Lucence Test Order Terms

Terms & Conditions for Singapore

Lucence Diagnostics Pte. Ltd. (“Lucence”) provides test procedures on samples based on selected tests and provision of test reports based on tests selected (“Services”).

Lucence shall provide the Services from its laboratory located at 211 Henderson Road, #04-02 Henderson Industrial Park, Singapore 159552. Lucence shall ensure that the Services will be provided with reasonable skill and care in accordance with its usual quality assurance standards. Lucence shall take appropriate action necessary to obtain and/or renew its licence, certification and accreditation necessary to perform the Services.

  1. Payment terms

Payment shall be made to Lucence within thirty (30) days from the date of Lucence’s invoice or within such other time period as may be agreed.

If test order is cancelled any time after receipt of sample by Lucence, Lucence reserves the right to charge a fee for work done, up to the total cost of the test.

Any unpaid invoices (or any part thereof) will be considered past due after thirty (30) days of the invoice date.  Upon non-payment of any invoice rendered for the Services, Lucence reserves the right to discontinue providing the Services to the ordering physician and/or clinic/hospital until the balance is paid in full.  Lucence shall also be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount at the rate of 1.5 percent (1.5%) per month from the due date until the outstanding amount is paid in full.

2.  Turnaround Time(s) (“TAT”) as a guide only
All turnaround times for tests administered by Lucence are provided as an indicative guide only and are based on Lucence’s experience of the time taken for the majority of such test results to be delivered. ‘Working day’ refers to Mondays-Fridays, 9am-6pm only, excluding Saturdays, Sundays, public holidays, and eves of public holidays. The cut-off time for sample receipt in Lucence laboratory is 5.00pm on working days. Samples that arrived in our laboratory after 5.00pm shall only be accepted the following working day. As the performance of the tests may require the input of third parties and involve factors that are not within Lucence’s control, Lucence is unable to guarantee the turnaround time. However, Lucence shall keep the ordering physician informed if there are any unusual delays.

  1. Liabilities

Lucence shall not be liable for any loss of profit, indirect, consequential or special damages or losses suffered by the ordering physician, clinic/hospital in connection with the use of the Services, including but not limited to any delays in the delivery of the test results. Further, Lucence shall have no liability to the clinic/hospital for any losses, damages, costs, expenses or other claims for compensation arising from any information or instructions supplied by the ordering physician or clinic/hospital which is or are incomplete, incorrect or inaccurate. In no event shall Lucence’s total liability to the clinic/hospital under exceed in aggregate the total amount paid by the clinic/hospital for the services rendered by Lucence hereunder twelve (12) months prior to the clinic’s/hospital’s claim.  Any claim made by the clinic/hospital against Lucence shall be submitted within three (3) months after the subject matter giving rise to the claim has arisen, failing which any such claim will be void. On the other hand, the clinic’s/hospital’s total liability to Lucence shall be limited to the total value of the Services provided by Lucence.

The ordering physician agrees and undertakes to Lucence:

  1. to be liable for all damages and losses which Lucence may suffer or incur arising from any act caused intentionally or negligently by the ordering physician, its officers or any other person employed by the ordering physician;
  2. to fully defend, indemnify and hold harmless Lucence and its related corporations or associated companies, employees, representatives, agents and officers from and against any claim, action, demand or complaint by any third party, including all liabilities, penalties, losses, costs, damages and expenses suffered or incurred by Lucence in connection with the use of the services hereunder; and
  3. that all necessary consents from the Patient either have been obtained, or at the time of disclosure will have been obtained, for the disclosure of their personal data to Lucence, for Lucence’s collection, processing, use and/or disclosure for the services specified in this form and that such consents are valid and have not been withdrawn. Please refer to the Privacy Policy available online at https://www.lucence.com/personal-data-protection-act/ for details on the management of personal data by Lucence.

 

  1. On-Demand Express Service

Lucence and the ordering physician may have mutually agreed in writing outside the test order form for certain tests to specifically have shorter turnaround time(s) at customized prices (“On-Demand Express Service”). For the avoidance of doubt, the above terms in relation to payment, turnaround time(s) and liabilities shall apply mutatis mutandis to such On Demand Express Services.

  1. Customers with existing service agreements

If there is any conflict between the terms and conditions on the Lucence website and a customer’s existing service agreement, the terms of such existing service agreement shall supersede.

These terms shall be governed by and construed in accordance with, the laws of Singapore.

