Terms & Conditions

General Terms & Conditions

The terms and conditions herein (hereafter “Terms”) apply to all services rendered by Molecular Vision Laboratory (hereafter “Supplier”), a provider of medical genetic testing services (hereafter “Services”) to customers (hereafter “Customer”). Together, Supplier and Customer constitute the contracting parties. These Terms, in addition to the Test Requisition Form, the Privacy Statement and other customer agreements, constitute the entire agreement concerning the Services (the “Agreement”).

The Customer is deemed to have accepted the Supplier’s Terms by:
Submitting a specimen for testing; or
Submitting a test requisition form (hereafter “Test Requisition Form) either through the Supplier’s online portal, by paper, or by any electronic transmission; or
Registering to use Supplier’s online portal
Receiving test results (hereafter “Results”) either in hard copy or in digital form

The Services are exclusively provided to credentialed medical professionals, including but not limited to genetic counselors and physicians. Supplier reserves the right to refuse to provide Services to Customer if it deems Customer has not provided evidence of required credentials.

Services provided under this Agreement and the related pricing information and service descriptions are provided on the Supplier’s website, (hereafter “Website”). By accessing, using or browsing Supplier’s Website, you agree that you have read, understand and are bound by Supplier’s Privacy Policy. Molecular Vision Lab reserves the right to change product specifications, price lists and General Terms & Conditions at its discretion and will use reasonable efforts to include accurate and up-to-date information on the Website.

Instructions for ordering Services are provided on the Website and on the Test Requisition Form. Customer may order a test by submitting an electronic Test Requisition Form through Supplier’s secure online portal or by faxing/mailing/emailing a copy of a paper Test Requisition Form. Orders are deemed to have been received (hereafter “Date of Requisition”) only once Supplier has received all of the information and documentation requested on the Test Requisition Form.

The Customer is responsible for ensuring that patient health information provided to Supplier for the purposes of fulfilling the requested Services is transmitted in compliance with the Health Insurance Portability and Accountability Act of 1996 (hereafter “HIPAA”). Customer ensures that no unauthorized persons have access to patient health information. The Customer further warrants that it is authorized to provide such patient health information and patient samples to the Supplier for the purposes of fulfilling the Services, in compliance with applicable laws and regulations. Customer is responsible for providing the required information to order Services, as instructed on Supplier’s Website and Supplier’s Test Requisition Form which includes, but may not be limited to: the Laboratory Payment form, the Test Requisition Form and the patient’s Informed Consent Form. Customer agrees to comply with Supplier’s specimen requirements (hereafter “Specimen Requirements”) when submitting samples to Supplier for testing and understands that if specimens do not meet the requirements, Services may not be rendered. In communicating medical information, including but not limited to information about genetic tests and test results, Customer is responsible for ensuring that patient (or 3rd party) understands the benefits, risks, limitations and consequences of such tests and test results. Customer is further responsible for getting patient’s informed consent (hereafter “Informed Consent”) and providing the Informed Consent form to Supplier prior to Services being rendered. Customer further agrees to communicate any changes whatsoever to the patient’s Informed Consent to the Supplier at the earliest opportunity. 

The Supplier is responsible for providing the Services in accordance with these General Terms & Conditions and in accordance with Supplier’s test methods and service specifications published on the Website. The Supplier will perform Services in compliance with applicable laws and regulations, including those stipulated by the Clinical Laboratory Improvement Amendments (hereafter “CLIA”). The Supplier will provide test Results to Customer either electronically or by mail/fax/email as requested on the Test Requisition Form. Supplier will comply with the Oregon Genetic Privacy Statutes in the delivery of Results.

Supplier will make every reasonable effort to provide the Results at the earliest opportunity. Notwithstanding the foregoing, Supplier is not liable for delay of the Results due to circumstances for which it is not at fault, or which reasonable measures could not have avoided, or which could not have been anticipated by Supplier. In the event that Supplier anticipates the delivery of Results (hereafter “Date of Delivery”) to be more than 60 days after the day sample is received by Supplier (hereafter “Date of Receipt”), Supplier will alert Customer. The observance of national holidays may postpone the delivery of Results by one day when the national holiday occurs on a week day and within 30 days of Date of Receipt. These include:

(i) Christmas Eve (Dec 24th), Christmas Day (Dec 25th), Boxing Day (Dec 26th), New Year’s Eve (observed Dec 29th), New Year’s Day (Jan 1st), President’s Day (Feb 20th), Memorial Day (May 29th), Independence Day (Jul 4th), Labor Day (Sep 4th), Thanksgiving (Nov 23rd), Day after Thanksgiving (Nov 24th).

Customer is billed on Date of Requisition in accordance with the Supplier’s price list in effect at the time when the order was made. The terms of payment are Net 30 days from the date of invoice, with the exception of credit card payments, which are due on Date of Requisition. Payment for international orders must be rendered in US funds. 

Interest on delayed payments accrues at the rate of 9% per annum payable on all monies after they become due. An interim charge cap of USD$7,500 is applied to all customer accounts. Once this charge cap has been exceeded, all Services to Customer will be suspended until the account has been reconciled in full.

Customer agrees that if test procedure fails for reasons for which Supplier is not at fault, Supplier may offer to re-test at a reduced fee. In such cases, Supplier may request a second specimen be provided. Customer can decline such offer to re-test but will not be entitled to any refunds. Under no circumstances is Supplier is responsible for the loss of specimens if specimens were never confirmed to be received by Supplier.

Unless otherwise required by applicable laws, the Supplier will store Customer specimens after Services have been fulfilled for an indeterminate amount of time. If the patient has consented to Supplier using their DNA for research purposes in the Informed Consent, the Supplier may store the samples for a longer period of time for these purposes as well.

The Supplier’s combined total liability to the Customer in respect to any losses arising out of or under this Agreement shall never exceed the sum billed to or paid by Customer for the Services in question. Customer agrees that the Supplier shall not be liable for any direct, indirect or consequential damages arising out of or under this Agreement and any such claims against the Supplier must be filed within 6 months of the Date of Delivery, otherwise it will be deemed expired.  Though the Supplier takes measures to ensure the utmost accuracy of the information it provides through its Services, the Customer understands the limitations of genetic testing and that the accuracy of such tests is less than 100%. This clause shall survive the termination of this Agreement.

The Supplier may opt to subcontract some of its obligations in the fulfillment of Services under this Agreement and will assume liability for the work performed by any subcontractors. In the event that Supplier’s subcontractor suffers a force majeure event, Supplier will make reasonable efforts to find an alternate provider, but will be relieved of any liability arising thereof.

If any provision herein is deemed invalid or unenforceable in any court of law in any jurisdiction, the remaining provision herein shall be severable and enforceable in any other jurisdiction. Neither party may assign this Agreement or any of their rights or obligations under this Agreement without the prior written consent of the other party.

The terms and conditions herein shall be governed by the laws of the State of Oregon. The courts of Oregon shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of or in connection with these General Terms and Conditions and all Services offered and performed by Supplier.

This Agreement constitutes the entire agreement between the contracting parties concerning the subject matter hereof and supersedes prior agreements, discussions, representations, warranties and covenants. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this Agreement. Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties.