DELIVERY OF SERVICES
Subject to receipt of the fees, MedGenome Labs Limited (“MedGenome”) shall carry out the test(s) as requested in this Test Requisition Form (“Test(s)”) in conformity with the applicable industry standards.
The Report shall be generated within such Turn-Around-Time (“TAT”) as mentioned in this Test Requisition Form(s). However, such TAT may vary depending upon the complexity of Test(s) requested. MedGenome shall under no circumstances be liable for any delay beyond the aforementioned TAT.
It is hereby clarified that the Report(s) generated from the Test(s) do not provide any diagnosis or opinion or recommends any cure in any manner. MedGenome hereby recommends the Patient and/or the guardians of the Patients, as the case may be, to take assistance of the Clinician or a certified physician or doctor, to interpret the Report(s) thus generated. MedGenome hereby disclaims all liability arising in connection with the Report(s).
The fees specified by MedGenome for the Test(s) (“Fees”) are exclusive of taxes. All taxes and levies as required under applicable laws shall be charged in addition to the fees. The mode of payment of fees and the details of the Test(s) for which the payment of fees is made should be notified to MedGenome in advance either through telephone by dialing its Toll Free No.1800 103 7590 or through e-mail by mailing at its e-mail id firstname.lastname@example.org. All fees should be paid in conformity with the ‘Payment Details’ provided in this Test Requisition Form. MedGenome shall not be liable towards the fees if the payment for the fees is not made in the manner provided herein. In order to avoid any confusions pertaining to the payment of fees and the Test(s) requested, the Patients and/or their guardians are hereby advised to confirm the successful remittance of the fees and the details of the Test(s) requested at the earliest either through telephone by dialing the Toll Free Number or through e-mail by mailing at the email provided above.
ROLES & RESPONSIBILITIES
By signing this Test Requisition Form, in addition to the warranties made by the Clinician elsewhere in this Test Requisition Form, the Clinician warrants that the information provided in this Test Requisition Form is true and correct and that the Clinicians have the necessary rights, permissions and authorities to extract the Sample from the Patient and provide the sample for the Test(s) to MedGenome. While MedGenome can help in sample shipment it is not liable for any sample damage that may occur during collection and transport from the collection center/hospital to MedGenome laboratory facility. In case of inadequate samples or failure of QC with respect to sample provided for test, MedGenome may seek for further samples to perform the tests. If further samples are not provided for tests, then MedGenome will deduct the costs incurred for such sample provided and refund the balance amount. The Clinicians and/or the Patient and/or the guardians of the Patients, shall jointly and severally, defend, indemnify and hold MedGenome harmless from and against any claim, liability, demand, compensation, loss, damage, judgment or other obligation or right of action which may arise out of and/or in relation to the Test(s) requested in this Test Requisition Form and/or this Terms & Conditions.
This Terms & Conditions shall become effective from the date of signing of this Test Requisition Form and shall remain valid, effective and binding till delivery of the Report.
It is agreed that if the Test(s) requested in this Test Requisition Form is terminated for any reason whatsoever, MedGenome shall not be required to refund the fees paid in advance by the Patient and/or the guardians of the Patients for the Test(s). However, refund shall be awarded if and only if the sample provided doesn’t pass the QC or if the sample provided is inadequate for performing the test.
LIMITATION OF LIABILITY
In addition to any disclaimer of liability provided by MedGenome elsewhere in this test Requisition Form, MedGenome further disclaims any and all liability arising out of any claim, liability, demand, compensation, loss, damage, judgment or other obligation or right of action which is suffered by the Clinician and/or the Patient and/or the guardians of the Patients or any third party whether directly or indirectly for relying on the Report(s) and/or in relation to the Test(s) availed under this Test Requisition Form(s).
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms and Conditions and this Test Requisition Form shall be governed by and construed in accordance with Indian law and the courts in Bangalore shall have exclusive injunctive jurisdiction. In the event of any dispute, controversy or claim whatsoever arising from these Terms and Conditions and/or this Test Requisition Form, the parties shall undertake to make every effort to reach an amicable settlement within fifteen (15) days upon reference of the dispute by any party through discussions among the concerned representatives of parties, failing which the dispute, controversy or claim shall be settled by Arbitration by a Sole Arbitrator appointed by the ‘President-Arbitration Centre-Karnataka’, Bangalore as per Indian Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of arbitration shall be Bangalore and it shall be conducted in English language. The award passed by the Sole Arbitrator shall be final and binding upon the parties.
All notices, statements or other communication required or permitted to be given or made shall be in writing and in English language. Such notices will deliver by hand or sent by prepaid post with recorded delivery, or facsimile transmission addressed to the intended recipient at the address mentioned in this Test Requisition Form.
All parties effected hereunder are independent entities and neither of the parties are an agent, employee or joint venture of the other and they shall not represent themselves as such to any third parties.