General:
1.1 Analysis costs exclude transport to and from CVL.
1.2 For every urgent or emergency analysis, where results are required within a shorter period than usual (where possible), there will be a surcharge. Please enquire with the laboratory about this surcharge.
1.3 A sample preparation fee will be levied per batch of samples received. Please enquire with the laboratory about this fee.
1.4 Samples will be analysed as received and any special sample preparation (e.g. special filtration, decanting of supernatant, microbiological purification etc.) will be charged additionally.
1.5 An additional cost will be charged if sample pretreatment is required depending on the sample matrix.
1.6 Where more than two dilutions are required, these will be considered as a separate sample and charged at the normal rate 75% of tariff per dilution.
1.7 In some instances, where sample matrix interferences result in a failure to obtain results, even though analysis was performed, the laboratory reserves the right to charge for the analysis.
1.8 Samples for microbiological analysis must be correctly taken in appropriate sterile container(s).
1.9 As CVL is closed over weekends, please ensure that samples for chemical analysis are submitted before 13h00 on a Friday. Analytical work on samples submitted on a Friday after 13h00 shall commence on the following Monday. Should emergency samples need to be analysed over weekends, there will be an extra charge for overtime work. Please direct queries in this regard to CVL.
1.10 Sampling containers can be supplied free of charge by prior arrangement. Containers returned broken or not returned will be charged.
1.11 Results will be e-mailed upon completion. No results will be given telephonically.
1.12 Reporting format will be given by the Technical Manager should the client not fully understand the content of the report.
1.13 All clients are encouraged to enquire regarding the method of choice performed by CVL for the special analysis. Clients, given arrangements have been made with management prior to visitation, are welcome to witness the analysis of their samples submitted and other laboratory activities.
1.14 Unless stipulated otherwise by the client, in the event that CVL cannot accommodate the required tests due to unforeseen reasons, CVL will submit the sample for subcontracting to one of its approved subcontractors. Informed consent from the client will however be made obtained to such a submission. CVL will not accept responsibility of results from subcontractors which have been appointed by the client.
1.15 Samples will not be stored long term, unless required by the client. All microbiology samples will be kept for a minimum period of 3 days in the refrigerator (0-10°C) prior to disposal. Chemistry samples will be preserved by the analysts as stated on the sample preservation: chemistry F04-P04 form. Samples will be retained for a minimum period of 14 days. Veterinary samples - At the discretion of the TM/QM, permission for the immediate disposal of samples after testing and the completion of results reporting can be given based upon the availability of space as well as the risk assessment based upon the health hazard posed with the specific sample. Should the client request an extended period of sample retention time, this information will be documented on the sample request form.
Unregistered samples - Samples left at the reception without the accompanying sample analysis request form F01-P01 or accompanying instructions regarding analytical work shall be stored in a refrigerator and if customer does not give instructions regarding analytical work within two weeks after submission, the QM may discard the samples.
1.16 Complaints regarding sample analysis which includes results reporting, suspicious test results, etc should be made directly to the Technical Manager or Quality manager, preferably in writing. A formal complaint will be registered upon reception thereof, in which an investigation will be launched in order to determine the root cause of the complaint. A description of the handling process for complaints shall be available to any interested party on request.
1.17 The laboratory shall be responsible, through legally enforceable commitments, for the management of all information obtained or created during the performance of laboratory activities. The laboratory shall inform the customer in advance, of the information it intends to place in the public domain. Except for information that the customer makes publicly available, or when agreed between the laboratory and the customer (e.g. for the purpose of responding to complaints), all other information is considered proprietary information and shall be regarded as confidential.
1.18 When the laboratory is required by law or authorised by contractual arrangements to release confidential information, the customer or individual concerned shall, unless prohibited by law, be notified of the information provided.
1.19 Information about the customer obtained from sources other than the customer (e.g. complainant, regulators) shall be confidential between the customer and laboratory. The provider (source) of this information shall be confidential to the laboratory and shall not be shared with the customer, unless agreed by the source.
