Terms & Conditions | Eurofins Food Integrity & Innovation

All testing or consulting services provided by one of the contracting entities of the Eurofins Food Integrity & Innovation business group are subject to these Terms and Conditions unless otherwise agreed in writing.

The Eurofins Food Integrity & Innovation business group legal entities are: Eurofins Food Chemistry Testing US, Inc.; Eurofins Botanical Testing US, Inc.; Eurofins Sensory, Consumer Research and Product Design US, Inc.; Eurofins Sensory, Consumer Research and Product Design UK Holding Limited; Eurofins Food Chemistry Testing UK Limited; Eurofins Food Testing Singapore, Limited; and Eurofins Microbiology Laboratories, Inc. Each contracting legal entity shall be referred to individually as “Eurofins” in this Agreement (defined below). Eurofins provides services related to food, dietary supplement and infant formula testing or consultancy services (“Services”). You are a customer (“Customer”) who requested said services. Unless otherwise agreed in writing, this contract determines the terms and conditions upon which the Customer agrees to be bound to use the Services of Eurofins. Eurofins reserves the right to revise and update these terms and conditions. All such changes take effect once they have been notified to the Customer. Notwithstanding anything herein to the contrary, to the extent the parties have entered into a master services agreement, the terms of such master services agreement shall supersede these terms and conditions.

1. Agreement

  • 1.1 These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) constitute the entire agreement between Eurofins and the Customer and apply (subject to above) to all Services provided by Eurofins unless otherwise agreed in writing. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Eurofins which is not set out in these Terms and Conditions.
  • 1.2 The placing of an order for sample testing and/or consultancy services with Eurofins shall constitute an offer by the Customer to purchase such services in accordance with these Terms and Conditions, which shall only be deemed to be accepted when Eurofins receives such order.

2. FOOD AND DIETARY SUPPLEMENT TESTING & CONSULTING

  • 2.1 Eurofins provides services related to food and dietary supplement testing and/or consulting services. If the Customer requires testing of any materials or samples for pharmaceutical purposes, it must notify Eurofins in writing and agree to separate testing standards that shall apply.
  • 2.2 Other than separate testing standards for materials or samples to be used for pharmaceutical purposes, all other terms and conditions herein shall apply to the Services provided by Eurofins in accordance with Section 1. The results of any analysis performed by Eurofins relate only to the actual sample that was submitted to Eurofins.

3. PRICE AND PAYMENT

  • 3.1 The price for the Services does not include any local, state, federal or foreign sales or use taxes, excise taxes, goods and services tax, value added tax, country-specific business or professional services tax or similar tax on international services or foreign entities providing services, consumption taxes or shipping charges. Customer shall assume and shall be solely responsible for any such taxes.
  • 3.2 Taxes imposed on Eurofins’s income shall remain the responsibility of Eurofins.
  • 3.3 Invoices are due and payable in full within thirty (30) days from date of invoice. Late payments may be subject to late payment fees.
  • 3.4 The Customer shall pay all amounts due to Eurofins in connection with the performance of the Services in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Eurofins may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Eurofins to the Customer.
  • 3.5 For consulting services, an invoice for a fifty percent (50%) deposit will be issued once a signed copy of the proposal or agreement and a purchase order (if required) arfins. The remaining consuliated diree invoiced upon project completion.

4. CONDITIONS OF SALE

  • 4.1 The Customer, for purposes of all transactions, shall be the party who pays Eurofins for the Services even if, at the request of Customer, the study reports or other information is provided to a third party.
  • 4.2 These Terms and Conditions shall apply to all aspects of the Services and are the only terms and conditions upon which Eurofins will perform the Services for the Customer to the entire exclusion of all other terms or conditions. No terms or conditions endorsed upon, delivered with or contained in any other documentation or implied by law, trade, custom, practice or course of dealing shall form part of any contract relating to the Services and the Customer waives any right that the Customer might otherwise have to rely on such terms or conditions. Any terms and conditions that are inconsistent with or supplemental to these Terms and Conditions are expressly rejected unless otherwise expressly agreed in writing by Eurofins.
  • 4.3 No modification of these Terms and Conditions shall be binding or enforceable unless expressly agreed in writing by Eurofins.

5. SERVICE TERMS

  • 5.1 Eurofins warrants that the Services will be provided using reasonable care and skill and that it shall use commercially reasonable efforts in accordance with industry standards to provide the necessary facilities, supplies and staff to perform the Services. The foregoing constitutes Eurofins's sole warranty and any other express or implied warranties are excluded to the fullest extent permitted by law, including that any results or report will meet the approval of a regulatory agency. Eurofins is not responsible to the Customer for any repeat testing that does not meet regulatory approval.
  • 5.2 The Customer shall provide Eurofins with sufficient amounts of all samples to be tested (the “Samples”) together with all other information necessary for Eurofins to perform the Services including such relevant data relating to the storage and safety requirements of the Samples. The Customer shall provide the Samples and information to Eurofins two (2) weeks before the agreed Services start date. If the Customer is unable to supply the Samples and/or information by such time, Eurofins may reallocate resources and shall not be obligated to perform the Services within the agreed Service start or completion dates.
  • 5.3 Except as otherwise directed by the Customer, Eurofins shall retain all Results (“Results” meaning: (i) all materials, data, documents and information produced or developed by Eurofins specifically as a result of the Services and related to the Samples and/or the Customer information; and (ii) the study records, if applicable) relating to the Services during the term of the Services. Upon completion or earlier termination of the Services or earlier if requested by the Customer, the Results for the applicable Services shall be delivered to the Customer. Eurofins shall not be required to return ancillary documents related to the Results (including invoices and other similar records). Notwithstanding the foregoing, Eurofins shall be permitted to retain archival copies of such records if and to the extent that such Results are required to be stored or maintained by Eurofins pursuant to regulatory requirements or other requirements.

6. SAMPLES

  • 6.1 Any Samples submitted to Eurofins for analysis shall be retained for a minimum period of thirty (30) days after the report of analysis is issued. The Customer may request that Eurofins retain the Samples for a longer period at an additional cost. Any extended storage requirements of the Samples shall be brought to the attention of Eurofins before or at the time the Samples are received by Eurofins. Eurofins, at its discretion, may charge for such extended storage and will send the details of such charges to the Customer upon request.
  • 6.1 Analytical method summaries can be supplied to Customer upon request. Detailed copies of any in-house laboratory procedures may be reviewed by Customer or its agent during a site visit, but may not be copied or used without the consent of Eurofins. Analyses conducted by Eurofins on Samples for non-pharmaceutical purposes shall be performed in compliance with applicable regulations for Food, Dietary Supplements, and Infant Formula.
  • 6.2 Data and Certificates of Analysis (“CoA”) for non-pharmaceutical sample analysis will be maintained by Eurofins for a minimum period of five (5) years from the date of testing.
  • 6.3 Any analysis conducted by Eurofins on Samples for pharmaceutical purposes or for the purposes of supporting work under regulations other than those governing food, dietary supplements, or infant formula shall be subject to separate regulatory standards to be agreed by Eurofins and Customer. Eurofins does not represent or warrant that its analytical methods have been validated for the Customer’s specific matrix unless such method validation is included in a separate contract with the Customer. The storage of data and reports for pharmaceutical-use Samples shall be agreed in advance by the parties in accordance with regulatory guidelines.

