IGENZ Limited - Terms and Conditions

This Agreement sets out the terms and conditions (Terms and Conditions), which may be reviewed from time to time by Igenz Limited (Igenz), upon which Igenz agrees to supply services to you (the Client).  The Client, in signing these Terms and Conditions acknowledges having read and understood these Terms and Conditions and agrees to abide by them.  These Terms and Conditions shall apply to all services provided by Igenz.

Estimates and Charges

If requested, written estimates of fees and testing charges will be provided before work commences.  All estimates are exclusive of Goods and Services Tax (GST) unless otherwise stated.  Estimates are provided as a guideline only and final fees charged will be based on Igenz’s usual rates as at the date the services are provided to the Client.

Igenz’s fees and testing charges may be changed at any time by Igenz in its sole discretion by giving 20days’ written notice to the Client.

GST

The fees referred to in a Proposal are exclusive of GST and represent the GST exclusive supply price.  GST at the rate applicable at the time of supply of services will be added to the GST exclusive supply price for the supply of any goods or services.

Quotations

In certain circumstances quotations will be provided.  Any quotation provided will be recorded in writing and clearly specified as a quotation.  All quotations are exclusive of GST unless otherwise stated.  A quotation is open for acceptance by the Client within 30 days from the date of the quotation and may be withdrawn or varied by Igenz at any time prior to acceptance.

Payment

The time for payment shall be of the essence.  All invoices are payable, without deduction or set-off, on the 20th day following the month of invoice, unless otherwise agreed in writing.

Without prejudice to all of Igenz’s recovery rights or any other remedies, overdue accounts will incur penalty interest at the rate of 2% per month or part thereof.  Igenz reserves the right to suspend or terminate any of its obligations under these Terms and Conditions including, without limitation, the supply of services to the Client, where accounts are overdue.  All collection costs will be to the Client’s account.  Igenz will not be liable to the Client for any loss or damage suffered by the Client as a result of Igenz exercising its recovery rights under these Terms and Conditions.

If you are a private, fee-paying patient and have a sample referred to us, payment is required prior to testing. Bank account details are as follows:

IGENZ Limited

Westpac
03–0175–0262563–000

Please use your surname as a reference. Results may be delayed if payment is not received.

Igenz Materials

Unless otherwise stated, all material supplied by or on behalf of Igenz to the Client or any officer, employee, agent or contractor of the Client in the provision of the Services is Igenz’s copyright and shall remain the exclusive property of Igenz.  The Client may not use, reproduce or communicate any part of such materials except for the purpose for which they were supplied, without the prior express written permission of Igenz.

Privacy

All information obtained from the Client is held by Igenz subject to the provisions of the Privacy Act 1993 (and, where applicable, the Health Information Privacy Code 1994) for the use of Igenz in the course of its business, including direct marketing activities.  The Client authorises Igenz to use any information it has about the Client for credit assessment and debt collection purposes.  The Client (if an individual) has the right to access and request the correction of his or her information held by Igenz.

In performing the services Igenz may obtain laboratory test results relating to the Client or any officer, employee, agent or contractor of the Client.  The Client acknowledges that a person is entitled to access their own laboratory test results.  Igenz will provide an individual’s laboratory test results to that individual upon request.

Acts of a Third Party

If Igenz acts as a agent acting on behalf of a third party (Principal) in carrying out testing services, Igenz disclaims any liability in relation to the acts or omissions of the Principal and for any default of the Principal relating to the provision of or access to the testing services and/or the laboratory test results.

Consumer Guarantees Act and Fair Trading Act

The Client acknowledges that if it is acquiring the goods and services for business purposes, the provisions of the Consumer Guarantees Act 1993 (CGA) are excluded.  If the Client is a consumer under the CGA, nothing in this clause will affect the rights of the Client under the CGA.

The Client will not do or omit to do anything which gives rise to any liability on the Client’s part or on the part of Igenz under the CGA or the Fair Trading Act 1986 (FTA).  The Client will not make any representation or give any guarantee, warranty or other undertaking in relation to the services provided by Igenz unless that representation, guarantee, warranty or undertaking is supplied by Igenz in writing.

Liability and Indemnity

All representations, warranties, or conditions, whether implied by statue, law, trade, custom or otherwise that may otherwise apply to the services provided by Igenz are excluded to the fullest extent permitted by law.  The Client warrants that it has used its own skill and judgement in deciding to enter into this Agreement with Igenz for the services and that the Client has not relied on any representation made by Igenz which has not been stated expressly in the Terms and Conditions, or upon any descriptions, illustrations or specifications contained in any document (including publicity material produced by Igenz).

Igenz (including its officers, employees, contractors and agents) will not be liable, whether in contract, tort (including negligence), equity or otherwise, to the Client or any third party for any direct, indirect or consequential damage, loss, cost or expense (including, without limitation, damage to property, injury to persons, loss of profits or missed opportunities) arising from any service supplied by Igenz.  If, notwithstanding this clause, Igenz (or any of Igenz’s officers, employees, contractors or agents) should incur any liability in relation to the supply or failure to supply, any services, then the liability of Igenz shall be limited to direct costs and losses arising from that act or omission and, in any event, shall not exceed in aggregate the amount paid to Igenz in respect of the relevant services.

The Client shall at all times indemnify and hold harmless Igenz and its officer, employees, contractors and agents from and against any claims, losses, costs, damages, expenses (including legal costs and expenses on a solicitor/own client basis), liabilities, proceedings or demands, whether direct or indirect, incurred or suffered by any of them arising out of:

a breach of the Terms and Conditions or of any warranty given by the Client in relation to the services supplied, on the Client’s part or on the part of any person for whom the Client is responsible; or

any wilful, negligent or unlawful act or omission of the Client or any person for whom the Client is responsible.

Default and Termination

Igenz may suspend or terminate any agreement incorporating the Terms and Conditions, and the payment of all amounts owing by the Client to Igenz under the Terms and Conditions shall immediately become due and payable, if the Client:

  1. is in breach of any term of the Terms and Conditions or any other agreement with Igenz;
  2. is unable to pay its debts as they fall due or ceases or threatens to cease conducting its business in the normal manner;
  3. enters into, or attempts to enter into, any composition, assignment or other arrangement with, or for the benefit of, its creditors;
  4. becomes, threatens or resolves to become, or is in jeopardy of becoming insolvent;
  5. being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; or
  6. being a natural person, dies.

Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with New Zealand law.  Each party agrees to submit to the exclusive jurisdiction of the tribunals and courts of New Zealand with respect to any claim or matter arising out of or in connection with this Agreement.

Those clauses of the Terms and Conditions that are intended to survive termination shall survive the termination or expiration of the Terms and Conditions.

Downloads
Contact

IGENZ Ltd
Level 2, Quay Park Health
68–70 Beach Road
Auckland

PO Box 106542
Auckland 1143
Phone 09 3073981
Fax 09 3073983
info@igenz.co.nz