1.20 Personal information: We collect and process your personal information mainly for the purpose of reporting results, sharing general laboratory information and for invoicing. For this purpose we will collect contact details, including your email address, your name and/or company details and the address details.
We will use your personal information only for the purpose for which it was collected.
Usage of personal information includes:
To confirm, verify and update client details
To conduct customer satisfaction research
For SANAS audits and record keeping purposes (Samples submitted to the laboratory may also be used for SANAS auditing purposes) In connection with legal proceedings Providing communication in respect of regulatory matters that might affect our clients Disclosure of information – Please refer to 1.17, 1.18 and 1.19.
Safeguarding of your information:
We are legally obliged to provide adequate protection for the personal information we hold and to prevent any unauthorised access and/or use of personal information. Policies and access control are in place to ensure this. Non-disclosure agreements are signed by any 3rd parties required to access information.
2. Payments:
2.1 CVL may elect to only commence the rendering of services and/or delivery of results, once the client has paid in full. Payment of the full amount outstanding by the client to CVL, is to be made at Polokwane, within 30 (THIRTY) days from date of invoice;
2.2 It is hereby specifically recorded that CVL is not a credit provider in terms of the National Credit Act 34 of 2005, (“the NCA”) and the Client therefore undertakes to pay all accounts within 30 (THIRTY) days from date of invoice;
2.3 Should any amount not be paid by the Client on due date, then the Client agrees that, in terms of the provisions of the NCA, the Client shall be liable to pay interest at the prime overdraft rate as charged by Standard Bank plus 2 % (two percent) per annum thereon on all overdue amounts and the Client shall also be liable for all costs and charges (legal or otherwise) incurred to secure payment from same;
2.4 The Client shall not be entitled to claim set off or deduction in respect of any payment due by CVL to the Client;
2.5 CVL may appropriate all payments made by the Client to such accounts as CVL in its sole and absolute discretion decides.
3. Withdrawal of right to conduct analyses and deliver results on account:
CVL reserves the right to withdraw any right to conduct analysis and deliver test results on account granted by CVL to the Client, at any time and without prior notice to the Client and the nature and extent of such facilities shall at all times be in CVL’s discretion. At all times however, CVL will not grant any credit facilities to any Client.
4. Orders:
4.1 All orders, including oral orders, shall be deemed to be orders to render a service and/or conduct analysis, and the Client shall provide CVL with an order number when placing any such order with CVL ;
4.2 Orders shall be subject to confirmation and acceptance by CVL and such acceptance shall be confirmed by the delivery of results and / or the rendering of service or confirmation in writing by CVL ;
4.3 Orders accepted by CVL, whether or not the order was verbal, or in writing, or whether or not accompanied by an order number, are irrevocable and shall not be varied or cancelled by the Client, except with the written consent of CVL ;
4.4 The Client accepts responsibility for payment for services rendered and results delivered whether or not the Customer has furnished CVL with an order number or not;
5. Delivery: 5.1 CVL shall have the right to suspend delivery of results and services if any amount due by the Client is unpaid; 5.2 Whilst every effort will be made to dispatch results and render services as advised, CVL does not guarantee dispatch on any specific date and shall not be liable for any damages for failure to effect delivery / dispatch timeously for any reason beyond CVL’s control, including but not limited to, inability to secure labour, power, materials, equipment or supplies or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout or other labour disputes, fire, flood, drought of legislation. The Client shall not be entitled to cancel any order by reason of such delay and time of delivery shall not be a material term of this agreement.
5.3 All clients are encouraged to familiarise them self with our various turnaround times. Should the maximum allowable turnaround times allowed, have lapsed, and no reports have been received it is the clients responsibility to follow up with the laboratory.
