GENERAL TERMS AND CONDITIONS OF THE PHARMAHEMP LABORATORIES ANALYTICAL LABORATORY

 

         I.            GENERAL PROVISIONS

 

Article 1

(Validity and Application)

  • These General Terms and Conditions of the PharmaHemp Laboratories analytical laboratory of the company Pharmahemp d.o.o., Koprska ulica 106/c, Ljubljana (hereinafter referred to as: the “analytical laboratory”), apply and are used for all mutual business relationships between the analytical laboratory as the provider of analytical laboratory services, and the contracting entities of these services, i.e. the buyers of analytical laboratory services (hereinafter referred to as: the “Contracting Entities“). Below, these General Terms and Conditions are also referred to as the “General Terms and Conditions“.

 

  • The General Terms and Conditions have been made publicly available and accessible in electronic form on the website of the analytical laboratory (https://pharma-lab.eu/), and in physical form at the headquarters of the analytical laboratory, detailed in Point 1.1. of these General Terms and Conditions.

 

  • The General Terms and Conditions are an essential constituent and component of every order and contract or business transaction, the subject matter of which is the implementation of services that the analytical laboratory is performing in the framework of its activity. These General Terms and Conditions shall be supplemented with any specific arrangements concluded between the parties to the transaction, which shall be equally binding as the General Terms and Conditions. In the absence of any specific arrangements between the parties, the entire legal relationship existing between them shall be governed according to these General Terms and Conditions.

 

  • Every time the Contracting Authority orders analytical laboratory services, accepts the offer provided by the analytical laboratory, concludes a contract, or performs an action which serves as the basis for the conclusion of a business relationship between the analytical laboratory as the provider of analytical testing services and the Contracting Entity in connection with the supply of these services, the Contracting Entity is deemed to have explicitly stated that they are aware of the General Terms and Conditions, fully agree with them, and accept them as an essential constituent of such a business relationship.

 

  • The General Terms and Conditions shall apply for the regulation of all mutual rights, claims, disagreements, disputes, etc. arising from the business relationship concluded between the analytical laboratory and the Contracting Entity and related to the provision of analytical laboratory services, including their breach, termination, and validity.

 

  • When it comes to the assessment and management of mutual relationships between the analytical laboratory and the Contracting Entity, the use of any General Terms and Conditions of the Contracting Entity is entirely excluded, and the Contracting Entity agrees with said condition.

 

  • The General Terms and Conditions shall enter into force on the date of their adoption, stated in the General Terms and Conditions, and their publication, if a later date of their entry into force is not detailed in the General Terms and Conditions, and shall apply until their cancellation or until their amendments are enforced.

 

Article 2

(Changes to the General Terms and Conditions)

  • The analytical laboratory can change, supplement, or cancel these General Terms and Conditions at any time.

 

  • The revised General Terms and Conditions are binding from the date of their adoption and publication on the website, detailed in Point 1.2. of these General Terms and Conditions, unless the revised General Terms and Conditions specifically state a later date of their entry into force. The revised General Terms and Conditions apply for all business transactions concluded between the analytical laboratory and the Contracting Entity, which have been concluded or the orders in the framework of which have been provided on the day after the date of their entry into force.

 

  • The assessment of mutual relationships is governed by the General Terms and Conditions, published and valid on the day that the Contracting Entity has placed each individual order or provided a statement on the acceptance of an offer, or on the day that a business transaction in terms of individual provision of the analytical laboratory services has been concluded through another action of the Contracting Entity.

 

  • The provision referred to in Point 2.3. of these General Terms and Conditions applies for a one-time individual order and in the event of several consecutive orders of the Contracting Entity, placed on the basis of a previous individual contract concluded between the analytical laboratory and the Contracting Entity, or on the basis of previous registration pursuant to Article 5 of the General Terms and Conditions.

 

  • The Contracting Entity shall assume exclusive responsibility to check and become familiar with the content of the General Terms and Conditions in force at the relevant time, binding for the Contracting Entity pursuant to Point 2.3. of these General Terms and Conditions, and published on the website detailed in Point 1.2. of these General Terms and Conditions, before each individual order, the statement on the acceptance of an offer, or another action of the Contracting Entity, on the basis of which a business transaction pertaining to individual provision of analytical laboratory services is concluded. The consequences of any failure to comply with said obligation shall be borne by the Contracting Entity, and failure to comply with said obligation does not exclude the use of the General Terms and Conditions in force at the relevant times.

 

II.     ACTIVITY OF THE ANALYTICAL LABORATORY

Article 3

  • The activity of the analytical laboratory encompasses laboratory verifications and testing of industrial hemp or of the cannabinoid content in an industrial hemp sample, its parts, and other materials and industrial hemp products manufactured for various contracting entities.

 

  • Industrial hemp in the sense described in the preceding point is only considered to be hemp varieties where the tetrahydrocannabinol (THC) content in the hemp sample does not exceed 0.2% (percent).

 

  • Sampling and field sampling is not included in the segment of laboratory testing. In any event, sampling is the obligation and the responsibility of the consumer.

 

III.   BUSINESS PREMISES, CONTACT DETAILS, AND WORKING HOURS

 

Article 4

  • The business premises of the analytical laboratory are located at Cesta v Gorice 8, SI-1000 Ljubljana.
  • The manager of the analytical laboratory is the company PharmaHemp d.o.o. Company contact details:
  • Address: Koprska ulica 106/c, SI-1000 Ljubljana, Slovenia
  • Company registration number: 2343428000
  • ID for VAT: SI11032413

 

  • The analytical laboratory can be contacted by e-mail at info@pharma-lab.eu or by phone at +386 1 4239 790.

 

  • The working hours of the analytical laboratory are from Monday to Friday, from 7am to 3pm. The front office for the receipt of samples is open from Monday to Friday, from 8am to 4pm. Upon prior agreement with the front office, samples can also be received outside of the usual working hours for the receipt of samples.

 

IV.   PLACING AN ORDER FOR THE ANALYTICAL LABORATORY SERVICES

Article 5

(Order Placement Registration and Method)

    • You can place an order for the provision of the analytical laboratory services by using one of the following methods:
  1. by placing an order through the online application for ordering analytical laboratory services, located on the website detailed in Point 1.2. of the General Terms and Conditions, or
  2. by submitting an order by phone, e-mail or using a printed application form to be sent by regular mail to the address of the analytical laboratory, or to be brought in person to the front office of the analytical laboratory.

 

  • Phone orders and personally placed orders are only accepted during the working hours detailed in Point 4.4. of these General Terms and Conditions.

 

  • Before placing the first order with the analytical laboratory, every Contracting Entity must complete an electronical registration as a Contracting Entity on the website detailed in Point 1.2. of the General Terms and Conditions, regardless of the chosen order placement method detailed in Point 5.1. is concluded.

 

  • During the registration of the Contracting Entity, detailed in the previous point, an electronic profile is created for the Contracting Entity, used to manage all subsequent orders of the Contracting Entity, placed using one of the methods detailed in Point 5.1. of these General Terms and Conditions. The Contracting Entity can access its electronic profile by using the password chosen by the Contracting Entity upon first registration.

 

  • Upon registration, the Contracting Entity notifies the laboratory of their name, surname or company name (name of the legal entity), e-mail address, country of residence or country of establishment of the company, and user name used to unequivocally define the Contracting Entity. Upon registration, the Contracting Entity must provide correct and true information.

 

  • For a successful registration, the Contracting Entity must first accept the use of these General Terms and Conditions and of the Privacy Policy, available and published on the website detailed in Point 1.2. of these General Terms and Conditions.

 

  • The information detailed in Point 5.5. of this Article, and other contact details of the Contracting Entity (phone number, fax number, address of residence or business address) and information related to the provision of the service (sample number, type, and quantity, results of the analysis and other information related to the service that has been ordered), is collected, processed and stored by the analytical laboratory in order to provide services which form the subject matter of the order, preserve evidence on the service provided, and for research purposes and other legal purposes.

 

  • When completing the registration and placing the order, the Contracting Entity must ensure that all information provided is correct and true, and must periodically inform the analytical laboratory of any changes in the information provided. All charges or delays occurring due to false or untrue information of the Contracting Entity or in relation to it shall be the responsibility of the Contracting Entity; the damages and costs related thereto must be reimbursed to the analytical laboratory by the Contracting Entity.

 

Article 6

(Order through the Web Application of the Analytical Laboratory, Price)

    • After a successful registration, every Contracting Entity has the possibility to place each subsequent order through the web application of the analytical laboratory, which can be found on the website detailed in Point 1.2. of these General Terms and Conditions.