<Updated as of 12 August 2020>

 

Terms & Conditions for United States

Lucence Health Inc. (“Lucence”) provides test procedures on samples based on selected tests, and  test reports based on tests selected (“Services”).

Lucence shall provide the Services from its laboratory located at 3520 West Bayshore Road, Palo Alto, California 94303. Lucence shall ensure that the Services will be provided with reasonable skill and care in accordance with its usual quality assurance standards. Lucence shall take appropriate action necessary to obtain and/or renew its licence, certification and accreditation necessary to perform the Services.

  1. Payment terms

Payment shall be made to Lucence within thirty (30) days from the date of Lucence’s invoice or within such other time period as may be agreed.

If test order is cancelled any time after receipt of sample by Lucence, Lucence reserves the right to charge a fee for work done, up to the total cost of the test.

Any unpaid invoices (or any part thereof) will be considered past due after thirty (30) days of the invoice date.  Upon non-payment of any invoice rendered for the Services, Lucence reserves the right to discontinue providing the Services to the ordering physician and/or clinic/hospital until the balance is paid in full.  Lucence shall also be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount at the rate of 1.5 percent (1.5%) per month from the due date until the outstanding amount is paid in full.

  1. Turnaround Time(s) (“TAT”) as a guide only

All turnaround times for tests administered by Lucence are provided as an indicative guide only and are based on Lucence’s experience of the time taken for the majority of such test results to be delivered. ‘Working day’ refers to Mondays-Fridays, 9am-6pm only, excluding Saturdays, Sundays, public holidays, and eves of public holidays. The cut-off time for sample receipt in Lucence’s laboratory is 5.00pm on working days. Samples that arrived in our laboratory after 5.00pm shall only be accepted the following working day. As the performance of the tests may require the input of third parties and involve factors that are not within Lucence’s control, Lucence is unable to guarantee the turnaround time. However, Lucence shall keep the ordering physician informed if there are any unusual delays.

3. Liabilities

Lucence shall not be liable for any loss of profit, indirect, consequential or special damages or losses suffered by the ordering physician, clinic/hospital in connection with the use of the Services, including but not limited to any delays in the delivery of the test results. Further, Lucence shall have no liability to the clinic/hospital for any losses, damages, costs, expenses or other claims for compensation arising from any information or instructions supplied by the ordering physician or clinic/hospital which is or are incomplete, incorrect or inaccurate. In no event shall Lucence’s total liability to the clinic/hospital under exceed in aggregate the total amount paid by the clinic/hospital for the services rendered by Lucence hereunder twelve (12) months prior to the clinic’s/hospital’s claim.  Any claim made by the clinic/hospital against Lucence shall be submitted within three (3) months after the subject matter giving rise to the claim has arisen, failing which any such claim will be void. On the other hand, the clinic’s/hospital’s total liability to Lucence shall be limited to the total value of the Services provided by Lucence.

The ordering physician agrees and undertakes to Lucence:

  1. to be liable for all damages and losses which Lucence may suffer or incur arising from any act caused intentionally or negligently by the ordering physician, its officers or any other person employed by the ordering physician;
  2. to fully defend, indemnify and hold harmless Lucence and its related corporations or associated companies, employees, representatives, agents and officers from and against any claim, action, demand or complaint by any third party, including all liabilities, penalties, losses, costs, damages and expenses suffered or incurred by Lucence in connection with the use of the services hereunder; and
  3. that all necessary consents from the Patient to whom the Protected Health Information (“PHI”, as the term is defined in 45 CFR 160.103) relates either have been obtained, or at the time of disclosure will have been obtained, for the disclosure of their personal data to Lucence, for Lucence’s collection, processing, use and/or disclosure for the services specified in this form and that such consents are valid and have not been withdrawn. Please refer to the Privacy Policy available online at https://www.lucence.com/personal-data-protection-act/ for details on the management of personal data by Lucence.

 

  1. On-Demand Express Service

Lucence and the ordering physician may have mutually agreed in writing outside the test order form for certain tests to specifically have shorter turnaround time(s) at customized prices (“On-Demand Express Service”). For the avoidance of doubt, the above terms in relation to payment, turnaround time(s) and liabilities shall apply mutatis mutandis to such On Demand Express Services.

  1. Customers with existing service agreements

If there is any conflict between the terms and conditions on the Lucence website and a customer’s existing service agreement, the terms of such existing service agreement shall supersede.

These terms shall be governed by and construed in accordance with, the laws of the State of California.

<Updated as of 12 August 2020>

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