5.4 The laboratory will use the following decision rule when reporting a statement of conformity, this will only be reported if the client request it. Binary simple acceptance decision rule
6. Legal Proceedings: 6.1 Regardless of the place of execution or performance under this contract of domicile of the Client, this agreement and all modifications and amendments hereof, shall be governed by and decided upon in accordance with the laws of the Republic of South Africa; CVL shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought by it exceeds the jurisdiction of the Magistrate's Count, be entitled to institute action out of such count;
In the event of the Client breaching any of its obligations and / or failing to timeously make payment of any amount to CVL , the Client agrees to pay, and shall be liable to pay, all legal costs incurred by CVL on an attorney / own client scale including collection charges and tracing agent's fees;
A certificate under the hand of any member or Manager of CVL (whose authority needs not be proved), in respect of any indebtedness of the Client to CVL or in respect of any other fact, including but without limiting the generality of the aforegoing, the fact that such analysis were done and the results were delivered and / or services rendered, shall be prima facie proof of the Client’s indebtedness to CVL and prima facie proof of such other fact and prima facie proof of the goods sold and delivered and prima facie proof of the rendering of such services.
7. Warranties and Indemnities:
7.1 CVL disclaims all liability to the Client in connection with CVL’s performance and of the Client’s use of the results provided and the services rendered and in no event will CVL be liable by the Client for any damages whatsoever;
7.2 Any liability of CVL for breach of contract shall not exceed the aggregate of damages, costs, fees and expenses capable for being awarded to the Client, the total price due to be paid or already paid by the Client for the services rendered or results supplied;
7.3 The Client shall have no claim for any injury, loss or damage of any kind, suffered by the Client and / or any other person by reason of CVL failing to carry out its obligation in terms of this agreement and / or by reason of any defect in results supplied or services rendered by CVL to the Customer;
7.4 The Client indemnifies and holds CVL (including its employees, subcontractors, or subsidiaries) harmless against all whatsoever nature that may be brought or threatened against CVL or its employees by any third party arising from or in connection with any defect in any goods supplied or services rendered by CVL . DISCLAIMER: By making use of our services the client agrees that there is no conflict of interest with Capricorn Veterinary Laboratory.
General:
1.1 Analysis costs exclude transport to and from CVL.
1.2 For every urgent or emergency analysis, where results are required within a shorter period than
usual (where possible), there will be a surcharge. Please enquire with the laboratory about this
surcharge.
1.3 A sample preparation fee will be levied per batch of samples received. Please
enquire with the laboratory about this fee. 1.4 Samples will be analysed as received and any
special sample preparation (e.g. special filtration, decanting of supernatant, microbiological
purification etc.) will be charged additionally. 1.5 An additional cost will be charged if sample pretreatment
is required depending on the sample matrix. 1.6 Where more than two dilutions are
required, these will be considered as a separate sample and charged at the normal rate 75% of
tariff per dilution. 1.7 In some instances, where sample matrix interferences result in a failure to
obtain results, even though analysis was performed, the laboratory reserves the right to charge for
the analysis. 1.8 Samples for microbiological analysis must be correctly taken in appropriate sterile
container(s). 1.9 As CVL is closed over weekends, please ensure that samples for chemical
analysis are submitted before 13h00 on a Friday. Analytical work on samples submitted on a Friday
after 13h00 shall commence on the following Monday. Should emergency samples need to be
analysed over weekends, there will be an extra charge for overtime work. Please direct queries in
this regard to CVL. 1.10 Sampling containers can be supplied free of charge by prior arrangement.
Containers returned broken or not returned will be charged.
1.11 Results will be e-mailed upon completion. No results will be given telephonically.
1.12 Reporting format will be given by the Technical Manager should the client not fully understand
the content of the report.
1.13 All clients are encouraged to enquire regarding the method of choice performed by CVL for
the special analysis. Clients, given arrangements have been made with management prior to
visitation, are welcome to witness the analysis of their samples submitted and other laboratory
activities. 1.14 Unless stipulated otherwise by the client, in the event that CVL cannot
accommodate the required tests due to unforeseen reasons, CVL will submit the sample for
subcontracting to one of its approved subcontractors. Informed consent from the client will however
be made obtained to such a submission. CVL will not accept responsibility of results from
subcontractors which have been appointed by the client.
1.15 Samples will not be stored long term, unless required by the client.
All microbiology samples will be kept for a minimum period of 3 days in the refrigerator (0-10°C)
prior to disposal.