 

  • When placing an order through the web application, the Contracting Entity must specify the number of samples to be analysed, their name and their serial number, or any other identification markings of the samples that the Contracting Entity wishes to present on the issued certificate or report of the analysis performed.

 

  • After a successfully placed order, the Contracting Entity will receive the identification markings making it possible for them to identify the received sample with the placed order. The Contracting Entity must then fix these markings on the package containing the samples to be sent to the analytical laboratory by post, or personally hand it over to the front office of the analytical laboratory during the working hours detailed in Point 4.4. is concluded.

 

  • Before placing the order through the web application, the Contracting Entity can see the price of service, i.e. the price for the analysis of each individual sample and the total price for all samples or services which form the subject matter of the order. The price is in EUR, and the net price is shown separately from the value added tax (VAT).

 

  • By placing the order through the web application, the Contracting Entity confirms their agreement with the price for the service ordered, as shown pursuant to Point 6.4. of the General Terms and Conditions; the order is thereby considered to be submitted and confirmed by the Contracting Entity.

 

Article 7

(Ordering by Phone, E-mail or a Printed Application, and Price)

    • After a successful registration, every Contracting Entity also has the possibility of placing each individual order for the analytical laboratory services by phone, e-mail, or by physically submitting a printed application sent by regular mail or personally deposited at the front office of the analytical laboratory.

 

  • When placing the order, the Contracting Entity must specify the number of samples to be analysed, their name and their serial number, or any other identification markings of the samples that the Contracting Entity wishes to present on the issued certificate or report of the analysis performed.

 

  • When placing an order pursuant to this Article, the provision of the Point 6.3. of the General Terms and Conditions shall also apply mutatis mutandis, whereby the identification markings of the analytical laboratory shall also be determined using one of the methods detailed in Point 7.1. is concluded.

 

  • After receiving an order pursuant to Point 7.1. of the General Terms and Conditions, the analytical laboratory shall personally issue a pro forma invoice to the Contracting Entity for the service ordered, send said pro forma invoice to the Contracting Entity by e-mail or by regular mail, or enter it into the electronic profile of the Contracting Entity in the web application for placing orders, created upon registration pursuant to Article 5 of the General Terms and Conditions.

 

  • The pro forma invoice detailed in the previous point indicates the price of service, i.e. the price for the analysis of each individual sample and the total price for all samples or services which form the subject matter of the order. The price is in EUR, and the net price is shown separately from the value added tax (VAT).

 

  • The order placed by the Contracting Entity is considered to be submitted and confirmed when the Contracting Entity confirms the submitted order in writing upon receiving the pro forma invoice (an e-mail confirmation is also considered as written confirmation), or pays the agreed-upon price, or executes another action considered as an order confirmation in accordance with the established practice.

 

V.     PAYMENT OF SERVICES, PROVISION OF SERVICES

 

Article 8

(Payment of services)

  • Unless the Contracting Entity and the analytical laboratory specifically agree otherwise, the Contracting Entity must pay for the ordered service before it is provided, whereby the price must comply with the amount set pursuant to Point 6.4. or Point 7.5. is concluded.

 

  • Payment can be made with a credit card or a direct deposit on the transaction account of the company Pharmahemp d.o.o., detailed in the pro forma invoice or published in the Transaction Account Registry managed by AJPES.

 

  • When it comes to the payment method, the Contracting Entity must reach an agreement with the analytical laboratory in the event the order was placed pursuant to the conditions detailed in Article 7 of the General Terms and Conditions; alternatively, the Contracting Entity can also choose and confirm the payment method in the web application in the event of placing an order pursuant to the conditions detailed in Article 6 of the General Terms and Conditions. The analytical laboratory reserves the right to choose and change acceptable payment methods.

 

Article 9

(Method and Deadline for the Provision of Services)

    • The analytical laboratory is not obliged to start with the provision of services until it receives the entire payment of the service price defined pursuant to Point 6.4. or Point 7.5. is concluded.

 

  • When performing the analysis, the analytical laboratory uses the method of analysis validated by the analytical laboratory pursuant to internationally adopted guidelines for the acquisition of accreditation according to ISO17025:2017 or another method (see Point 9.3.).