7. REPORT TERMS

  • 7.1 Any data analyses and reports will be prepared in Eurofins's standard format and in accordance with Eurofins's standard operating procedures, unless otherwise agreed in writing. The Customer shall notify Eurofins in writing before the commencement of any of the Services if there are any specific documentation requirements relating to the testing.
  • 7.2 Any CoAs issued by Eurofins shall report only those Samples tested for the Customer. Although Eurofins's standard testing process may determine the presence of additional (i.e., un-requested) compounds, the CoA will not include results of such additional compounds. Upon receipt of any CoA, the Customer may contact Eurofins if a complete listing of all compounds determined during testing is required. Such reporting may be at additional cost.
  • 7.3 The term "Less Than" or the symbol “<” is used to signify the lower limit of quantitation of the procedure under the conditions employed. The use of the term "Less Than"/< does not imply that no traces of analyte were present. The term "None Detected" is used to report assay results where detection limits have been established for the method, but acceptable residue levels have not been defined by the industry or by national law, or when the method does not define detection limits.

8. CONFIDENTIALITY

  • 8.1 Any report provided by Eurofins is submitted to Customer on a confidential basis. No reference to the work, the results or Eurofins, in any form of advertising, news release or other public announcements, may be made without prior written consent of Eurofins.
  • 8.2 Neither party will disclose the other party’s confidential or proprietary information or any information related to or associated with the Services to any third party, including but not limited to testing samples, methodology, procedures, visual data obtained during a visit, or research received from the other party, without such party’s written consent, unless such information (i) is already known to the receiving party, (ii) is or becomes publicly available through no fault of the receiving party, (iii) is received from a third party which has the legal right to disclose it to the receiving party, (iv) is required for the pursuit of regulatory approval of product connected to testing, or (v) is required to be disclosed by any process of law. If Eurofins is required by court order to provide testimony or records regarding any Customer test in any legal proceeding, Customer shall reimburse Eurofins its out-of-pocket costs plus a reasonable hourly fee for its employees’ time in such proceeding.
  • 8.3 Customer representatives granted access to Eurofins's facilities for a laboratory visit may have access to Eurofins confidential and proprietary information, including, but not limited to Eurofins’s saloyees, products, services, apparatus, equipment, processes, formulae and marketanization, business or finances of Eurofins. All such Eurofins confidential and proprietary information obtained or observed by Customer during such visits shall remain the sole property of Eurofins. The Customer agrees to keep such information confidential and shall not use or disclose it to any third party without Eurofins's prior written consent.

9. LITIGATION SUPPORT SERVICES

  • 9.1 Before the commencement of the Services, the Customer shall notify Eurofins of any Services that are related to, or which may be used by the Customer for litigation support (“Litigation Support Services”). Upon notification for Litigation Support Services, Eurofins shall, in its reasonable sole discretion, decide if it is willing to perform such services.
  • 9.2 In the event that Eurofins decides to perform the Litigation Support Services, the Customer represents and warrants that any such Services shall not be used against other food, beverage, supplement, or other consumer product manufacturers, sellers or their agents. The Customer shall indemnify, defend and hold harmless Eurofins and its affiliates and their respective officers, directors, employees and agents (the “Eurofins Group”) from and against all losses, damages, costs and expenses (including reasonable legal fees) arising from any claim, demand, assessment, action, suit or other proceeding caused by a breach of this Section.
  • 9.3 If Eurofins is required to provide testimony or records regarding any of the Services provided hereunder, including Litigation Support Services, in any legal or administrative proceeding, for any reason other than improper performance by Eurofins, then the Customer shall reimburse Eurofins for its reasonable costs, including the cost for time spent preparing and providing such information.

