OUR TERMS

Welcome to EquineTest's website! By using our website, you agree to the below linked terms and conditions. These terms govern your use of our website; by using our website, you accept these terms in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

General Terms and Conditions – SEQme s.r.o. | EquineTest.com

If the General Terms and Conditions are issued in various language versions, in case of doubt, the English version hereof shall prevail. Other language versions of these Terms and Conditions shall serve for informative purposes only.

Article 1 - Applicability and Basic Definitions
These terms and conditions (hereinafter the “Terms and Conditions”) shall regulate all contractual arrangements between SEQme (hereinafter the “Provider”) as the owner and the operator of the website EquineTest.com and the customer as the buyer of the services or goods (hereinafter the “Customer”) offered by the Provider exclusively at the website EquineTest.com, unless expressly agreed otherwise in writing.

The goods and services within the meaning of paragraph 1 of this Article include:

• Laboratory analyses (hereinafter the “Analyses”),

• Other supplies and services agreed on the basis of the Provider’s bid submitted to the Customer, or on the basis of an agreement entered into between the Customer and the Provider.

The following definitions shall serve for the purpose of these terms and conditions:

• Agreement is any agreement established upon the acceptance of the Provider’s offer, pursuant to which the Provider shall supply goods or render services to the Customer.

• Samples are any biological materials which the Customer submits to the Provider, typically for the purpose of an Analysis.

• Analysis is the laboratory analysis of a provided sample, with the use of methods and produces, and to the extent specified in the purchase order.

• Website means the website available at www.equinetest.com.

Except for the present Terms and Conditions and any specific terms and conditions agreed directly between the Parties, the Agreement does not contain any other provisions which may be in conflict with the present Terms and Conditions, or any other contractual terms and conditions, especially the Customer’s terms and conditions, even if the Provider has been fulfilling this Agreement without an express refusal of such terms and conditions.

Article 2 - Purpose of Agreement

The Provider accepts purchase orders for Analyses in writing, by mail or in person, via the Provider’s Website or e-mail. The Customer and the Provider agree that by ordering Analyses via the Provider’s Website or by email, a contract negotiated at the distance shall be entered into whose inseparable part are also these terms and conditions. The subject matter of this contract for work is especially the Provider’s commitment to carry out the laboratory Analyses of Samples, and the Customer’s commitment to pay the price for such Analyses.

The Provider will provide details regarding the collection of Samples  and the Customer shall comply with such instructions. The Provider shall not be held liable for any Analyses failing as a consequence of the Customer’s improper collection of Samples.

As regards the delivery of Samples, the Customer shall respect all valid laws and regulations. Samples shall be transported by mail, transport contractors or carrier services. The Provider shall only accept Samples from Customers in person at the address of the Provider’s establishment based on a prior agreement with the Customer.

The Provider shall commence the Analysis as of the moment of the Sample acceptance. Until the Samples are accepted by the Provider from the carrier, the risk of damage or loss shall be on the Customer’s side and the Customer shall not be entitled to raise any claims for damages against the Provider. The Provider undertakes to store the samples in such a manner that the samples cannot be damaged or misused. The Customer undertakes to inform the Provider about special conditions for Sample handling and storage.

All samples must be duly marked so as to avoid any confusion; the marking must correspond with the Analysis specification. Should the Customer fail to comply with these requirements, the Provider shall be entitled to withdraw from the contract for work.

The Provider undertakes to carry out the Analyses with due expertise and care; however, the Provider does not guarantee that the Analysis will have the desired results. Even Analyses under which the desired results are not reached will be considered duly completed.

The Provider shall submit the Analysis results to the Customer. The work shall be deemed handed over and accepted on the date on which the results has been delivered to the Customer. The Provider shall not be held liable for the interpretation of the results and the conclusions made on the basis thereof unless agreed otherwise.

The Provider will not send the Samples back to the Customer. Samples that are not sent back and products / intermediate products of Analyses will either be stored or destroyed by the Provider, upon the termination of the period specified by Provider’s internal rules.

The Customer shall submit any complaints regarding the Analysis results within 30 days following the handover of the results or (where the Analysis errors are not obvious) following the date on which the defect was or should have been detected. The Provider shall not be held responsible for any incorrect Analysis results if no complaint is submitted during this period.

In the event of a justified complaint, the Provider shall decide, at its sole discretion, to either repeat the Analysis or provide the Customer with a refund on a pro-rata basis based on the results of the complaint procedure.

The Provider is entitled to make an unlimited use of the Provider’s know-how, working procedures, methodologies, software and experience for its own purposes, even if these are the result of activities carried out on the basis of an agreement with the Customer. The Provider is entitled to make use of the Analysis (excluding Customer’s confidential information and intellectual property) results solely for its internal purposes. The Customer is entitled to make unlimited use of the Analysis and Results.

