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Research Performance Policy

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„EUROFINS LABTARNA LITHUANIA“, UAB
POLICY FOR CONDUCTING RESEARCH
Approved by director's order No. P23/03-09 of 2023-03-09 . Current version from 2023 March 17

1. General provisions

1.1. The Research Conduct Policy of "Eurofins Labtarna Lietuva", UAB (hereinafter referred to as the "Policy") establishes and consolidates the rules and requirements for the internal procedure of "Eurofins Labtarna Lietuva", UAB (hereinafter referred to as the Laboratory) and the Laboratory's organizational measures, which are intended to determine the conditions and procedure of the tests performed by the Laboratory.
1.2. The Laboratory's Policy applies to all of the Laboratory's contracts with the Customer (hereinafter referred to as the "Customer"), irrespective of the manner in which the contract has been concluded (either by the Customer submitting a written request to carry out the tests, or by the Customer forming an order in the LIMS system).
1.3.Both the Laboratory's employees and representatives acting on the basis of authorized powers, as well as any third parties who have concluded contracts with the Laboratory for the performance of Research, must be guided by the Laboratory's Policy and comply with the conditions established therein.

2.Concepts

2.1.Policy – ​​is the research performance policy approved by „Eurofins Labtarna Lietuva“, UAB.
2.2.Laboratory - "Eurofins Labtarna Lietuva", UAB, legal entity code 123647492, a company established and operating in accordance with the laws of the Republic of Lithuania, whose main economic and commercial activity is conducting various types of research.
2.3.Customer - a legal entity established in any legal form, which concludes a contract with the Laboratory for the performance of research or which submits a request to accept samples and conduct research.
2.4. Parties – Laboratory and Customer.
2.5.Subcontractor - a third party to which the Laboratory has the right to apply for the purchase of  conducting research services.
2.6.Contract - a written agreement between the Laboratory and the Customer, in any form discussed in this Policy, for conducting research and their components, i.e., the policy, the commercial proposal, the sample reception sheet, the sample collection-transportation sheet, the client card, the research protocol, and any other documents considered to be an integral part of the contract.
2.7.Commercial proposal - Laboratory's proposal for conducting research, which specifies the essential conditions for conducting research: specific research, price of research and measures for sale, deadlines for conducting research, etc.
2.8.Sample reception sheet - a written request submitted by the Customer to the Laboratory to carry out research.
2.9.Sample collection and transportation sheet - a document prepared by the Laboratory, completed by the Laboratory and signed by the Parties when, at the Customer's request, the Laboratory personally collects and transports samples for research.
2.10.Client card - a document to be signed together with the Contract, in which the Parties shall specify the full and correct details, the persons responsible for the execution of the Contract and their contact details. In the event of any change in the details or representatives and their contact details set out in the client card, a Party shall immediately inform the other Party of the change in the details set out in the client card. A Party that breaches its obligation to inform the other Party immediately of changes in its data shall not be entitled to rely on the fact that it did not receive certain data and/or information in accordance with the Contract, or that the information has been provided to a person whose authority has expired, or to claim damages for any loss or damage resulting from the untimely provision/non-provision of information.
2.11.Research - any research, including but not limited to chemical, physical, microbiological and other research, which the Laboratory has the right to perform and performs, including the collection and transportation of samples for research (if the Parties have separately agreed on this), the conducting of which has been agreed by the Parties and concluded the Contract, or which the Customer requested to be conducted by submitting a completed sample reception sheet.
2.12.Samples - samples of the relevant materials provided by the Customer in accordance with the procedures and under the conditions laid down by the Laboratory, which are used for research.
2.13.Analysis report - research report in the form approved by the Laboratory, which contains the result of the research of a specific sample.
2.14.LIMS is a laboratory information system accessible online.
2.15.All terms used in the Policy may be used in both singular and plural forms.

