be returned to Randox to meet your timeframe.
Any individual under the age of 18 should be accompanied and supervised by an adult to assist with using the Home Test Kit or attending an appointment.
Nothing in these terms or conditions excludes or limits the liability of Randox as follows: – 1) for death or personal injury caused by our negligence, or 2) under section 2 of the Consumer Protection Act 1987, or 3) for fraud or fraudulent misrepresentation, or 4) by the conditions implied under section 12 of the Sale of Goods Act 1979 or 5) by the conditions implied under section 2 of the Supply of Goods and Services Act 1982.Randox shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only. Different limitations may apply where you have ordered testing kits for resale to third parties, or are otherwise operating as a business, and these terms are without prejudice to any separate terms that apply in that context, which would have been communicated to you at the point of sale.
Any time frames alluded to above are approximate only and subject to change. Time is not of the essence in this contract and Randox do not accept any responsibility or liability for losses arising as a result of any delay, if the test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation is to include claims for losses where you have been unable to travel or work.
Randox will not be held liable for any losses arising as a result of your failure to adhere to your obligations or follow instructions as set out in this contract.
7. PERSONAL INFORMATION
8. YOUR SAMPLE
By agreeing to these Terms & Conditions, you are providing Randox with consent to test a sample that you have provided for the detection of SARS-CoV-2. This may be completed using a multitude of scientific methodologies, for further improvements of COVID specific testing systems and for the detection of mutations and Variants of concerns (VOCs). Randox aims and expects to securely and safely destroy all samples once all testing has been completed. It is not possible to return your sample to you.
9. FORCE MAJEURE
Randox shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:
9.1 Adverse events (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
9.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
9.3 rebellion, revolution, insurrection, or military or usurped power, or civil war;
9.4 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
9.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
9.6 acts or threats of terrorism.
9.7 Supply or delivery restrictions arising as a result of governmental Pandemic response.
9.8 Any supply/delivery limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions arising as a result of Brexit.
The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.
Aside from any legal obligations to the contrary, or disclosure of results by you to third parties, the nature of this transaction and agreement is strictly private and confidential. Any disclosure by you to non-permitted third parties, on any platform, regarding the dealings of the parties to this agreement, or the agreement terms itself, will be considered a breach of this clause. In such an event, Randox reserves the right to enforce the terms of this agreement to the full extent of the Law against you, should it be deemed necessary by Randox. Such proceedings may include claims for defamation, injunctive relief and pursuit of damages and reasonable legal costs associated, in the event of a legal basis for a claim arising.