DNA TESTING PURCHASE SERVICE
AGREEMENT
1. Definitions
"4TRUTH" means “4TRUTH IDENTITY, INC”
"Contract" means any commercial transaction between 4TRUTH and the Client for Services incorporating these
conditions.
"Services" means the provision of a DNA analysis from biological samples that the Client provides to
4TRUTH.
"Client" means the person(s), firm or company who purchases Services from, or provides samples to,
4TRUTH.
2. Provision of Services
2.1 The DNA analysis provided by 4TRUTH is prepared solely for the use of the Client. 4TRUTH makes no
representation, express or implied, that the result of the DNA analysis is useful for any purpose other than
the Services purchased by the Client.
2.2 The biological samples supplied to 4TRUTH by the Client are not returnable and will be used and/or
discarded at the sole discretion of 4TRUTH.
2.3 4TRUTH reserves the right to use any third party of its choice to undertake the laboratory services for
the DNA analysis.
2.4 4TRUTH reserves the right to perform testing and analysis using methods and processes that 4TRUTH deems
appropriate.
2.5 4TRUTH provides DNA test results to the Client(s), including DNA test participants and/or the purchaser
of Services from 4TRUTH. A physical copy of DNA test results will be released to the Client upon written
request via the Report Authorization Release Form. Clients may also access electronic results online by
email.
3. The Client's Warranties and Indemnity
3.1 The Client warrants that he/she is legally entitled to perform any particular act either directly or
indirectly in order to obtain the biological samples and supply them to 4TRUTH for analysis.
3.2 The Client warrants that he/she is legally entitled to possession of the biological samples provided to
4TRUTH for DNA analysis.
3.3 The Client will indemnify 4TRUTH and keep 4TRUTH fully indemnified against all costs, claims, demands,
expenses and liabilities of whatsoever nature arising from a breach of the warranties in 3.1 or 3.2.
4. Disclaimers and Liabilities
4.1 4TRUTH DOES NOT WARRANT TO CLIENT: (A) THAT THE SERVICES PROVIDED BY 4TRUTH WILL MEET THE EXPECTATIONS
OF THE CLIENT; OR (B) THAT 4TRUTH'S SERVICES WILL BE FREE FROM DEFECTS OR FREE FROM ERRORS.
4.2 SPECIFICALLY, 4TRUTH DOES NOT GUARANTEE THAT THE SAMPLES PROVIDED BY THE CLIENT WILL YIELD DNA SUITABLE
FOR ANALYSIS OR THAT ANY ANALYSIS WILL PROVIDE A CONCLUSIVE RESULT.
4.3 FURTHER, IN NO EVENT SHALL EITHER 4TRUTH OR THE CLIENT BE LIABLE TO THE OTHER FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.
5. Third Parties
A person who is not the Client of 4TRUTH has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions, but this does not affect any
right or remedy for a third party which exists or is available apart from that Act.
6. Governing Law
The construction, validity, and performance of these Terms and Conditions shall be governed in all respects by
Georgia, USA Law and be subject to the exclusive jurisdiction of the courts located in Dekalb County, Decatur,
Georgia in the United States of America.
7. Refund Policy
The sample collection fees are non-refundable after specimen collection services are completed. Testing Fee
refunds may be considered at the discretion of 4TRUTH under the following conditions.
7.1 100% Refund (*):
a. written or verbal request within 60 days of order date,
b. specimen collection services were not provided (legal cases), and
c. testing has not been initiated.
7.2 50% Refund:
a. written or verbal request after 60 days of order date, or
b. specimen collection services were provided (legal cases), and
c. testing has not been initiated.
7.3 No Refund:
a. testing has been initiated or completed (even if one or more samples yield little or no useable DNA
or if analysis of DNA data provides an inconclusive result)
b. inactivity of order (on-hold status) for 60 days after order date.
Note: (*) A $25 charge will be deducted from the total refund amount for orders purchased online that
qualify for a 100% refund.
|