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Terms of Service CA

Antech Diagnostics Veterinary Reference Laboratory Testing and Consultative Services Terms of Service

EFFECTIVE NOVEMBER 1, 2021
These are the specific terms and conditions that govern the provision and use of Antech Diagnostics’ veterinary reference laboratory testing and consultative services unless otherwise agreed in a written agreement executed by an authorized representative of Antech Diagnostics (collectively, “Antech,” “we,” “us,” or “our”) and you (“you” or “client”). Unless expressly stated otherwise these terms and conditions (these “Terms”) control in the event of any conflict. Your purchase or use of our reference laboratory testing and consultative services (“Services”) constitutes your agreement to comply with all terms, conditions and legal notices contained herein, in addition to any other terms, conditions and legal notices that may be provided to you.

VETERINARY REFERENCE LABORATORY TESTING AND CONSULTATIVE SERVICES
Antech provides reference laboratory testing and professional consultation and interpretation services on a peer-to-peer basis. Our consultative specialists do not have the benefit of performing a clinical examination, nor the ability to conduct all pertinent tests on a patient. Our specialists rely on the information communicated by the veterinarian submitting the biological specimens, diagnostic images, or seeking guidance. By providing diagnostic results, advice, or guidance, Antech does not purport to diagnose or treat any patient. Test protocols and interpretations provided are based on recommendations from relevant veterinary or scientific literature and are provided as general guidelines only. Diagnosis and treatment decisions are the ultimate responsibility of the attending veterinarian with the established veterinarian-client-patient relationship (VCPR).

TURNAROUND TIMES, DELIVERY AND HANDLING OF SPECIMENS
We will use commercially reasonable efforts to meet published turnaround times. All turnaround times are based upon timely receipt of the applicable biological specimen or diagnostic image. We will attempt to advise you if we receive biological specimens that are damaged, contaminated, improperly preserved or packed, or which do not meet our specimen volume requirements.

We assume the risk of loss or damage to a specimen at the time possession of the specimen is delivered to an authorized representative of Antech. We reserve the right to refuse to accept or to rescind acceptance of any specimen which in our judgment is likely to pose any unreasonable risk in handling, processing, or analysis.

RETENTION OF SPECIMENS, IMAGES, TEST RESULTS, AND REPORTS
After completion of testing, we routinely retain biological specimens as indicated below:

CLINICAL SUBMISSIONS

  • Whole Blood — 7 days
  • Serum/Plasma 7 days
  • Urine — 7 days
  • EIA (Coggins): AGID and ELISA — 30 days
  • Slides: Hematology (includes Wright’s stained urine smears) — 7 days
  • Slides: Hematology (rechecks and pathology review) — 1 year
  • Microbiology: all specimens — 7 days
  • Slides: Microbiology (gram stain smears) — 14 days

PATHOLOGY (CYTOLOGY) SUBMISSIONS

  • Biological Specimens — 7 days
  • Slides — 90 days

PATHOLOGY (HISTOLOGY) SUBMISSIONS

  • Biological Specimens (wet tissue in formalin) — 30 days
  • Blocks — 18 months
  • Slides — 180 days

Unless otherwise specified or agreed in writing by an authorized Antech representative, we will retain copies of all diagnostic images submitted to Antech, all test results or analysis of biological specimens, and all consultative reports for a period of one (1) year.

After the expiration of the applicable retention period we may retain or destroy any biological specimens, images, results, analyses, and reports in accordance with our internal retention policies, and we may use them for scientific research, or our own commercial purposes, on an anonymized basis. All biological specimens become the property of Antech upon delivery to Antech or authorized Antech representative. Please see Use of Specimens and Data section below for more information on how we may use specimens, images, and data submitted to Antech.

QUALITY ASSURANCE
We will perform all Services in accordance with our standard operating procedures and protocols which are subject to regular quality assurance reviews.

Antech GLP offers laboratory services that are compliant with Good Laboratory Practice Regulations as provided for in 21 CFR Part 58. For more information about Antech GLP and its services please visit its website at antechglp.com.

HAZARDOUS MATERIALS AND HUMAN SPECIMENS
When submitting any specimen containing any hazardous substance you represent and warrant that such specimen will be packaged, labeled, transported, and delivered, in accordance with all applicable laws, rules and regulations. We may return to you unused portions of specimens found or suspected to be hazardous, or to contain hazardous materials according to state or federal guidelines upon completion of Services. We will not accept or analyze human specimens and we reserve the right to reject any specimen containing any substance we consider hazardous or which we have a reasonable suspicion to believe to be hazardous. We may invoice you for the reasonable cost of returning any specimens.

COURIER SERVICE
Subject to availability we will pick-up specimens directly from your place of business either once or twice daily in most metropolitan areas through our network of couriers. To find out if you are in an area eligible for courier service or to schedule regular pick-up service, please contact Customer Service at 1-800-872-1001.

TEST EXPRESS™
In areas in which courier service is not available, you can submit specimens, free of charge, through our Test Express service which utilizes FedEx® to provide Priority Overnight shipping Monday through Friday enabling us to provide next-day results to most parts of the United States and Canada.

By utilizing our Test Express service, you can provide your patients with the highest quality laboratory services available, regardless of your clinic’s location.

Call FedEx directly at 1-800-GO-FEDEX (1-800-463-3339) to schedule your pickup. Let FedEx know you have a package to be picked up for “Express Return Pickup,” and give them your FedEx account number and street address. If you speak to an agent, inform them that you are using a billable stamp. Pick-ups are available Monday through Friday at no charge. Saturday pick-ups are available subject to a FedEx Saturday service surcharge. Please contact FedEx for information on “cut off” times for pick-up requests and for the nearest drop box locations in the event you need to ship a late specimen.

FEDEX® BILLABLE STAMPS
The FedEx Priority Overnight Billable Stamp provided to you by Antech is the easiest and most reliable way to ensure prompt delivery of your specimens. The stamp contains all of the necessary billing information to invoice Antech for your shipment. Simply fill in your clinic’s name, the person responsible for shipping inquiries, your Antech account number, your phone number, and the date of shipment on the stamp; peel off the right side of the stamp and affix it to the outside of the clinical pack bag. Retain the tracking number for your records, in the event your shipment requires tracking.

The following are important points to note about the Billable Stamp:

  • The “ship to” address on the billable stamps is not Antech’s physical address. The address listed facilitates FedEx’s ability to deliver our packages earlier than normal Priority Overnight packages. U.S. Mail and other carriers will not deliver to the address on the stamps. Do not use this address for anything other than specimen submission through FedEx. All other correspondence or submissions should be directed to Antech, 2433 Glove Cove, Southaven, MS 38671.
  • Please call your Test Express Account Manager or Test Express Customer Service at 1-888-397-8378 to order more stamps and for specific instructions on how to correctly fill out a FedEx Airbill. Incorrectly completed Airbills may cause FedEx to invoice you for the shipment, and subject you to a FedEx Billing Correction surcharge.

PACKAGING INSTRUCTIONS
It is important that specimens are shipped in accordance with FedEx diagnostic specimen shipping guidelines in order to ensure prompt delivery. Antech is not liable for submissions that do not adhere to the following packaging instructions:

  • Place your specimen tubes and Antech requisition form into a ziploc® bag. Please separate patient specimens into individual bags.
  • Position the bag along with an absorbent material, such as a paper towel, inside your Test Express shipping box. You may include multiple specimens in the same box.
  • Close the box and seal the lid with tape.
  • Fill in your clinic information and the date on the FedEx Billable Stamp.
  • Remove the top copy of the Billable Stamp and fix the label to your package. Retain the tracking number for your records.
  • Call 1-800-GO-FEDEX or 1-800-463-3339 to schedule a pickup. If you have any questions regarding submitting specimens to Antech, please call your Test Express Account Manager or Test Express Customer Service at 1-888-397-8378.

SUPPLIES
Antech is pleased to provide, at no charge, routine supplies necessary for collection and submission of specimens. Provided collection supplies may include culture swabs, blood tubes, urine tubes, formalin jars, etc. We also provide shipping supplies including, for example, specimen boxes, billable stamps, and ziploc bags.

Supplies can be ordered through Antech Online or by calling Customer Service at 1-800-872-1001.

Please allow approximately 3 to 5 business days for delivery of supplies. At your request, supplies may be shipped overnight for an additional charge.

TEST CANCELLATION POLICY
All tests may be canceled prior to receipt at our facilities.

ADD-ON TESTING
All add-on tests must be ordered together with a profile to receive discounted pricing. After the original testing is submitted, additional tests will be charged the regular individual test fee.

BIOHAZARD CHARGES
Antech charges a biohazardous processing fee per shipment (rates may vary by location). It is important to note that the biohazardous processing fee is charged per shipment, not per patient. If there are several patients in any given shipment, only one biohazardous processing fee will be applied.

USE OF SPECIMENS AND DATA
You authorize us to use any specimens, images, and any data or information relating to such specimens and images, including any clinical information, diagnostic results, and any data and information included in any analyses or reports provided as part of the Services, provided that such information has been de-identified and/or anonymized, for scientific research, or our own business purposes, including without limitation internal research and development, and disclosure in public studies.

Please see our Privacy Statement, available at antechdiagnostics.com for more information on the privacy and security practices of Antech.

PAYMENT TERMS
All fees are charged or billed directly to you. Unless expressly provided otherwise our prices do not include any applicable taxes. You agree to pay any federal, state or local, sales, use, personal property, excise, or other taxes arising out of the Services, except for taxes based on Antech’s net income. Payment in advance may be required for clients who have not established credit with us or who have a poor credit or payment history.