 

  • If the Contracting Entity fails to specify any specific requirements for the ordered parameters, methods or standards for the implementation of the analysis when placing the order, the analytical laboratory has the right to choose the method of analysis at its own professional discretion considering the ordered analysis parameters. In this case, the analytical laboratory can choose the method from Point 9.2. of the General Terms and Conditions, or any other method according to best practice. The analytical laboratory is not obliged to inform the Contracting Entity of the chosen method in advance before performing the analysis, but can only do so in the report on the performed analysis (hereinafter referred to as: the “certificate“).

 

  • The analytical laboratory does not guarantee that the results of the analysis and the explanations stated in the certificate shall be accepted and taken into consideration by other persons (official bodies or any other subjects), and does not bear any responsibility related thereto; the Contracting Entity has no right of claims or objections related thereto in relation to the analytical laboratory, i.e. the Contracting Entity entirely waives any potential objections or claims.

 

  • The certificate on the performed analysis shall generally be received by the Contracting Entity within 10 working days from the day that the analytical laboratory received the sample for analysis and that the agreed-upon price for the service ordered has been paid, if the analytical laboratory does not notify the Contracting Entity (immediately after receiving the sample and the payment from the Contracting Entity) of a longer deadline for the implementation of the services ordered.

 

  • The deadline for the implementation of the analysis can always be extended by the Contracting Entity for any reasons arising from the Contracting Entity (unsuitable or lacking information, specific or unclear instructions of the Contracting Entity in terms of analysis parameters, etc.).

 

  • The certificate is sent by the analytical laboratory to the Contracting Entity in electronic (PDF) format to the e-mail address specified by the Contracting Entity upon registration or later notified to the analytical laboratory, or is entered in electronic (PDF) format in the profile of the Contracting Entity created upon registration of the Contracting Entity pursuant to Article 5 of the General Terms and Conditions. Furthermore, the analytical laboratory shall inform the Contracting Entity of it by sending an e-mail or using another appropriate means of communication (SMS, phone, etc.).

 

  • The certificate shall only be sent to the Contracting Entity in physical form upon explicit request of the Contracting Entity and if the analytical laboratory agrees to do so in each individual case. Unless otherwise specifically agreed, the Contracting Entity must cover the costs of preparing and sending the certificate pursuant to this point.

 

Article 10

(Sample Adequacy)

    • The sampling and the responsibility for the suitability and adequacy of samples in order to perform the requested analysis shall be borne exclusively by the Contracting Entity. The analytical laboratory is not obliged to verify the suitability or adequacy of the received sample of the Contracting Entity.

 

  • The analytical laboratory must perform the ordered sample analysis in the state in which it has been received. If the sample is sent by regular mail or otherwise, the responsibility for the risk of destruction or damage of the sample or of other changes in its composition or quality during transport or transfer shall be borne exclusively by the Contracting Entity.

 

  • Notwithstanding Point 10.1. and 10.2. of the General Terms and Conditions, the analytical laboratory is entitled to reject the order in its entirety and to notify the Contracting Entity of it, if unsuitable qualities of the sample prevent or crucially impair the execution of the service ordered. This right may be exercised by the analytical laboratory at any time within the deadline stated in Point 9.5. is concluded.

 

  • If the information provided by the Contracting Entity and necessary for the implementation of the analysis by the analytical laboratory is unsuitable or insufficient, the analytical laboratory shall inform the Contracting Entity of it. If the Contracting Entity fails to notify the analytical laboratory of the required information or data within the agreed-upon deadline, the analytical laboratory shall either carry out the analysis based on the data available, or shall refuse to carry out the received order pursuant to the conditions stated in Point 10.3. of the General Terms and Conditions, and inform the Contracting Entity of it.

 

  • In the case of refusal to carry out the order pursuant to Point 10.3. or 10.4. of the General Terms and Conditions, the analytical laboratory has the right to be indemnified for all costs or damages incurred in connection with the refused order. These costs may be settled from the payment that the Contracting Entity effectuated for the placed order. If no costs are incurred, or if the payment received is higher than the costs incurred, the analytical laboratory shall issue a certificate of credit to the Contracting Entity in the amount of said difference. The Contracting Entity may use said credit with the analytical laboratory for ordering new services or repeating the execution of the original order on a new sample. If an order is refused, the Contracting Entity shall have no right to the reimbursement of the purchasing price already paid pursuant to this Article.

 

Article 11

(Unforeseen Additional Work and Repetitions)

    • In the event of unforeseen additional work or the necessity of repetition of services or a part thereof, which is a consequence of a breach of obligations of the Contracting Entity arising from these General Terms and Conditions, or in the event of any other reasons from the legal sphere of the Contracting Entity, the Contracting Entity must pay to the analytical laboratory the maximum price for the implementation of said additional works or service repetitions.

 

  • In the case referred to in point 11.1. of the General Terms and Conditions, the analytical laboratory will notify the Contracting Entity before providing additional services or before repeating the service, and shall also prepare an offer for the preparation of said additional works/services or the repetition of service, which shall also include the cost of said additional works/services or repetitions. Additional services or repetition of services shall be carried out if the Contracting Entity accepts said additional services or repetition of services through another action.

 

  • If additional works/services or repetition of services are necessary for reasons which are in the legal sphere of the impact of the analytical laboratory, these works or services shall be carried out by the analytical laboratory at its own costs; in this case, the analytical laboratory is entitled to an appropriate extension of the time limit for the delivery of the certificate of the analysis carried out.

 

(Order Rejection and Cancellation)

    • As a rule, the analytical laboratory shall be obliged, in accordance with the conditions and rules of these General Terms and Conditions, to execute all orders received that fall within the framework of its activities specified in Article 3 of these General Terms and Conditions.

 

  • Notwithstanding Point 12.1. of the General Terms and Conditions, the analytical laboratory is entitled to refuse to carry out an order received, at any time within the deadline of 5 working days from the beginning of the deadline detailed in Point 9.5. of these General Terms and Conditions.

 

  • In the case referred to in the previous paragraph, the analytical laboratory shall notify the Contracting Entity of the refusal of the received order following the usual method, while the Contracting Entity shall be entitled to receive a reimbursement of the full price paid for the rejected order. The analytical laboratory shall be obliged to reimburse said price to the Contracting Entity no later than within 8 days of refusal of the order.

 

  • The Contracting Entity shall only be entitled to unilaterally revoke or amend the order placed pursuant to these General Terms and Conditions if the analytical laboratory has not yet begun executing any works in relation to the implementation of the services ordered.

 

  • The Contracting Entity can only revoke or amend an order in writing, whereby the revocation or amendment shall enter into force the moment that the analytical laboratory receives said statement from the Contracting Entity. The analytical laboratory must inform the Contracting Entity of whether the order was successfully revoked or amended or not.

 

  • In the event of a timely revocation of the order, the analytical laboratory must reimburse the Contracting Entity for the received payment no later than within 8 days of receiving the revocation, minus any potential costs incurred to the analytical laboratory in relation to said revocation. In the event of a timely amendment of the order, said amendment is only binding for the analytical laboratory if the latter specifically and explicitly confirms the amendment in writing, and if the Contracting Entity and the analytical laboratory also agree on a potential price amendment related to it.

 

VI.           LIABILITIES AND GUARANTEES AND DISCLAIMERS OF THE ANALYTICAL LABORATORY

Article 13

    • The analytical laboratory shall receive the industrial hemp samples, raw material samples, or samples of products made of industrial hemp from the Contracting Entity and for the account of the Contracting Entity in order to implement the analysis pursuant to the activity set out in Article 3 of these General Terms and Conditions. Pursuant to these General Terms and Conditions, these samples only temporally become the property of the analytical laboratory for the purpose of implementing the service ordered (for the duration of the ordered analysis and the preparation of the analysis report – certificate, and until the end of the deadline for any potential claims and issues of the Contracting Entity), and only for the account and the necessities of the Contracting Entity.

 

  • The analytical laboratory shall never be granted a property or ownership right for the samples received, and must respect the instructions of the Contracting Entity in terms of handling said samples, whereby the Contracting Entity shall keep its property and ownership right throughout the process. The analytical laboratory is merely a temporary owner (detainer) of the received samples, which are temporarily stored in the name and for the account of the Contracting Entity and pursuant to its instructions.

 

  • The Contracting Entity agrees and orders to the analytical laboratory to permanently destroy the analysed specimens (samples) after the executed order and the preparation of the certificate. Pursuant to the instructions of the Contracting Entity, the analytical laboratory shall hand the samples to contractual contractors for destruction, whereby the latter shall provide the analytical laboratory with proof of their destruction. The received samples shall never be returned to the Contracting Entity by the analytical laboratory; the Contracting Entity agrees with it and has no claim towards the analytical laboratory arising from it. The certificate on the destruction of samples shall only be provided to the Contracting Entity at its explicit request.