10. TERMINATION

  • 10.1 Eurofins may terminate these Terms and Conditions by giving not less than fifteen (15) days' notice in writing to the Customer. Eurofins shall have no liability in connection with termination of these Terms and Conditions pursuant to this Section.
  • 10.2 Either party may terminate these Terms and Conditions immediately on notice in writing if the other party: (a) commits a material breach of its obligations under these Terms and Conditions and fails to remedy such breach within fourteen (14) calendar days of written notice from the non-breaching party requiring it to be remedied; (b) commits any act or omission which brings or is likely to bring the party or its business interests into disrepute or which damages or is likely to damage those interests; or © undergoes a change of control.
  • 10.3 Either party may terminate these Terms and Conditions immediately on notice in writing if: (a) a petition is filed, a notice is given, an order is made or a resolution is passed for the winding up of a party or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of a party; or (b) an order is made for the appointment of an administrator to manage the affairs, business and property of a party or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the party or notice of intention to appoint an administrator is given by the other party; or © a receiver is appointed over any of a party’s assets or undertakings or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of a party or if any other person takes possession of or sells a party’s assets; or (d) a party makes any arrangement or composition with all or any class of its creditors or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or (e) a party is unable to pay its debts when they fall due; or (f) a party ceases, or threatens to cease, to carry on business; or (g) any event analogous to the circumstances in the sub-sections above occurs in any relevant jurisdiction.

11. LIABILITY

  • 11.1 Nothing in these Terms and Conditions is intended to restrict or exclude the liability of either party that cannot be excluded or restricted as a matter of law.
  • 11.2 In the event of a material error by Eurofins: (i) in the performance of analysis which renders the CoA invalid or (ii) in the performance of any consulting services, Eurofins's sole obligation to Customer shall be for Eurofins, at the Customer’s option, to either: (a) repeat the defective part of the Services at Eurofins's own cost, or (b) refund or credit to the Customer the fees attributable to such default.
  • 11.3 In no event shall Eurofins’s liability in connection with any sale hereunder exceed the price paid by the Customer to Eurofins under these Terms and Conditions. Eurofins’s liability, regardless of the form of action, shall not exceed the foregoing limitation of liability, except in the case of a breach of confidentiality, intellectual property rights, or Eurofins’s indemnification obligations.
  • 11.4 Eurofins shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any: (a) loss of profit, revenue, business, savings and/or goodwill (whether direct or indirect); or (b) consequential, special, punitive, or exemplary damages, or any other loss of an indirect nature, arising under or in connection with these Terms and Conditions.
  • 11.5 Eurofins’s liability to Customer with respect to any materials Customer requests be shipped by a carrier and which have been subject to any loss, damage, delay or non-delivery/non-collection caused by such carrier shall be limited to the amount recovered by Eurofins from such carrier under any applicable national/international conventions, rules or agreements.

12. INDEMNIFICATION

  • 12.1 Eurofins shall indemnify Customer and its affiliates and their respective officers, directors and employees (“Customer Group”) from any loss, cost, damage or expense (including reasonable attorneys’ fees) resulting from any lawsuit, action, claim, demand or proceeding by a third party (“Claim”) to the extent arising from the negligence or intentional misconduct of Eurofins, except to the extent caused by Customer Group’s negligence or intentional misconduct.
  • 12.2 Customer shall indemnify the Eurofins Group from any Claim arising from (i) Eurofins’s execution and/or performance of its obligations under these Terms and Conditions, (ii) the harmful or otherwise unsafe effect of any Sample tested, (iii) Customer’s use of the Results or its use or marketing of any Sample tested by Eurofins, or (iv) the negligence or intentional misconduct of Customer Group, except to the extent caused by Eurofins’s negligence or intentional misconduct.

13. INTELLECTUAL PROPERTY RIGHTS

  • 13.1 All pre-existing intellectual property belonging to or licensed to a party or other intellectual property created outside the scope of the Services (“Background IP”) is and shall remain the exclusive property of the party owning it and except as expressly provided in these Terms and Conditions, no party shall acquire any rights in or to the Background IP of the other party.
  • 13.2 The Customer acknowledges that Eurofins owns or is licensed to use Eurofins Background IP. The parties agree that any improvement, enhancement or modification made, conceived or developed by Eurofins to any Eurofins Background IP in the performance of the Services which is not specific or related directly to any Samples to be tested or used in the performance of the Services as provided to Eurofins by the Customer or that are the subject of the Services, shall be deemed Eurofins Background IP and shall vest absolutely and exclusively in Eurofins. In addition, Eurofins shall be entitled to use and exploit any skills, techniques or know-how acquired, developed or used in the course of the Services and not related to the Samples. Strategic insight and proposed project design and scope provided in any quotation by EEurofins and may be used by the Customer only to assess whether it wishes to pursue such work with Eurofins.
  • 13.3 Without prejudict by Eurofins of payment in full of all amounts due and payable for the Services, the Customer shall have title to the Results and all intellectual property rights arising therefrom. Eurofins agrees to assign such rights to the Customer except that one (1) copy of any final report may be retained by Eurofins for regulatory or legal compliance purposes. Notwithstanding the foregoing, the Customer hereby grants Eurofins a non-exclusive, perpetual, irrevocable, royalty-free licence to aggregate and use any system data produced by or for Eurofins as part of the Services with other system data owned or licensed by Eurofins, provided that Eurofins shall not identify such data as belonging to the Customer.
  • 13.4 Eurofins shall disclose to the Customer (or its nominee) all patentable inventions or other registerable intellectual property rights discovered, conceived or made by Eurofins specifically as a result of performing the Services for the Customer and directly relating to the Samples and/or the Customer information (“Inventions”) and, except in relation to Eurofins Background IP and at the Customer’s request (provided such request is made within one (1) year of disclosure), Eurofins shall assign to the Customer or its nominee (as appropriate) the rights to such an Invention. At the Customer's request and expense, Eurofins shall do all reasonably necessary acts to vest the Invention in the name of the Customer or its nominee. Where an Invention relates to laboratory testing methods, or processes relevant to Eurofins's business, the Customer hereby agrees to grant to Eurofins and its affiliates a non-exclusive, non-transferable, irrevocable, perpetual, royalty-free, worldwide license to use the Invention for the purposes of laboratory services.

14. FORCE MAJEURE

  • 14.1 No party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions as appropriate, if such delay or failure results from any event beyond the reasonable control of a party (a “Force Majeure Event”). In such circumstances, any time specified for completion of performance of the Services falling due during or subsequent to the occurrence of a Force Majeure Event shall be automatically extended for a period of time equal to such event. Eurofins shall promptly notify the Customer if, by reason of a Force Majeure Event, Eurofins is unable to meet any critical timelines or critical deliverables.

15. GENERAL

  • 15.1 No Partnership or Agency. These Terms and Conditions are not intended to create or establish, nor shall be construed as creating or establishing, any agency, partnership or corporate relationship between the parties. Neither party is authorised to bind the other party, contractually or otherwise, nor provide any warranties or representations on behalf of the other party.
  • 15.2 Third Party Rights. Eurofins and Customer are the sole parties to these Terms and Conditions and nothing herein shall give rise to or be construed as creating any direct or beneficial right in or on behalf of any third party including the right to enforce any of the terms of these Terms and Conditions.
  • 15.3 Severability. If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this Section shall not affect the validity and enforceability of the rest of these Terms and Conditions.
  • 15.4 Assignment. Eurofins may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and Conditions and may subcontract or delegate in any manner any or all of its obligations under these Terms and Conditions to any third party or agent. The Customer shall not, without the prior written consent of Eurofins, 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 these Terms and Conditions.
  • 15.5 Amendments. No amendments or variations to these Terms and Conditions shall be made unless in writing and signed by the authorised signatories of both Eurofins and the Customer.
  • 15.6 Waiver. The failure of a party to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter unless the same be agreed in writing signed by Eurofins and the Customer.
  • 15.7 Notices. Any notice, consent, approval, agreement or other document required under these Terms and Conditions shall, in the absence of any express provision to the contrary, be:

    a. in writing in the English language and shall be deemed to have been duly given if left at or sent by hand or by registered post to a party at the registered company address of such party or such other address as one party may from time to time designate by written notice to the other; and

    b. deemed to have been received by the other party: (i) two (2) business days following the date of dispatch if the notice or other document is sent by registered post; (ii) seven (7) business days following the date of dispatch if the notice or other document is sent by registered airmail post; or (iii) simultaneously with the delivery if sent by hand.
  • 15.8 Non-Exclusivity. Nothing in this contract is intended or shall be construed to create an exclusive relationship between the Parties. This contract shall not restrict either party from providing or receiving similar or like services to or from others.

16. WHERE THE CONTRACTING ENTITY IS EUROFINS FOOD CHEMISTRY TESTING US, INC.; EUROFINS BOTANICAL TESTING US, INC.; EUROFINS SENSORY, CONSUMER RESEARCH AND PRODUCT DESIGN US, INC.; OR EUROFINS MICROBIOLOGY LABORATORIES, INC.

  • 16.1 This Section shall be deemed to be incorporated into these Terms and Conditions solely where the Customer purchases services from Eurofins Food Chemistry Testing US, Inc.; Eurofins Botanical Testing US, Inc.; Eurofins Sensory, Consumer Research and Product Design US, Inc.; or Eurofins Microbiology Laboratories, Inc., whose principal address is 3301 Kinsman Boulevard, Madison, Wisconsin 53704, USA.
  • 16.2 These Terms and Conditions and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in all respects in accordance with the laws of Delaware and the Delaware courts shall have exclusive jurisdiction in all matters relating to these Terms and Conditions.

17. WHERE THE CONTRACTING ENTITY IS EUROFINS SENSORY, CONSUMER RESEARCH AND PRODUCT DESIGN UK HOLDING LIMITED; OR EUROFINS FOOD CHEMISTRY TESTING UK

  • 17.1 This Section shall be deemed to be incorporated into these Terms and Conditions solely where the Customer purchases services from is Eurofins Sensory, Consumer Research and Product Design UK Holding Limited; or Eurofins Food Chemistry Testing UK, a company registered in England and Wales and whose registered office is at Otley Road, Harrogate, North Yorkshire, HG3 1PY, United Kingdom.
  • 17.2 The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from these Terms and Conditions.
  • 17.3 These Terms and Conditions and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in all respects in accordance with the laws of England and the English courts shall have exclusive jurisdiction in all matters relating to these Terms and Conditions.

18. WHERE THE CONTRACTING ENTITY IS EUROFINS FOOD TESTING SINGAPORE, LIMITED

  • 18.1 This Section shall be deemed to be incorporated into these Terms and Conditions solely where the Customer purvices from Eurofins Food Testing Singapore, Limited, a company registered in Singapore and whose registered office is at 1 International Business Park, #01-01, The Synergy, Singapore 609917.
  • 18.2 The Contracts (Rights of Ths) Act (Cap 53B) is expressly excluded from these Terms and Conditions.
  • 18.3 These Terms and Conditions and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in all respects in accordance with the laws of Singapore and the Singaporean courts shall have exclusive jurisdiction in all matters relating to these Terms and Conditions.

Shipping Disclaimer

  • Eurofins Food Integrity & Innovation’s (Eurofins) liability to Customer for loss, damage, delay or non-delivery/non-collection of any samples dispatched by Eurofins to Customer or to any third party in connection with the Services requested by Customer is strictly limited to such sums as are recoverable from the carriers under any applicable national/international conventions, rules or agreements.

