1.

CONTRACT FORMATION

1.1

When You submit Your Order to Us, You are offering to buy the Products specified in Your Order from Us.

1.2

Orders must be placed in accordance with our Ordering Information. [http://www.ovplex.co.uk/ordering-information/]

1.3

We will acknowledge receipt of Your Order by e-mail. This acknowledgement does not mean that We have accepted Your offer to buy from Us.

1.4

We will accept Your Order by placing it into Our Order Processing System. At this point You will have a binding contract with Us.

1.5

We will notify You that Your Order has been accepted by sending You an e-mail as soon as practicable after it has been placed into Our Order Processing System.

2.

THE GOODS

2.1

The Products consist of the following:

2.1.1

   a sealed OvPlex™ Wallet containing phlebotomy instructions and barcodes ("Wallet");

2.1.2

   a list of locations where you may have your blood sample taken.

2.2

The Wallet that you receive will be bar coded by us with your identity and is personal to you. In no circumstances may you pass your Wallet to any other person for them to use to obtain a blood sample and OvPlex™ test as this may lead to misidentification of results.

2.3

You acknowledge that, by submitting Your Order, You have not relied on any description other than the description(s) set out on Our website when taking the decision to order Your Ordered Products.

3.

DELIVERY

3.1

Products will be delivered by Us to You in accordance with our Delivery Information. [http://www.ovplex.co.uk/delivery-information/]

3.2

When sending out the Products to you we will also write to your Nominated Doctor informing them of your purchase of the Products and how to interpret your results when they receive them from us.

4.

PROBLEMS WITH YOUR ORDERED PRODUCTS

4.1

We aim to ensure that Your Ordered Products will be of satisfactory quality and fit for their normal purpose when they are delivered.

4.2

We take customer satisfaction seriously. If You believe there is an issue relating to Your Ordered Products or any item We have delivered, We would like to hear from you. Please contact Us as soon as possible by calling 0844 504 9999 or e-mailing to ovplex@intushealthcare.eu or by post in writing to the Customer Services Department at 2 Walton Business Centre, 46 Terrace Road, Walton-on-Thames KT12 2SD United Kingdom and advising Us of the issues, so that We can investigate promptly.

4.3

If the issue(s) are due to faulty Products or either an error or negligence on our part relating to Your Ordered Products, We would be happy to, at Your choice, replace or refund the affected Products, or part of them.

4.4

In the event of You requiring a replacement or refund please return the Products to us in accordance with our Returns Policy. [http://www.ovplex.co.uk/returns-policy/]

4.5

Except for death and personal injury caused by Our negligent acts or omissions We shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this agreement.

5.

CANCELLATION OF ORDERS AND TERMINATION

5.1

You may cancel all or part of an order within ten working days of You receiving Your Ordered Products without giving Us a reason. This is in addition to other rights You may have in relation to defective or sub-standard Products. If You want further information about Your statutory rights contact Your local authority Trading Standards Department or a Citizens' Advice Bureau.

5.2

If You cancel all or part of an order under clause 5.1, You must return Your Ordered Products to Us in accordance with our Returns Policy. [http://www.ovplex.co.uk/returns-policy/] If You fail to do so, We may recover the Products from You and charge You the costs we incur in doing so. If You cancel an order before We have dispatched all or part of Your Ordered Products, We will endeavour to stop them being delivered to You. However, We may not be able to reasonably prevent delivery of Products which have entered the final stages of the Order Processing System or are in the hands of a delivery company when You cancel. As such You will need to return any cancelled Ordered Products which You receive after You have cancelled Your order at Your cost.

6.

BLOOD TESTS

6.1

After you have had your blood sample taken, we will arrange for it to be analysed to obtain the result. This can take between 10 and 15 days.

6.2

When we have your test result we will send it to your Nominated Doctor and will write to you to notify you that your result has been sent to your Nominated Doctor.

7.

YOUR OBLIGATIONS

7.1

It is your responsibility to arrange an appointment at one of the locations on the list enclosed with the Wallet to have a blood sample taken.

7.2

You must follow all the instructions which accompany the Wallet which are relevant to you. IF YOU DO NOT FOLLOW THE INSTRUCTIONS YOUR TEST RESULTS MAY BE INACCURATE and unless we have been negligent, we cannot be held responsible for the inaccuracy of your results where you have failed to follow the instructions.

8.

EVENTS BEYOND OUR REASONABLE CONTROL

8.1

Our ability to deliver Your Ordered Products may be affected by acts, omissions, events and accidents beyond Our reasonable control. We will not be in breach of this agreement, nor liable for any failure or delay in performance arising from or attributable to such acts, omissions, events or accidents, including but not limited to:

8.1.1

   Acts of God, including but not limited to flood, earthquake, windstorm or other natural disaster;

8.1.2

   epidemic or pandemic;

8.1.3

   war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

8.1.4

   terrorist attack, civil war, civil commotion or riots;

8.1.5

   nuclear, chemical or biological contamination or sonic boom;

8.1.6

   compliance with any law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;

8.1.7

   fire, explosion or accidental damage (other than in each case, one caused by a breach of contract by, or assistance of, the party concerned);

8.1.8

   loss at sea;

8.1.9

   adverse weather conditions;

8.1.10

   interruption or failure of utility service, including but not limited to electric power, gas or water ;

8.1.11

   any labour dispute, including but not limited to strikes, industrial action or lockouts;

8.1.12

   non-performance by suppliers or subcontractors; and

8.1.13

   collapse of building structures, failure of plant machinery, machinery, computers or vehicles.

8.2

If We are prevented from performing our obligations by something beyond Our reasonable control, We will notify You as soon as reasonably practicable. Your obligations will be suspended to the same extent as our obligations. If you wish to cancel your order as a result, please write to Us using the details set out in clause 4.2.

9.

GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by English law and both parties agree to submit to the exclusive jurisdiction of the English courts.

10.

GENERAL

10.1

Nothing in this agreement confers any rights on any person under the Contracts (Rights of Third Parties) Act 1999.

10.2

We may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.

10.3

You may only assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it or purport to do any of those acts with Our prior written consent.

11.

DEFINITIONS

"Order Processing System"

   means Our internal electronic order management, tracking and fulfilment system;

"Ordered Products"

   means those of Our Products You specify in Your Order;

"Products"

   means OvPlex™ Wallet / test;

"We/Us"

   means Intus Healthcare Limited and "Our" shall be construed accordingly;

"You"

   means the person or legal entity making an offer to purchase certain of Our Products and "Your" shall be construed accordingly;

"Your Order"

   means the offer to purchase Products placed by or on behalf of You;

"Nominated Doctor"

   means the doctor whose details you provide as part of Your Order.