Chemistry samples will be preserved by the analysts as stated on the sample preservation:
chemistry F04-P04 form. Samples will be retained for a minimum period of 14 days.
Veterinary samples - At the discretion of the TM/QM, permission for the immediate disposal of
samples after testing and the completion of results reporting can be given based upon the
availability of space as well as the risk assessment based upon the health hazard posed with the
specific sample. Should the client request an extended period of sample retention time, this
information will be documented on the sample request form.
Unregistered samples - Samples left at the reception without the accompanying sample analysis
request form F01-P01 or accompanying instructions regarding analytical work shall be stored in a
refrigerator and if customer does not give instructions regarding analytical work within two weeks
after submission, the QM may discard the samples.
1.16 Complaints regarding sample analysis which includes results reporting, suspicious test results,
etc should be made directly to the Technical Manager or Quality manager, preferably in writing. A
formal complaint will be registered upon reception thereof, in which an investigation will be
launched in order to determine the root cause of the complaint. A description of the handling
process for complaints shall be available to any interested party on request.
1.17 The laboratory shall be responsible, through legally enforceable commitments, for the
management of all information obtained or created during the performance of laboratory activities.
The laboratory shall inform the customer in advance, of the information it intends to place in the
public domain. Except for information that the customer makes publicly available, or when agreed
between the laboratory and the customer (e.g. for the purpose of responding to complaints), all
other information is considered proprietary information and shall be regarded as confidential.
1.18 When the laboratory is required by law or authorised by contractual arrangements to release
confidential information, the customer or individual concerned shall, unless prohibited by law, be
notified of the information provided.
1.19 Information about the customer obtained from sources other than the customer (e.g.
complainant, regulators) shall be confidential between the customer and laboratory. The provider
(source) of this information shall be confidential to the laboratory and shall not be shared with the
customer, unless agreed by the source.
1.20 Personal information: We collect and process your personal information mainly for the
purpose of reporting results, sharing general laboratory information and for invoicing. For this
purpose we will collect contact details, including your email address, your name and/or company
details and the address details.
We will use your personal information only for the purpose for which it was collected.
Usage of personal information includes:
To confirm, verify and update client details
To conduct customer satisfaction research
For SANAS audits and record keeping purposes (Samples submitted to the laboratory may also be
used for SANAS auditing purposes)
In connection with legal proceedings
Providing communication in respect of regulatory matters that might affect our clients
Disclosure of information – Please refer to 1.17, 1.18 and 1.19.
Safeguarding of your information:
We are legally obliged to provide adequate protection for the personal information we hold and to
prevent any unauthorised access and/or use of personal information. Policies and access control
are in place to ensure this. Non-disclosure agreements are signed by any 3rd parties required to
access information.
2. Payments: 2.1 CVL may elect to only commence the rendering of services and/or delivery of
results, once the client has paid in full. Payment of the full amount outstanding by the client to
CVL, is to be made at Polokwane, within 30 (THIRTY) days from date of invoice;
2.2 It is hereby specifically recorded that CVL is not a credit provider in terms of the National
Credit Act 34 of 2005, (“the NCA”) and the Client therefore undertakes to pay all accounts
within 30 (THIRTY) days from date of invoice;
2.3 Should any amount not be paid by the Client on due date, then the Client agrees that, in
terms of the provisions of the NCA, the Client shall be liable to pay interest at the prime
overdraft rate as charged by Standard Bank plus 2 % (two percent) per annum thereon on all
overdue amounts and the Client shall also be liable for all costs and charges (legal or
otherwise) incurred to secure payment from same;
2.4 The Client shall not be entitled to claim set off or deduction in respect of any payment due
by CVL to the Client;
2.5 CVL may appropriate all payments made by the Client to such accounts as CVL in its sole
and absolute discretion decides.
3. Withdrawal of right to conduct analyses and deliver results on account:
CVL reserves the right to withdraw any right to conduct analysis and deliver test results on
account granted by CVL to the Client, at any time and without prior notice to the Client and the
nature and extent of such facilities shall at all times be in CVL’s discretion. At all times
however, CVL will not grant any credit facilities to any Client.