For clients with approved credit payment of all fees is due by the 25th day of the month following the date of invoice. All payments shall be in U.S. Dollars. Any amount owed beyond the date such amount became due and payable shall accrue a late charge at a rate of 1.5% per month (18% per year), or the maximum rate provided by law, whichever is less. We may change payment terms at any time or revoke any credit previously extended. If at any time you have not paid all amounts due or are otherwise in default, then in addition to any other rights and remedies available to us under applicable law, we may suspend or discontinue provision of any and all Services without notice. You will be responsible to reimburse us for any and all costs incurred in connection with collecting any amounts owed by you, including, but not limited to, collection agency fees, reasonable attorneys’ fees and court costs.

PRIVACY
The privacy and confidentiality of your information and the information of your customers is important to us. Please see our Privacy Statement, available at antechdiagnostics.com for more information on the privacy and security practices of Antech.

CONFIDENTIALITY
By using our Services you agree that without the prior written consent of a duly authorized representative of Antech, except as required by law or judicial process, you shall not, and you shall cause your representatives not to disclose to any third party any pricing information related to the Services or any other information provided to you on a confidential basis. You agree that any breach of this commitment will result in irreparable and continuing damage to Antech for which there may be no adequate remedy at law, and Antech shall be entitled to seek injunctive relief and/or a decree for specific performance in addition to any other remedy to which it may be entitled.

LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
WE WARRANT THAT WE SHALL PERFORM THE SERVICES IN A PROFESSIONAL MANNER USING QUALIFIED PERSONNEL. EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY WE MAKE NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE RESULTS OR ADVICE PROVIDED OR THE SERVICES OFFERED. TO THE FULLEST EXTENT OF APPLICABLE LAW, ANTECH SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANTECH OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANTECH BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF BUSINESS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OR PROVISION OF OUR SERVICES, OR ANY FAILURE OR DELAY IN DELIVERY OF SUCH SERVICES. OUR ENTIRE LIABILITY TO YOU IN CONNECTION WITH THE PROVISION OF SERVICES, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANTECH HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. WE ACCEPT NO LIABILITY FOR THE PURPOSES FOR WHICH YOU USE OUR SERVICES OR ANY RESULTS, REPORT OR ADVICE WE MAY PROVIDE.

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

FORCE MAJEURE
Antech shall not be liable for any failure to perform caused by or in any manner arising from fires, floods, accidents, riots, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, any shortage of labor, fuel, power, materials or supplies, disease outbreak or epidemic, transportation delays, delays in deliveries by our vendors or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond our reasonable control.

GOVERNING LAW; JURISDICTION

To the maximum extent permitted by law, these Terms and the Services shall be governed by and construed, without reference to any conflict of law principles, in accordance with:

  • the laws of the State of California if you are located in the United States, or
  • the laws of the Province of Alberta if you are located in Canada.

Any legal proceeding arising out or relating to these Terms and/or the Services, and all related disputes between us and you will be subject to the exclusive jurisdiction, and you irrevocably consent to the jurisdiction of the courts, of:

  • any state or federal court located in Los Angeles County, California if you are located in the United States, or
  • any provincial court located in Calgary, Alberta if you are located in Canada.

The prevailing party in any legal action or other proceeding shall be entitled to recover from the other party all costs of the proceedings, including reasonable costs, attorney fees, professional fees and other expenses incurred by such prevailing party in such proceeding. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and/or the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

NOTICES
Any notices with respect to these Terms should be sent:

Antech Diagnostics, Inc.
17620 Mt. Herrmann Street
Fountain Valley, CA 92708
Attn: Customer Service

NO OTHER TERMS
The terms set forth in these Terms and any agreements that reference these Terms constitute the final, complete and exclusive agreement with respect to our Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Any purchase order, order for work, acceptance, or other writing submitted by you that includes any conditions that vary from these Terms are hereby rejected.

MODIFICATIONS TO THESE TERMS
Antech reserves the right to modify these Terms at any time by posting revised Terms on this website, or by sending notice using the contact information you have provided. It is your responsibility to check the Terms periodically for changes. Your continued use of our Services shall be deemed irrevocable acceptance of those revisions when you use our Services after such revisions to the Terms have been posted. If you do not agree to (or cannot comply with) these Terms as amended, you must immediately stop using our Services. Antech reserves the right to change, modify, suspend or discontinue all or any aspects of its Services at any time without prior notice.

FOR RESIDENTS OF THE PROVINCE OF QUEBEC, CANADA
If any amendment entails an increase in your obligations or a reduction in Antech’s obligations, you may refuse the amendment, and terminate your use of the Services, without cost, penalty or cancellation indemnity within 30 days after the amendment comes into force. If you do not exercise the right to terminate your use of the Services within 30 days after the amendment comes into force, you will be deemed to have consented to be bound by the amendment.

GENERAL
This is the entire agreement between the parties relating to the subject matter in these Terms and shall not be modified except in writing signed by both parties or by a new posting by Antech, as described above. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of Antech at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. Antech reserves all rights not expressly granted herein. If you have any questions about the rights and restrictions above, please feel free to contact our Customer Service at the following addresses or numbers:

Phone:

1-800-872-1001

Mail:

Antech Diagnostics, Inc.
17620 Mt. Herrmann Street
Fountain Valley, CA 92708
Attn: Customer Service

 

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