Terms and Conditions
Table example below – this can be loaded from a library module
| “Business Day” | a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business. |
| “Conditions” | the terms and conditions set out in this document, as amended from time to time in accordance with clause 13.5. |
| “Contract” | the contract between QMDx and the Customer for the sale and purchase of the Products and/or provision of Success Plan Services (as applicable) in accordance with these Conditions. |
| “Customer” | the person who purchases the Products and/or Success Plan Services (as applicable) from QMDx. |
| “Delivery Date“ | the target date for delivery of the Products as set out in the Order or as otherwise agreed in writing by the parties. |
| “Delivery Location” | the delivery location as set out in the Order, or as otherwise agreed in writing by the parties. |
| “Documentation” | the Specification, IFU, and any other manual, instructions for use and other documentation published by QMDx in relation to the Products. |
| “Expiration Date” | with respect to a Product, any shelf life date, expiration date or “use by” of such Product, as set out in the applicable Specifications. |
| “Force Majeure Event” | an event, circumstance or cause beyond a party’s reasonable control which affects, prevents or hinders the performance by a party of its obligations under the Contract and arises from acts, events, omissions or non-events including acts of God, riots, war, acts of terrorism, fire, flood, storm, earthquake, epidemic, pandemic and any natural disaster. |
| “IFU” | in respect of a Product, its written instructions for use as made available by QMDx. |
| “Losses” | has the meaning given in clause 7.5. |
| “Order” | the Customer’s written acceptance of the Quotation, or applicable part thereof (whether in the form of a purchase order or otherwise). |
| “Price” | the price of the Products and/or Success Plan Services (as applicable). |
| “Product(s)” | the products described in the Order. |
| “Product Data” | technical or usage data related to the Products, including log files of tests, log files of Products, but excluding any patient-specific data. |
| “QMDx” | QuantuMDx Group Limited (registered in England and Wales with company number 06523152). |
| “Quotation” | QMDx’s written quotation for products as described in such quotation and/or Success Plan Services (as applicable). |
| “Specification” | with respect to a Product, QMDx’s specifications for such product as made available by QMDx from time to time. |
| “Success Plan” | with respect to a Product, the success plan for that Product as described in the “customer success plan” section of the applicable Quotation. |
| “Success Plan Period” | has the meaning given in the Success Plan. |
| “Success Plan Services” | the services described in the Success Plan. |
| “Updates” | has the meaning given in clause 9.3. |
1.2 Interpretation:
1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2 A reference to a party includes its personal representatives, successors and permitted assigns.
1.2.3 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.2.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.5 A reference to writing or written includes email but not fax.