4. Orders: 4.1 All orders, including oral orders, shall be deemed to be orders to render a
service and/or conduct analysis, and the Client shall provide CVL with an order number when
placing any such order with CVL ;
4.2 Orders shall be subject to confirmation and acceptance by CVL and such acceptance shall
be confirmed by the delivery of results and / or the rendering of service or confirmation in
writing by CVL ;
4.3 Orders accepted by CVL, whether or not the order was verbal, or in writing, or whether or
not accompanied by an order number, are irrevocable and shall not be varied or cancelled by
the Client, except with the written consent of CVL ;
4.4 The Client accepts responsibility for payment for services rendered and results delivered
whether or not the Customer has furnished CVL with an order number or not;
5. Delivery: 5.1 CVL shall have the right to suspend delivery of results and services if any
amount due by the Client is unpaid; 5.2 Whilst every effort will be made to dispatch results and
render services as advised, CVL does not guarantee dispatch on any specific date and shall
not be liable for any damages for failure to effect delivery / dispatch timeously for any reason
beyond CVL’s control, including but not limited to, inability to secure labour, power, materials,
equipment or supplies or by reason of an act of God, war, civil disturbance, riot, state of
emergency, strike, lockout or other labour disputes, fire, flood, drought of legislation. The Client
shall not be entitled to cancel any order by reason of such delay and time of delivery shall not
be a material term of this agreement. 5.3 All clients are encouraged to familiarise them self
with our various turnaround times. Should the maximum allowable turnaround times allowed,
have lapsed, and no reports have been received it is the clients responsibility to follow up with
the laboratory.
5.4 The laboratory will use the following decision rule when reporting a statement of
conformity, this will only be reported if the client request it.
Binary simple acceptance decision rule
6. Legal Proceedings: 6.1 Regardless of the place of execution or performance under this
contract of domicile of the Client, this agreement and all modifications and amendments
hereof, shall be governed by and decided upon in accordance with the laws of the Republic of
South Africa;
CVL shall, at its option and notwithstanding that the amount of its claim or the nature of the
relief sought by it exceeds the jurisdiction of the Magistrate's Count, be entitled to institute
action out of such count;
In the event of the Client breaching any of its obligations and / or failing to timeously make
payment of any amount to CVL , the Client agrees to pay, and shall be liable to pay, all legal
costs incurred by CVL on an attorney / own client scale including collection charges and
tracing agent's fees;
A certificate under the hand of any member or Manager of CVL (whose authority needs not be
proved), in respect of any indebtedness of the Client to CVL or in respect of any other fact,
including but without limiting the generality of the aforegoing, the fact that such analysis were
done and the results were delivered and / or services rendered, shall be prima facie proof of
the Client’s indebtedness to CVL and prima facie proof of such other fact and prima facie proof
of the goods sold and delivered and prima facie proof of the rendering of such services.
7. Warranties and Indemnities: 7.1 CVL disclaims all liability to the Client in connection with
CVL’s performance and of the Client’s use of the results provided and the services rendered
and in no event will CVL be liable by the Client for any damages whatsoever;
7.2 Any liability of CVL for breach of contract shall not exceed the aggregate of damages,
costs, fees and expenses capable for being awarded to the Client, the total price due to be
paid or already paid by the Client for the services rendered or results supplied;
7.3 The Client shall have no claim for any injury, loss or damage of any kind, suffered by the
Client and / or any other person by reason of CVL failing to carry out its obligation in terms of
this agreement and / or by reason of any defect in results supplied or services rendered by
CVL to the Customer; 7.4 The Client indemnifies and holds CVL (including its employees,
subcontractors, or subsidiaries) harmless against all whatsoever nature that may be brought or
threatened against CVL or its employees by any third party arising from or in connection with
any defect in any goods supplied or services rendered by CVL . DISCLAIMER: By making use
of our services the client agrees that there is no conflict of interest with Capricorn Veterinary
Laboratory.
