Terms & Conditions

The interpretation of these Terms and Conditions will not be affected by the headings.

  1. Definitions

    1. (a)  “the Company” means Oxford Ancestors Limited.

    2. (b)  “the Customer” means the party for whom the Company performs an analysis.

    3. (c)  “Report” means the report on an analysis, supplied by the Company under a

      Contract.

    4. (d)  “Contract” means a contract constituted by the Customer’s order for a service to be

      performed, and the Company’s acceptance of it. No Contract comes into existence until we have accepted your order.

  2. Acceptance of Conditions

    Every Contract is governed by these Terms and Conditions unless a variation is agreed in writing by the parties. No Contract is subject to other terms and the Company will not be deemed to accept other terms or any variation of these Terms and Conditions, by failing to object to terms contained in any communication from the Customer. By ordering an analysis, the Customer accepts these Terms and Conditions and acknowledges that it has not relied on any information supplied, data published or representation made by or on behalf of the Company.

  3. Services

    1. (a)  The Company will be entitled to refuse to perform any service for the Customer without stating a reason. In such event the Company will refund any payment made with the order.

    2. (b)  The prices of the Company’s services will be as stated in the most recent price lists issued by the Company prior to the date of the Contract.

    3. (c)  Any agreed discount will only apply if the Customer fulfils the terms on which the discount is offered.

    4. (d)  The Company will be entitled to recover from the Customer any extra costs arising from meeting the Customer’s additional requirements, from delay on the Customer’s part and from any breach of the Customer’s contractual obligations.

    5. (e)  The analysis will be honoured from the Company within 3 months from the date of purchase.

  4. Payment for the Company’s services must accompany the Customer’s order. The Company reserves the right not to perform an analysis and/or the right to withhold its Report until payment is made.

    1. Delivery

      1. (a)  In respect of Contracts which require biological material supplied by the Customer, because of the nature of the analyses, the Customer acknowledges that performance of such Contracts by the Company may take longer than 30 days.

      2. (b)  The Company will take all reasonable steps to meet advertised or contractual delivery times but anticipated dates for supplying Reports are approximate only and the Company accepts no liability for any loss of profits or other consequential loss caused by delay in reporting, or failure to report, as a result of any cause whatever. Delay in reporting will not entitle the Customer to terminate the Contract in whole or in part or to reject supply of the Report unless (i) the Customer has served written notice on the Company that the delay in unreasonable and exceptional and (ii) the Customer has not received the Report within twenty-one days thereafter.

  5. Samples

    1. (a)  In submitting a sample the Customer will comply with the Company’s instructions regarding mode of collection, identification, and date and time of submission.

    2. (b)  Each sample will become the property of the Company as soon as delivered to the

      Company’s premises. By submitting a sample for analysis, the Customer warrants that it has the right to take and submit the sample and that it does so either as owner of all samples involved or with full authority of the owner of all such samples.

    3. (c)  After the Company has supplied its Report, the Company will dispose of the sample.

  6. Liability

(a) The Company will not be liable for loss of or damage to a sample arising in transit, against which the Customer should arrange its own insurance cover. In case of loss or damage, a fresh sample will be submitted to the Company at the Customer’s expense.

  1. (b)  The Company will use all reasonable endeavours to protect samples submitted to it but in the event of loss of or damage to a sample while in the Company’s possession, or the failure by the Company to produce a Report from a sample, the Company will, at no further cost to the Customer, test and report on a replacement sample provided by the Customer but otherwise will have no liability arising out of such loss, damage or failure. The Customer shall not have the right to cancel a Contract because of the request by the Company for a replacement sample.

  2. (c)  The Company will not be liable for loss or damage of any kind whatever, whether direct or consequential, arising directly or indirectly from (i) failure to submit a sample in accordance with the Company’s instructions or (ii) incorrect or incomplete information being submitted with a sample.

  3. (d)  Opinions given by the Company in response to particular questions put to the Company will be given in good faith but the Company will have no liability for any use made of, or reliance on, such opinions except to the extent that the Company does not exercise reasonable care in giving the opinion.

  4. (e)  Upon becoming aware of a deficiency or possible deficiency in a Report, the Customer will forthwith notify the Company in writing. The Customer acknowledges that failure to do so without delay may prejudice any rights to which the Customer may be entitled under the Contract.

  1. Limit of Liability

    1. (a)  The Customer acknowledges that any particular test cannot be treated as free of error in every case. In this respect, the Company shall use all reasonable endeavours in compiling a Report, but the Company does not warrant that a Report will be accurate or complete, and consequently the Customer should place no reliance on its accuracy or completeness. In this respect the Company does not accept liability for any consequential loss including loss of profits for errors or omissions in a Report whether or not arising from its negligence.

    2. (b)  In respect of direct loss, the Company’s total liability for any one claim or for the total of all claims arising from any one act or default, whether arising from the Company’s negligence or otherwise, shall not exceed the price of the Contract.

  2. Data Protection

    The Company complies with current Data Protection legislation, and for purposes of its business may process personal data relating to the Customer. Such information may be used by the Company as described in the privacy policy on the Company’s website. A copy of the Company’s privacy policy is available on request.

  3. Cancellation

    1. (a)  In the case of a Contract for goods which are personalised to a Customer (e.g. MatriLine) the Customer shall not be entitled to cancel such a Contract.

    2. (b)  In the case of a Contract for goods which are not personalised to a Customer, the Customer may cancel such a Contract by email post or fax within 7 days of receipt of the goods. In the event of such cancellation the Company shall within 30 days of cancellation refund any payment made by the Customer relating to such cancelled Contract less any amount applicable under clause 10(c).

    3. (c)  In the event of a Customer cancelling a Contract due to no fault of the Company, the Customer shall return the goods supplied at the Customer’s expense. If the Customer shall fail to do so, the Company may make a charge to recover such goods.

    4. (d)  The Company reserves the right to decline to accept for analysis any sample received later than three months from the shipping date of the DNA sampling kit from the Company to the Customer.

    5. (e)  In respect of (d) above, no refund will be due from the Company to the Customer.

  4. No Set-off

    In the event of a Report being defective or allegedly defective, the Customer will nonetheless be obliged to pay for other Reports properly supplied by the Company in compliance with the Contract. For the purposes of the Customer’s payment obligations, each Contract will be treated separately and the Customer will not be entitled to any set-off.

  5. Force Majeure

    The Company accepts no liability for loss or damage arising from fire, flood, meteorological conditions, war, riot, civil commotion, malicious damage, industrial disputes, industrial action, transport delays, accidents of any kind, perils of the sea or rivers, acts of God, government or local authority restrictions, force majeure or other contingencies which prevent or delay the Company’s implementation of its obligations under the Contract.

  6. Governing Law & Jurisdiction

    The Contract will be governed by the law of England and the parties submit to the exclusive jurisdiction of the English courts.