TERMS AND CONDITIONS
1 INTERPRETATION In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Services from the Supplier;
1.2 “Supplier” means DNA Link, a company existing under the laws of Republic of Korea, with its principal office at 150 Bukahyun-ro Seodaemun-ku Seoul Republic of Korea;
1.3 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL 2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 PRICE AND PAYMENT 3.1 Payment of the price shall usually be paid on application for individual service results and by contract or Service Level Agreement terms as applicable. Payment can be made by credit/debit card on-line or over the phone, by EFT or by cheque. Payment in arrears will be by prior agreement only.
3.2 There will be a separate charge for additional data analysis service results which are not covered in the quotation, extra analysis or treatment and any additional samples for analysis that is requested. The report will be in English, and there will also be a charge for translating any comments on the service results.
3.3 The Supplier will send an electronic report to the customer. If any further copies are requested, in any format, there will be an administration charge.
3.4 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.
4 CUSTOMER’S OBLIGATIONS To enable the Supplier to perform its obligations the Customer shall:
4.1 Provide all the information which may be needed for the Supplier’s proper performance of the services to Customer;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Keep the Supplier notified of their correct name, postal address and any phone, fax or e-mail information.
4.4 Comply with such other requirements as agreed between the parties.
4.5 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
5 SUPPLIER’S OBLIGATIONS 5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of practice.
5.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects at the point of dispatch.
5.3 Delivery of samples for analysis will be within 15 working days of receipt of the application and payment unless otherwise agreed by contract/Service Level Agreement. Delivery of results will be in accordance with what was agreed in the quotation.
5.4 Data protection: All paper copies of the questionnaire will be destroyed after processing and not returned to the customer. This is in accordance with Supplier’s confidentiality policy.
6 LIMITATION OF LIABILITY 6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.3 The Supplier cannot accept liability for items lost in the post en route to Supplier.
7 CANCELLATIONS Returns/refunds policy: Where a Customer cancels their order after receiving the samples for analysis, the Supplier shall offer the Customer a 50% refund of what have been paid already.
Where a Customer fails to complete the order for reasons unrelated to Supplier; there is no refund. Both parties must return or destroy information received from the other if asked to do so.
8 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 DISPUTE RESOLUTION Any disputes arising from the performance of this Agreement shall be resolved through friendly negotiation between Parties. In case such negotiation fails, any Party may bring legal action to the court in the area where the other party is located.
10 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforcable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforcable provision eliminated.
11 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of Republic of Korea and the parties hereby submit to the exclusive jurisdiction of the Korean courts.
DISCLAIMER This document is confidential and may contain legally privileged information. The information in this document is intended solely for the recipient specified in it. If you are not the intended recipient, please notify DNA Link at email@example.com and discard the document. Any disclosure, copying, distribution or any other action taken or omitted to be taken to prevent any information becoming public, is prohibited and may be unlawful. We do not accept responsibility for loss or damage arising from the use of this document. DNA Link Inc. is a limited liability company under the law of the Republic of Korea and is listed in the Commercial Register of the Chamber of Commerce under registration number 104-81-51912.