SampleKinect® Terms of Use

  • This site is for the exclusive use of Eurofins Food Integrity & Innovation (Eurofins) SampleKinect® clients (including their authorized employee or representatives, "Users"). Any other attempted use is unauthorized and unlawful.
  • SampleKinect® is primarily a data viewing tool for Users. Based on these Terms of Use, SampleKinect® provides information print-outs and Certificates of Analysis ("CoA").
  • Eurofins has security procedures in place for the purpose of protecting the security of data available through SampleKinect®, both technical and operational measures, including restricted access to databases, the use of 128-bit Secure Socket Layer encryption to prevent unauthorized access to system data, and the reporting of unauthorized use to the Eurofins system security unit. Eurofins uses commercially reasonable efforts to maintain security procedures at least as secure as the foregoing procedures. However, Eurofins does not guarantee the security of the Internet (including that 128-bit encryption cannot be broken or de-encrypted) and, thus, Eurofins disclaims any liability as regards the security or confidentiality of data available through SampleKinect®, except for responsibility arising from a breach of the above representations. Eurofins encourages the use of passwords by our users on the devices they utilize to access SampleKinect® to further protect against inadvertent disclosure of data.
  • Access to SampleKinect® is restricted to Users who have been authorized. Users who have been authorized and granted passwords hereby agree to these Terms of Use and will not divulge such passwords or grant access to any unauthorized persons. By agreeing to these usage conditions, User agrees not to:
    a) Modify, copy or create derivative works based on SampleKinect®
    b) Reverse engineer, disassemble or decompile SampleKinect® in any manner
    c) Resell, sublicense, lease, or time-share SampleKinect®
    d) Publish the results of any benchmark tests run on SampleKinect®
    e) Use SampleKinect® to build a competitive product or service or for the purpose of copying its features or user interface.
  • Users will promptly notify Eurofins in the event their passwords are compromised in any way. Users agree to these terms of use and to be responsible for their breach of these terms.
  • Conditions regarding Updated CoAs.  Eurofins sends effective CoAs to clients based on client representative/contact information provided to Eurofins with the client’s sample. Users may also access and print a CoA from SampleKinect®.
  • After Eurofins issues an effective CoA from Eurofins's Laboratory Information Management System or a User obtains one from SampleKinect®, based on client later-provided information or Eurofins later-learned information, it may become necessary for Eurofins to generate an "Updated CoA". In such event, Eurofins will only send an Updated CoA to the client representative/contact supplied with the client's sample, and not to any other person who may have access to or obtained a CoA from the SampleKinect® system. By agreeing to these Terms of Use, User acknowledges and agrees that if an Updated CoA is generated by Eurofins, User will not be sent an Updated CoA unless he/she is the client representative indicated on client’s sample information. User acknowledges that it is User's responsibility to ensure any impacted User of client is notified as appropriate with respect to Updated CoAs.

SampleKinect® Privacy Policy

  • 21.1 At Eurofins Food Integrity & Innovation (“Eurofins”), we respect your privacy and are committed to protecting your personal information. We have created this Privacy Policy to let you know what information we may collect about you, why we collect this information and how we use the collected information.
  • We may periodically make changes to this Privacy Policy and the modified policy will be posted on our website (https://SampleKinect.Cvoance.com) and we advise you to revisit this Privacy Policy regularly.
  • Where it is required to do so, Eurofins is registered as a data controller under the data protection laws of each of the countries where it operates. Eurofins takes all reasonable care when dealing with personal information and we are committed to ensuring that the collecting and processing of data complies with the following Data Protection Principles:
  • Personal data must:
    a) Be fairly and lawfully processed.
    b) Be processed for specified and lawful purposes.
    c) Be adequate, relevant and not excessive.
    d) Be accurate and where necessary kept up to date.
    e) Not be kept longer than necessary.
    f) Be processed in accordance with the data subject's rights.
    g) Be secure.
    h) Not to be transferred to countries without adequate protection.

1. Information Collected.

  • By Personal Information we mean information which identifies or is capable of identifying an individual, including our clients, employees, and vendors. Personal Information may include, but is not limited to, first and last name, company information, and home or other physical address, email address, and phone number or other contact information.
  • You may be asked to provide Personal Information when you use our website, or otherwise work with Eurofins.
  • From time-to-time, we may request information from you via surveys. Participation in these surveys is completely voluntary, and, therefore, you have the choice of whether or not to disclose such information. Information requested may include contact information (such as name, correspondence address and telephone number), and demographic information (such as zip or postal code).