 

  • To the best of its abilities and pursuant to its due diligence, the analytical laboratory guarantees and is responsible for preventing third parties from accessing and using the analytical samples, if such access or use is not compliant with the purpose of the received order or these General Terms and Conditions.

 

  • In the framework of performing its activities, the analytical laboratory shall only perform laboratory verifications and testings of the received industrial hemp samples in order to analyse their cannabinoid content for the account of the Contracting Entity and in order to issue a certificate on the results of such analysis. In this context, the analytical laboratory will not use the received samples for the purpose of their production, processing, consumption, sale, or other type of trade, and has also not received them for this purpose.

 

  • The analytical laboratory does not and cannot know the source of the sample, which can also not be verified by the analytical laboratory that is not obliged to perform said verification; furthermore, the analytical laboratory does not and cannot know the purpose of the Contracting Entity for the analysis, and does not and cannot know the purpose for which the Contracting Entity will use the ingredients that the samples for the analysis were taken from.

 

  • Until the end of the analysis, the analytical laboratory does not and cannot know the actual composition of the received sample, and only knows the information obtained from the Contracting Entity in relation with the received sample, as well as guarantees provided by the Contracting Entity pursuant to these General Terms and Conditions (Article 14).

 

  • The analytical laboratory is responsible for:
  1. providing a timely implementation of the received order pursuant to these General Terms and Conditions and any special agreements concluded with the Contracting Entity.
  2. informing the Contracting Entity of important circumstances related to the implementation of the received order pursuant to these General Terms and Conditions, and performing regular and smooth communication with the Contracting Entity.
  • safeguarding the personal data of the Contracting Entity pursuant to regulations.
  1. providing for the protection of all information obtained or created during the implementation of laboratory activities as confidential, and only using it for the purpose of implementing the services ordered, and for the implementation of other purposes defined in these General Terms and Conditions.
  2. performing laboratory activities in an unbiased manner, pursuant to professional rules and suitable methods of work.
  3. acting in accordance with the rules of professional diligence, and guaranteeing the quality of the services performed.
  • providing any declarations of conformity with the specifications or standards, or any explanations, in the framework of its unaccredited activity.
  • providing measurement uncertainty in the certificate, regardless of the requirements of the Contracting Entity, pursuant to professional rules.
  1. accepting and analysing samples for which it can be deduced, based on known facts and circumstances, that they are not illicit drugs or other illicit substances.
  2. guaranteeing the proper handling of samples, for which the analysis determines that the THC content exceeds the limit of 0.2% (per cent) in a manner in line with the use of valid regulations in the field of handling illicit drugs (Rules on Technical and Sanitary Conditions and on the Mode of Protection of the Facilities for Storage and Dispensing of Illicit Drugs from Groups I and II, Official Gazette of the Republic of Slovenia, No. 124/2007 and amendments; Decree on the Method of Dealing with Seized and Taken Illicit Drugs, Official Gazette of the Republic of Slovenia, No. 48/2007, 63/2009 and amendments).

 

VII. RESPONSIBILITIES AND GUARANTEES OF THE CONTRACTING ENTITY

Article 14

    • By placing the order for the execution of the analytical laboratory services pursuant to these General Terms and Conditions, or any special agreements with the analytical laboratory, the Contracting Entity specifically states and confirms that:
  1. the substance in the provided sample is not an illicit drug or another illicit substance, and that the sample has been taken from industrial hemp or a substance/product from industrial hemp detailed in Point 3.2. of these General Terms and Conditions (with a tetrahydrocannabinol (THC) content of up to 0.2% (percent)) or from substances allowed in legal transactions.
  2. the Contracting Entity owns suitable permissions for owning and using the substance that the sample has been taken from.
  • the substance that the sample has been taken from shall only be used for legal and allowed purposes and pursuant to all applicable regulations.

 

  • In the event of a breach of responsibility or guarantee of the Contracting Entity from Point 14.1. of these General Terms and Conditions, and in the event that the analytical laboratory has incurred any property or non-material damage (which includes loss of profit), and that the analytical laboratory has received a fine or another decision of an official authority related thereto, or if the analytical laboratory suffered other damage or costs related thereto (including but not limited to costs of legal representation, restoration costs, costs of breach remedy, etc.), the Contracting Entity must reimburse the entire sum of these costs and damages to the analytical laboratory, and replace the value of lost benefits of the analytical laboratory.

