Terms and Conditions
Conditions”
mean these standard terms and conditions.
“Company”
means Medica Path Labs .
“Customer”
means you, the reader.
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GENERAL
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The services shall be as set out in the services list.
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By ordering a Service hereunder, the Customer accepts these terms and
conditions. The terms and conditions may be subject to change at any time, and
it is the Customer’s responsibility to check the terms and conditions prior to
ordering such Services for any amendments and/or alterations.
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All orders placed by a Customer shall be subject to -
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the written acceptance of the Company in accordance with Clause 1.5 below; and
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service availability.
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The Customer shall submit their full name, address and telephone/mobile details
to the Company. Please see the Company’s Privacy Policy for details about our
information gathering and dissemination practices.
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On receipt of the order by the Customer, the Company shall confirm acceptance of
the order in writing or by e-mail.
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The Company will use its reasonable endeavour to deliver the Services to the
Customer as soon as practicable after the date of payment.
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Unless otherwise specifically agreed in writing by the Company, these Conditions
shall govern all contracts between the Company and the Customer for the sale of
any of the services and shall prevail over any conditions or terms stipulated,
referred to or incorporated by the Customer in its order or negotiations.
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PRICE
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The prices of the Services (the “Price”) shall be as set out in the Directory of
Services and are correct at the time of entering the information. However, the
Company reserves the right to change the Price without prior notice.
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All Prices quoted are in Indian Rupees (“Rs.”)
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All Prices quoted are inclusive of all taxes or charges that the Customer shall
pay for the services.
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PAYMENT AND
DELIVERY
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Unless otherwise agreed in writing by the Company, payment of the full Price
(including any GST) and any additional costs (including but not limited to
postage /packaging/ carriage costs) will be made by the Customer in full before
delivery shall be effected.
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The Customer hereby agrees to effect payment to the Company by way of credit
card/debit card /Net banking (India only).
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In case of Home Visit/ Home Delivery, Convenience charges will be charged to the
Customer.
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CANCELLATION
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whilst every effort will be made to meet the Customer’s individual requirements,
the Company shall be under no obligation to accept amendments or cancellation of
any order or any part thereof. If cancellation is accepted by the Company, any
costs or expenses incurred by the Company up to the date of cancellation and all
loss or damage resulting from the cancellation will be paid by the Customer.
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The Company shall be entitled to cancel any contract(s) with the Customer
(subject to refunding the Price previously paid by the Customer) at its
discretion only without penalty at any time by giving written notice to the
Customer.
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USE OF SERVICE
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The service information sheet (“Service Information Sheet”) delivered with the
Services sets out the Company’s recommended use and storage of the Services. The
information contained in the Service Information Sheet is for informational
purposes only and should not be relied upon. The Company accepts no
responsibility for and excludes all liability for damage and loss in connection
with the use of the Service and/or the information contained in the Service
Information Sheet. Whilst the Company believes the information to be true and
accurate at the date of writing the Company can give no assurances or warranty
regarding the accuracy, currency or applicability of any of the information in
relation to specific situations or particular circumstances.
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Although every care is taken by the Company in responding to requests for
information and advice by telephone, facsimile, and e-mail no liability is
accepted by the Company, where information relating to the Customer’s order is
distorted in transmission.
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Any claim by the Customer, which is based on any non-performance of the Services
shall be notified to the Company in writing within 07 days from the date of
delivery of the Services. If the Customer omits to notify the Company in
accordance with this Condition, the Company shall have no liability for such
non-performance.
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LIABILITY
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Notwithstanding anything in these Conditions to the contrary and save for the
liability of the Company for death and personal injury caused by its negligence,
the liability of the Company under these Conditions (whether by reason of breach
of contract, tort, delict or otherwise) shall be limited only to the Price paid
by the Customer for the relevant Services.
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In no event, Company shall be liable for any indirect damages including but not
limited to, damages for loss of business or revenue, loss of profits or loss of
goodwill, or other damages consequential upon the same regardless of whether or
not the Customer has been informed of the possibility of such damages or not
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Refund Policy
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Refund of any payment received via card has to be done via cheque / online
transfer only
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Refund for any payment above Rs. 4000 received in cash has to be done via cheque
/ online transfer only.
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Refund, in case required, would be done within 7 working days.
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QUALITY CONTROL
The Company will make every endeavor to comply with all applicable regulations
and other legal requirements.
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TERMINATION
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The Company may defer or suspend the performance of the contract and or treat
these Conditions as determined if the Customer:
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breaches any of these Conditions.
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undergoes insolvency proceedings of any nature or enters into any arrangement
with its creditors.
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has incapacity to enter into contract
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Termination for whatever reason shall not affect the rights and remedies accrued
by the parties as at the date of such termination or any rights or obligations
which due to the nature thereof are intended to survive termination.
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MISCELLANEOUS
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If the Company is delayed or prevented from delivering the Services due to any
circumstances beyond its control, the Company may cancel or suspend the contract
without any liability (subject to providing the Customer with the appropriate
refund in the event that such delay or prevention is not due to an act or
omission of the Customer).
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These Conditions shall be governed by and construed in accordance with
applicable Indian Laws. The Customer hereby submits itself to the non-exclusive
jurisdiction of the Indian Courts in Delhi.
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The headings in these Conditions are inserted for convenience only. They do not
affect their interpretation or construction.
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If any provision of these Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part, the validity of the remaining
conditions shall not be affected.
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Failure or omission by the Company to enforce strict compliance with these
Conditions by the Customer shall not constitute a waiver of any of these
Conditions.
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Notices must be in writing to the Company’s or the Customer’s address and shall
be deemed delivered on the first working day after sending by hand or (subject
to confirmation of the transmission) by telex or facsimile or, on the third
working day after being placed prepaid in the first class post/courier to the
Company’s or the Customer’s address.