Article 3 - Prices and Terms of Payment

The Customer and the Provider have agreed that the price for the services shall be determined on the basis of the Provider’s valid price list, unless otherwise agreed in writing. The Provider’s current price list is available on the Website or made available upon the Customer’s request. VAT shall be charged in addition to the price, in accordance with the applicable legal regulations. All incidental costs and payments, such as freight, customs and bank fees, etc. shall be borne by the Customer and may not be deducted from the price of the services unless agreed otherwise.

The Provider reserves the right to ask the Customer for an advance payment. If a delivery deadline is set in the purchase order confirmation, the corresponding period shall commence only after the receipt of the Customer’s advance payment.

Article 4 - Deadlines and Disclaimer

Unless otherwise agreed in writing, any deadlines set out by the Provider for the performance under this Agreement shall be deemed approximate only. The Provider shall not be liable for any loss, expenses, claims or damage caused by late delivery. If no deadlines are set out, the provision of services shall be completed within a reasonable period of time, with regard to their nature.

Failure to comply with any deadline for the provision of certain services shall only entitle the Customer to withdraw from the Agreement if:

• The Customer has reminded the Provider in writing about the possibility of the withdrawal as a consequence of the Customer’s breach of the deadline, and

• The Provider has failed to comply with its contractual obligations even during a reasonable extended deadline set out by the Customer.

The Provider reserves the right to disclaim the liability for any partial or full non-compliance with the contractual duties as a consequence of the occurrence of force majeure. Force majeure shall include, but not be limited to, natural disasters, strikes or similar events in the Czech Republic or in the country of the origin of the spare parts or other material necessary for the successful completion of the Analyses. If an Agreement is terminated as a consequence of force majeure, the completed works or rendered services shall be charged in accordance with the present Terms and Conditions.

The Provider hereby declares that the Provider has taken out an insurance policy for the entrepreneur’s third party liability insurance.

Each of the Parties shall be responsible for damage, in accordance with the general legal regulations and the Terms and Conditions. Both Parties undertake to exert maximum effort to prevent the occurrence of damage and to minimise the effects of any damage occurring.

Neither Party shall be liable for damage caused by a factually incorrect or otherwise faulty specification received from the other Party.

The Parties have agreed that any claim for damages resulting from the breach of Agreement, including all penalties, to be settled as a result of the breach of the Agreement, except as regards a penalty under Article 3 (5) of the Terms and Conditions, shall be limited to an amount corresponding to the price for the services rendered by the Provider under the Agreement and paid by the Customer. Both Parties hereby waive any claims for lost profit, and lost profit shall not be included in the limit according to the first sentence of this paragraph.

Article 5 - Confidentiality and Data Protection

The Provider is entitled to process the data provided by the Customer including personal data; in this process, the Provider shall treat all information provided by the Customer as confidential information, in accordance with the applicable provisions.

Personal data of Customers are processed in connection with the subject of the Provider's activity, due to the conclusion of a contractual relationship in order to provide the Customer with a service or other fulfillment, or due to negotiations leading to such a contractual relationship, to improve the services, to respond promptly to Customer’s requests and to send commercial communications.

Personal data of customers are kept for 26 months. When new customer activity is resumed, this time is reset. This is without prejudice to the obligation of the Provider to store personal data of customers beyond that time in connection with the realization of rights and obligations of previously concluded contractual relationship according to valid regulations.

Both Parties are obliged to keep confidential all data and information to which they gain access during the fulfilment of the obligations arising from the contractual arrangements between the Parties. Confidential information shall include information that is not a matter of public domain and where the character of such information indicates that the other Party will be interested in keeping it secret, or information which either of the Parties expressly declares confidential.

In the context of the liability according to the previous provisions of this Article, the Customer undertakes not to provide any access to the Provider’s confidential information within the meaning of the previous paragraphs to any third parties with an identical or similar scope of business as the Provider, without the Provider’s written consent.

The Parties shall indemnify each other against any damage caused by the Parties’ demonstrable violation of the obligations according to this Article.

The provisions of this Article shall survive the termination of the Agreement signed between the Parties.

Article 6 - Intellectual Property Rights

The intellectual property rights arising from the services rendered by the Provider to the Customer on the basis of the contractual arrangement shall remain the Customer’s exclusive property. The Customer is entitled to freely make use of such intellectual property rights. The Customer shall refrain from any actions which may infringe the Provider’s intellectual property rights except insofar as this is necessary to use the analysis and/or results.

Article 7 - Final Provisions

The Parties undertake to take all action that may have a significant impact on performance under the Agreement, in writing. This operation is only considered valid if the document is duly delivered to the other Party. This shall not affect the possibility of using electronic communication.

The Provider may under no circumstances be imposed any other or stricter duty or liability than what is stipulated in the present Terms and Conditions, unless expressly confirmed in writing by the persons authorized to act for the Provider, or persons expressly authorized for such action.

The Parties undertake to make every effort in order to settle amicably all disputes arising from or in connection with the Agreement entered into in accordance with the present Terms and Conditions or in connection herewith, and to solve all such disputes by agreement. All disputes which cannot be solved amicably will be referred to the general courts of the Czech Republic.

The present Terms and Conditions shall come into effect on 1 January 2024 and shall replace all previous versions.