 

  • The Contracting Entity is responsible for:
  1. active cooperation with the analytical laboratory when it comes to planning and implementation of the agreed activities, by providing all the information or additional samples necessary to perform the order in accordance with these General Terms and Conditions.
  2. provide the analytical laboratory with a sufficient quantity of the sample for performing the test, e.g. at least 2 grams of specimens in the case of plant materials, or at least 0.5 grams of specimens of other materials.
  3. present the samples in the appropriate and suitable state for the performance of the ordered service in accordance with the regulations and standards applicable in the area of sampling and testing (analysing), and transporting and storing samples for testing purposes. In this context, vegetable materials must be as homogenised and dried as possible, and must contain no admixtures which could affect the outcome of the measurements.
  4. notify the analytical laboratory of all key information on the characteristics of the sample for the test that might affect the safety and health of the employees or the execution of the ordered services, as well as other characteristics relevant for handling the specimens for the test (possible contamination, content of hazardous substances or prohibited substances, etc.).
  5. fulfil all of its monetary and non-monetary liabilities towards the analytical laboratory in accordance with these General Terms and Conditions and with any specific arrangements with the analytical laboratory.
  6. reimburse the analytical laboratory for all damage resulting from the received samples, and also reimburse the analytical laboratory for all additional unexpected costs incurred to due to inadequate characteristics of the sample or due to other violations of the Contracting Entity.

 

 

VIII. CONFIDENTIAL DATA PROTECTION

Article 15

    • The analytical laboratory undertakes to preserve as confidential any information or documents that will be disclosed to the analytical laboratory during the performance of the service, or that the analytical laboratory discovers or create itself, that are related to the Contracting Entity or its business transactions, or to natural and legal persons associated with the Contracting Entity.

 

  • The analytical laboratory shall never reveal confidential information and documents to a third party without the consent of the Contracting Entity, except in the case when the analytical laboratory is bound to disclose such information by law. In the latter case, the analytical laboratory shall inform the Contracting Entity of the publication or disclosure of confidential information, except if such publication or disclosure is prohibited by law.

 

IX.   INTELLECTUAL PROPERTY RIGHTS

Article 16

    • The analytical laboratory shall own all intellectual property rights on the products arising from its activities, contained or published in writing, on the Internet, in other electronic means, or sent to a third party.

 

  • It is prohibited to transcribe, copy, republish, send by regular post or otherwise disseminate for commercial purposes any document published by the analytical laboratory without explicit written consent of the analytical laboratory.

 

X.    COMPLAINTS

Article 17

    • The Contracting Entity is entitled to file a complaint in terms of the performed service no later than within 8 days after the issuance of the certificate or the performance of service.

 

  • Complaints can only be filed in writing at: info@pharma-lab.eu or by regular mail to the address of the analytical laboratory.

 

  • The analytical laboratory undertakes to resolve complaints in the shortest possible time and inform the customer of said resolution in writing. The process of treating the complaint is confidential.

 

  1. FINAL PROVISIONS
    • The legislation of the Republic of Slovenia is used for the management of all relations, disputes, disagreements or claims (contractual or otherwise) between the analytical laboratory and the Contracting Entity, arising from the contract or from the order of services pursuant to these General Terms and Conditions.

 

  • In the event of a judicial dispute, it will be settled exclusively by the competent court of the Republic of Slovenia in Ljubljana.

 

  • In case individual provisions of these General Terms and Conditions become invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.

 

  • All amendments and additions to the contract, the orders and the General Terms and Conditions are only possible and valid in writing. When it comes to the business transactions, statements and agreements from these General Terms and Conditions or to the transactions in relation to supplying the analytical laboratory services, the written form is equal to the business transactions and communication by e-mail using official contact e-mail addresses of the parties agreed upon between the parties, or published as official contact e-mail addresses of the parties.

 

  • In the event that the consumer acts as the Contracting Entity, these General Terms and Conditions shall apply, except in the event that they do not comply with the relevant provisions of consumer protection legislation.

 

 

 

 

 

 

 

These General Terms and Conditions have been adopted by: Pharmahemp d.o.o. for the purpose of the business transactions entered into by PHARMAHEMP LABORATORIES

 

 

Date of receipt of General Terms and Conditions:

Ljubljana, on 1.6.2020

 

Date of publication of the General Terms and Conditions:

https://pharma-lab.eu/, on 13.6.2020

 

 

These Terms are valid from 13.6.2020