2. Means of Collecting & Processing Data.

  • We may automatically collect certain data and receive Personal Information about you where you provide such information through our website or other communications and interactions with Eurofins. We may also receive Personal Information from service providers that refer you to the SampleKinect® site, and from customer lists lawfully acquired from third party vendors.

3. Information Use.

  • We use the Personal Information we collect from you to carry out certain business requirements and for other purposes related to the operation of our services. Sometimes we may need to share your Personal Information with other Eurofins businesses and third parties. This may happen, for example, where it is necessary for the purposes of our own legitimate interests or for those of a third party.
  • Disclosure of information to the above mentioned recipients may involve disclosure outside the country in which you reside and/or European Economic Area. Eurofins endeavors to ensure, as far as we are able, that the third partyrotection for your privacy.
  • We will not sell or lease your Personal information except as set forth in this Privacy Policy.

4. Keeping information up to date.

  • We will only retain information about you which is necessary for purposes as described above and will take all reasonable steps to ensure trate. From time to time we may ask you to review and update the information in accordance with this policy. We will only hold this information for as long as it is appropriate to your relationship with Eurofins, or as long as it is necessary to comply with any legal obligation.

5. Access

  • You may contact us at Eurofins Food Integrity & Innovation, 3301 Kinsman Boulevard, Madison, Wisconsin, 53704 USA if you: 1) want to confirm the accuracy of the Personal Information we have collected about you; 2) would like to update your Personal Information or delete your Personal Information; and/or 3) have any complaint regarding our use of your Personal Information. If requested, we will change any information you have provided to us or mark any information to prohibit future use, provided that you provide evidence as we may reasonably require for such changes and sufficient information to enable us to locate your Personal Information.
  • If having seen the information, you find that it is inaccurate you can notify Eurofins who will make the necessary amendments and confirm to you that these have been made.
  • If in the event that you withdraw your consent for your Personal Information to be processed, no further data that includes your Personal Information will be collected or processed by Eurofins.

6. Security

  • Eurofins holds data securely in a form that does not directly contain Personal Information, and in addition Eurofins invests in the following forms of security:
    a) employees/workers who have access to the information are aware of their obligations when handling the data, in accordance with employee privacy and confidentiality policies;
    b) hard copies of the data are kept in a secure filing area with restricted access;
    c) a multi-tiered approach to computer security which works on the following levels:
    d) multiple levels of firewall and intrusion protection solutions from multiple vendors;
    e) a managed approach to network access;
    f) a structured approach to permission to network;
    g) regular testing to ensure integrity and security of network;
    h) printed material is disposed of securely, for example, by shredding; and
    i) information is only kept for limited and legitimate purposes and only until such time as it is no longer relevant to the business.

7. Cookies

  • Cookies are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences. We use cookies to track use of the SampleKinect® site. We also may use cookies to monitor traffic to the site, improve our service and make it easier and/or more relevant for your use. You have the ability to accept or decline cookies. Most online browsers automatically accept cookies, but if you prefer you can usually modify your browser setting to decline cookies.

8. International Transfers.

  • Personal Information collected by Eurofins may be stored and processed in any country in which we or our affiliates, suppliers, subsidiaries or agents maintain facilities, and by using the SampleKinect® website or otherwise engaging in business with us, you consent to any transfer of information outside of your country (including to countries which may not have been assessed as having adequate privacy laws). Nevertheless, we take steps to ensure that our affiliates, agents, subsidiaries and suppliers comply with our standards of privacy regardless of their location.

9. Merger

  • If we should ever file for bankruptcy or be acquired by a third party, merge with a third party, sell all or part of our assets, or otherwise transfer substantially all of our relevant assets to a third party, we are entitled to share the Personal Information and all other information you have provided to us through to potential and subsequent business and merger partners.