Avian Customers

Definitions

a. “Animal Genetics Inc.” whose principal place of business is at 3382 Capital Circle NE Tallahassee, FL 32308 USA

b. “AG” AKA Animal Genetics Inc.

d. “The Client” customer or individual who has requested a service from AG

e. “Service” Requested or unrequested procedure(s) performed by or under the direction of Animal Genetics

f. “Personal Information” is any information that can be used to identify you.

g. “TOS” Terms of Service

Modification of These Terms of Service

Animal Genetics Inc. (AG) reserves the right to change without notice the terms, conditions, and notices under which the AG Web Site and AG services are offered, including but not limited to the changes associated with the use of the AG services

Communications With AG

AG receives hundreds of emails, texts, and written correspondence from around the world every day and our representatives attempt to respond to all correspondence in a timely fashion. AG also makes every effort to answer phone calls during business hours. In the event that all representatives are assisting other clients or are unable to answer the call a voicemail may be left for the appropriate individual or office. In no event shall AG be held liable for any instances of miscommunication or misunderstanding of communication including emails, texts, written and verbal correspondence. AG will not be held liable if its representatives fail to respond to any of The Clients communication of any kind.

Test Results

AG will make every effort to provide test result in the times specified. The turnaround times stated by AG begin from the receipt of the samples at the laboratory and not from the date shipped. Processing times exclude all holidays and weekends. AG is also not responsible for any unforeseen act of nature that may affect sample processing.

Test results will be available online for The Client unless otherwise requested; a hard copy of the results is available by mail. Emailed PDF results are also available at the Client’s request. AG reserves the right to charge an additional fee for additional copies of test results, invoices, statements if it deems necessary.

Sample Kits

AG will send all sample collection kits to The Client via USPS first class mail, unless otherwise requested. Additional fees may be applied if the customer requests overnight shipping. AG cannot be held responsible for any delays or lost packages caused by the postal system. It is The Clients responsibility to notify AG in the event that the sample collection kit(s) is not received within the reasonable time expected from the postal system. AG reserves the right to refuse all kit requests submitted by The Client.

No Results

If due to insufficient sample, degraded sample, missing sample or contaminated sample provided by The Client and AG fails to generate a result, a new sample provided by The Client may be requested by AG. Clients may choose to resubmit a fresh sample in an attempt to generate a result at no additional fee. AG is unable to refund clients who receive an inconclusive result due to poor sample quality. AG may pose a limit to the number of times a client can resubmit without additional charges. AG shall NOT be liable for any failure or delay in its testing Services through causes beyond its control, including but not limited to an act of God, flood, drought, storm, war, industrial action, strike, lockout, breakdown of systems or network access, fire, explosion, terrorism, sabotage or other event beyond its control.

Cookies

A cookie is a small piece of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing. They can also be used to remember arbitrary pieces of information that the user previously entered into form fields such as names, addresses, passwords. In some cases AG may decide to use cookies in order to improve the clients experience with AG services. Reasonable effort will be used to let the client if a cookie is used and the client has the option to refuse.

Personal Data

Under the applicable data protection law(s), AG will only obtain, use, process and disclose personal information about The Client to proceed with its responsibilities in providing the Service contracted for, and for other related purposes including updating Client records, analysis for statutory returns, crime prevention and legal and regulatory. The Client has a right to a copy of personal data held about them by AG and such data can be obtained by them on payment of an administrative fee. AG does not sell any personal information with any third parties or otherwise, including but not limited to names, addresses, email addresses and phone numbers. All test results are confidential and will not be shared with other customers, with the exception of cases in which fraud is suspected.

Fraud

If AG suspects a client has committed a fraudulent act which may affect AG including but not limited to the falsifying or misrepresenting personal data, sample submission information, test results or any other information AG reserves the right to release at its discretion any information it deems necessary in order to determine the accuracy of its suspensions. AG reserves the right to refuse its Services if it has reasonable grounds for believing that the biological samples were or will be obtained illegally, or results will be used for an illegal, improper or unethical reason, or the quality of AG Services might otherwise be compromised, or it has other reasonable grounds for refusal.

Refund Policy

Orders can be refunded at any time if Animal Genetics has not yet received the sample for that order. Please contact us if you would like to request a refund for a sample that has not been received. After a sample is received, refunds will not be issued, as samples are processed as soon as they arrive. Samples that do not contain sufficient DNA to obtain a result that are listed as “no result” can be submitted again at no charge. If this is not possible, a credit can be applied to your account at the discretion of Animal Genetics.

Customer Responsibilities

The Client is responsible for ensuring the sample(s) submitted to AG by The Client or a representative of The Client where collected lawfully. By ordering Services, The Client assures that through the best of their knowledge the sample was collected and submitted according to AG requirements and standards. The Client accepts all responsibilities and liabilities for submission of an inadequate or misrepresented sample and in no event shall AG be held liable or responsible for The Clients submission of the wrong type of sample, insufficient sample, contaminated sample, mislabeled sample, and or degradation of sample of any kind. All Orders for Services placed through AG site, or through a partner site are deemed to be an offer by The Client to purchase the Services pursuant to the terms and conditions. In no vent shall AG be deemed to have accepted any offer until The Client has paid for the Service ordered. Acceptance of the Service shall be confirmed once The Client has paid for the Service. The payment shall be deemed as conclusive evidence of The Client’s acceptance of these terms and conditions. It is The Clients sole responsibility to ensure that all payments for requested Services by The Client or its representatives be made in full prior to the commencement of requested Services. In no event shall AG be expected or required to perform any service for The Client or its representatives prior to payment. The Client should only enter into contract with the Company if they are willing to be bound by these terms and conditions. The Client may cancel the Order for Services prior to the sample(s) being received for analysis without cost. After the sample (s) received by AG, refunds for requested services are no longer possible. Payments for Services can be made by cash, credit card, Check, money order, PayPal, or direct bank transfer. Other than credit card payments the Client is responsible for any charges incurred in the payment transaction. All funds must be in the currency of the country to which the sample is being submitted. Samples sent to the office in the United States must be in U.S. Dollars; samples submitted to the United Kingdom office must be in British Pounds. Payment received by AG must be the full price quoted in the Price List and net of any charges, before AG will process the Service.

Limitation on Liability

The Client understands that although the methods of testing used by AG are highly accurate, and AG makes every effort to prevent unintended mistakes, as with any testing there is a possibility of an error. The Client therefore acknowledges and accepts that in the event that The Client is able to establish a claim for damages resulting from any act of AG, whether negligent or otherwise, AG liability shall not exceed the cost paid for the test and agrees to keep the Company and its agents, officers and employees harmless from all further claims or damages. The Client’s rights hereunder shall be subject to The Client notifying AG of any error or omission within ninety days of the test report being sent to the Nominated Person via email or postal mail. In no event will AG be liable to the Client or any third party for any lost profit or any indirect, consequential, incidental, special, or punitive damages arising from or relating to AG services and its direct or indirect use of.

Disputed Results

If no resolution is possible after investigation by Animal Genetics Inc. with the cooperation of the customer, the extent of the customer's sole remedy is a partial refund of the fee paid, less any costs associated with the investigation. IN NO EVENT SHALL ANIMAL GENETICS INC. BE LIABLE FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND. Any claim must be asserted within 90 days of the report of the test results.

Storage of Data and Sample Material

Written documents submitted by The Client are stored by AG for 5 years. Under certain conditions the original documents may be provided to The Client on written request, subject to AG’s right to make copies of any and all requested documents. Sample(s) submitted to AG by The Client will be stored by for a period of 3 years from the date the sample was received. AG reserves the right to continue to store any submitted sample(s) after this period indefinitely. AG does not guarantee the viability of any sample while in storage. AG does not warrant or is responsible for loss of documents or samples after receipt due to any reason of any kind. Samples submitted to AG become the property of AG, and AG retains the right to use stored samples in any manner or run any form of testing on it. AG is not required to release any additional information from the samples to the Client.

Contact Information

3382 Capital Circle NE Tallahassee, FL 32308 USA