By ordering any of Qure’s services you agree to be bound by these Ts & Cs.
Total Impact Assessments (Pty) Ltd t/a Qure ("Qure") is a company registered in the Republic of South Africa, registration number 2004/017318/07, that operates a cannabis analytical service laboratory at 50 Bath Street, Montagu 6720, Western Cape.
Qure’s VAT registration number is 414 022 6426.
Terms and Conditions
1. Your Order
1.1. By placing an order with us, you (the client) warrant that:
1.1.1. You are legally capable of entering into binding contracts;
1.1.2. You are at least 18 years old; and
1.1.3. If applicable, you are authorised to place orders on behalf of your company.
1.2. Your sample/s remain/s your property until it is / they are destroyed by our testing. If a portion of a sample is not used in the testing, it will be kept for 4 (four) weeks to accommodate the need for a retest, where after it will be destroyed.
1.3. Qure is not responsible for any damage to your sample/s en route to the laboratory.
2. Our Analytical Services
2.1. On receipt of your payment; your sample/s; and your completed sample submission form/s; your sample and the tests you have requested will be evaluated.
2.2. Subject to clause 2.3 below, we agree to provide the analysis as requested.
2.3. Qure reserves the right to refuse to accept any sample(s) for analysis and you will be notified of any such decision.
2.4. Samples are generally analysed on a “first come first served” basis. We aim to complete the analyses within 5 (five) days from receipt of sample although this may be affected by other factors including instrument availability, type of analyses requested, etc.
2.5. Requests for urgent analysis will be considered and may be subject to a surcharge. This will be discussed with you before we start the analysis.
2.6. The analysis will only relate to the sample as received and not from any bulk from which the sample may have been taken.
2.7. Upon request we will be prepared to discuss the facts contained in the analytical report – we can give an interpretation without making assumptions and up to as far as the science allows with each sample. This may be subject to a surcharge.
2.8. Qure may use sub-contractors if it becomes necessary. If we do, this will be discussed with you prior to the acceptance of the contract.
3. Health and Safety
3.1. You must inform us of any hazard relating to samples submitted for analysis.
3.2. We will hold you responsible for any injury or illness that results from the handling of materials that are not labelled clearly as being of a hazardous nature.
4. Our Liability
4.1. Our liability to you whether arising in contract, negligence, breach of statutory duty or otherwise shall not exceed the price paid for the analysis.
4.2. We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by negligence, breach of contract or otherwise, even if foreseeable.
5. Price and Payment
5.1. The price for the analysis shall be as per the rates on the Qure website or otherwise agreed between you and us and shall be subject to VAT at the prevailing rate.
5.2. Unless otherwise agreed, payment must be received before the analysis will be performed.
6. Events Outside Our Control
6.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
6.2. Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes unexpected events, whether man-made or natural disasters. It also includes the acts, decrees, legislation, regulations or restrictions of the government of the Republic of South Africa.
7.1. If, at any time during the term of a Contract, we do not insist upon strict performance of any of your obligations under the Contract or any of these Ts & Cs, or if we do not exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
7.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
8.1. If any of these Ts & Cs or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9. Entire Agreement
9.1. These Ts & Cs and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
9.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Ts & Cs.
9.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Ts & Cs.
10. Our Right to Vary These Terms and Conditions
10.1. We have the right to revise and amend these Ts & Cs from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
10.2 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these Ts & Cs is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if we notify you of the change to those policies or these Ts & Cs before we send you the analytical report (in which case we have the right to assume that you have accepted the change to the Ts & Cs, unless you notify us to the contrary within 7 (seven) working days of receipt by you of the analytical report).
11. Law and Jurisdiction
11.1 These Ts & Cs shall be governed by and construed in accordance with the laws of the Republic of South Africa. You hereby consent to the jurisdiction of the Magistrate’s Court.