Terms and Conditions
Distributor Rights and Obligations
- A UK NEQAS for H&I Distributor shall be responsible for at its own cost:
- Completing the UK NEQAS for H&I Registration form including the information for each registered laboratory before the start of the Assessment Year (1st April).
- Paying all charges incurred by all registered laboratories for participation in UK NEQAS for H&I Schemes.
- Agents/Distributors will be charged for all Schemes their laboratories receive samples for, regardless of whether they submit results.
- Ensuring all charges are paid within 30 days on presentation of an invoice. Failure to pay subscription fees on presentation of an invoice will result in suspension from participation.
- Ensuring there are sufficient staff available to provide the service, including cover for staff holiday and illness.
- Updating the UK NEQAS for H&I Portal with any changes in contact information for registered laboratories.
- Updating the UK NEQAS for H&I Portal of any registered laboratory cancellations or in writing.
- Provide delivery to participants no later than 3 days after the initial distribution date listed on the UK NEQAS for H&I website (http://www.ukneqashandi.org.uk/) where possible.
- Perform proactive monitoring of all sample packets and notify UK NEQAS for H&I of any delays/issues or if they are aware of any participating laboratory failing to test EQA samples.
- Distribute samples directly to the participating laboratory.
- All reports and the data they contain are copyright and may not be published in any form without the permission of the UK NEQAS for H&I Director.
- Collusion between laboratories is not allowed. If a laboratory was suspected of collusion, UK NEQAS for H&I would review the laboratory’s participation in its schemes and potential suspend participants.
- Information provided to UK NEQAS for H&I are confidential. However, anonymised results, method information and outcomes of sample assessment (Acceptable/Unacceptable classification) are available for all participants of a scheme to view in the Participant Portal. See the ‘Confidentiality’ section of the Participant Manual for full details.
- A UK NEQAS for H&I Distributor shall refrain from any activity that would bring UK NEQAS for H&I into disrepute, interfere in any way with its aims and objectives, or affect public or professional perception of its activities.
- Consequences of Termination.
On termination of the Contract for any reason:
- A UK NEQAS for H&I Distributor shall immediately pay to UK NEQAS for H&I all outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, UK NEQAS for H&I shall submit an invoice, which shall be payable by the UK NEQAS for H&I Distributor immediately on receipt;
- Assignment and other dealings.
- A UK NEQAS for H&I Distributor shall not, without the prior written consent of UK NEQAS for H&I, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
- Each party undertakes that it shall not at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 9.2.
- Each party may disclose the other party’s confidential information:
- To its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12; and
- As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
- Entire agreement.
- This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- 10.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
- Resolution for Non-Performance
In the event of either party not performing according to the agreed terms of this Agreement, the following procedures will apply:
- In the first instance, where one party considers that the other party has underperformed in its contractual obligations; that party will write to the other, detailing the perceived underperformance. The other party will investigate, and advise the outcome of the investigation and corrective action being taken.
- Where one party considers that the other party has underperformed in its contractual obligations repeatedly, and has not received an appropriate response or corrective action, that party will instigate a meeting with the other, such meeting to be held within four weeks of a request for such meeting. The meeting should:
- Identify the underperformance or perceived problem
- Agree any remedial action to be taken
- Agree a timescale for implementing agreed remedial action.
- In the event that a resolution cannot be agreed upon between the parties to this Agreement, the issue should be resolved by reference to the NHS (Wales) dispute resolution procedure.
- Review of Performance
- The performance of new distributors will be assessed after 6 months and the performance of established distributors every year. Any unsatisfactory performance (e.g. persistent delays in onward distribution; late payment of invoices) will be brought to the attention of the distributor with a timescale for resolution of any issues identified. UK NEQAS reserves the right to give 3 months’ notice to terminate an agreement with a distributor, where such performance issues remain unresolved.
- Distributors and Participants in the Scheme have entire responsibility for all samples distributed to them under the Scheme and all activities carried out by them or any third party in relation to the samples from the time of their receipt. UK NEQAS does not take any responsibility for delays or losses due to the postal service.
- The legal entity and the Scheme warrant that all work carried out by it in relation to the Scheme will be carried out using all reasonable care and skill. All conditions, terms and warranties implied by common law, statute or otherwise are, to the extent permitted by law, hereby excluded.
- The legal entity and the Scheme shall not be liable in any circumstances for indirect or consequential loss howsoever caused, including, without limitation, loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
- The liability of the Scheme and legal entity to the participant in any annual period resulting from or in connection with the provision of the Scheme to the participant shall under no circumstances exceed the amount of the annual fee paid by the participant in respect of that annual period.
- These conditions shall be governed by and construed in accordance with UK law, and UK NEQAS for H&I and the participant submit to the exclusive jurisdiction of the UK Courts.
Please also be aware of our requirements when making payments to us, namely paying in GBP (free of bank charges). For further information, please see https://ukneqashandi.org.uk/scheme-fees/