3.The procedure for conducting research

3.1.Contract formation. Essential terms of the Contract.
3.1.1.The Contract is considered concluded when the Laboratory submits a commercial proposal and the Parties sign the Contract.
3.1.2.The Contract is also considered concluded when the Customer submits samples and a completed sample reception sheet to the Laboratory. The Laboratory has the right to refuse to accept samples if the Customer does not submit a completed sample reception sheet, or submits samples that the Laboratory does not have the ability to research or determine the specified analytes.
3.1.3.The Contract is considered to be concluded , regardless of the form in which it was signed, -  whether the Contract is signed in person by representatives of the Parties or by exchanging the text of the Contract by means of electronic communication.
3.1.4.The essential terms of the contract are the research agreed upon by the Parties, which the Laboratory undertakes to perform, deadlines for conducting research, the price of the research, the settlement procedure and the responsibilities of the Parties. Violation of any of the essential terms of the Contract is the basis for the other Party to terminate the Contract and apply the sanctions provided for in the Contract and this Policy.
3.1.5.In the event that the Contract is considered to have been concluded from the date of submission of the completed sample reception sheet to the Laboratory by the Customer, the relations between the Parties shall be subject to the terms of this Policy to the extent that the Parties have not agreed otherwise in the request to accept samples and conduct Research.
3.1.6.The laboratory staff must ensure that the Samples will not be registered until the Customer has submitted a correctly completed sample reception sheet or created an order in the LIMS system. If the Customer with the samples does not submit the sample reception sheet or does not create an order in the LIMS system, the research are not started and the samples are destroyed after 24 hours after they have been collected.
3.1.7.The price of the research is indicated in the commercial offer, in the advance invoice issued by the Laboratory. The price in the commercial offer is stated without value added tax (VAT). Researches begin after the advance invoice is paid.
3.1.8.The research prices specified in the commercial proposal supersede all previous oral or written price proposals (except those specified in public procurement contracts).
3.1.9.The price of the research may be subject to change upon prior notification by the Laboratory to the Customer. The Laboratory notifies the Customer about the change in the price of the research by e-mail 30 (thirty) calendar days before the date of entry into force of the new price of the research. Researches for which samples were submitted before the date of entry into force of the new test price shall be subject to the old research price. The customer, having received a notification about the changing price of the research, disagreeing with the new price of the research set by the Laboratory, has the right to refuse to continue the research and to inform the Laboratory about the termination of the Contract by e-mail or registered letter no later than the date of entry into force of the new price of the research.  If the Customer does not inform the Laboratory about the termination of the Contract, it is considered that the Customer has agreed to the new price of the research determined by the Laboratory.
3.1.10.If the Customer concluded a contract with the Laboratory in accordance with the Law on Public Procurement of the Republic of Lithuania, the price of research specified in the commercial offer is valid for the entire term of the Agreement and cannot be changed by a unilateral notice from the Laboratory, except for the cases provided for in the Law on Public Procurement of the Republic of Lithuania, when the price of research can be changed.
3.1.11.Changes in the price of research are not considered cases when the price of research changes due to a change in value added tax (VAT) in the Republic of Lithuania.
3.1.12.Customer has not been presented with a commercial offer with a special price, the Customer shall be subject to the standard price of the research approved by the Laboratory, which is indicated in the preliminary invoice issued by the Laboratory to the Customer. Before accepting samples, the Laboratory must inform the Customer about the Laboratory's standard price for research. If the Customer did not inform the Laboratory before the transfer of the samples that he does not agree with the price of the research, it is considered that the Customer agrees that the researches should be performed for the price indicated by the Laboratory.
3.1.13.The price of the research does not include additional work, for which the Customer must additionally pay the Laboratory:
3.1.13.1.Conducting a different researches than was specified in the sample collection and transportation sheet or the sample reception sheet, when the Customer sets additional requirements for conducting the research;
3.1.13.2.Collection and transportation of samples from the Customer;
3.1.13.3.The storage of samples;
3.1.13.4.Returning samples to the Customer, if the Customer indicated in the sample collection and transportation sheet or the sample reception sheet that he wishes the samples to be returned to the Customer by mail or through persons providing logistics services after the completion of the research;
3.1.13.5.The customer requests to repeat the reception on the previously submitted sample;
3.1.13.6. If there is a dispute between the Parties regarding the results of the research, if the Laboratory sends the samples to another laboratory and the latter, after repeated research, confirms that the Laboratory's researches are correct. The client undertakes to pay for the researches performed in the Laboratory and subcontractors' laboratory.
3.1.14.The Customer must pay for additional work performed by the Laboratory (point 3.1.13) in the same manner and terms as for the performance of research.
3.1.15.The Laboratory has the right to increase the price of the research if, at the time of submission of the commercial offer or sample reception sheet, the Laboratory was not provided with information about the specific characteristics of the samples, which lead to the complexity of the research and additional costs for the Laboratory. If it becomes clear that it is necessary to increase the price of the research due to the provision of incomplete information by the Customer, the Laboratory, no later than within 48 (forty-eight) hours of becoming aware of it, informs the Customer by e-mail about the need to increase the price of the research. The customer, not agreeing to the increased price of the research, has the right to refuse to carry out the research and to compensate the Laboratory for the losses incurred due to the refusal of the research, no later than within 48 (forty-eight) hours from the date of sending the Laboratory's notification. Under the conditions specified in this point, the Customer must pay the increased cost of the research if perishable samples were submitted to the Laboratory (samples in which research due to their properties must be carried out immediately, because if researches are not carried out immediately, the characteristics of the samples will change and the tests will not be correct), without complying with the Laboratory's prior notification of an increase in the price of research and the Customer's prior consent to the increased price of research.
3.1.16.The deadlines for conducting research are specified in the commercial offer. If the Customer sends the sample by registered mail or through other persons providing logistics services, the start of the Laboratory research is considered the next working day after the day of delivery of the samples to the Laboratory.
3.1.17.The deadlines for carrying out researches are extended if:
3.1.17.1.The customer submitted the wrong sample (insufficient amount of material, material in the wrong container or packaging, material delivered at the wrong temperature). In this case, the start of the research is calculated from the date of submission of a new suitable sample and accompanying documents to the Laboratory;
3.1.17.2.The Customer has provided inaccurate or unclear information regarding the performance of the research (the Laboratory has doubts about the performance of the specific research indicated by the Customer). In this case, the beginning of the research is considered to be the day when the Customer provides the Laboratory with all the information necessary for the research;
3.1.17.3.The customer changed (set additional) requirements for the performance of the research or supplemented the order with additional researches after the sample was transferred to the Laboratory;
3.1.17.4.All or part of the researches are carried out by the Laboratory with the help of Subcontractors, and the deadlines for the last tests are longer than the Parties have agreed or specified in this Policy;
3.1.18.The researches are considered completed when the Laboratory submits the analysis report to the Customer;
3.1.19.The customer must pay for the research performed with the Laboratory within the terms specified in the Contract. If the Parties have not signed the Contract, the Laboratory will start conducting research only after the Customer has paid for the research according to the advance invoice issued by the Laboratory. If the Laboratory has to perform research on perishable samples, the Customer must pay for the performed research within 24 hours at the latest. from the issuance of the advance invoice. If payment is not received within 24 hours, the order with this kind of sample is cancelled;
3.1.20.The Laboratory issues an invoice for the performed research and sends it to the Customer by e-mail specified in the Contract or on the customer's card;
3.1.21.The Laboratory will consider that the Customer has settled with the Laboratory when the funds have entered the Laboratory's bank account or a copy of the bank order has been submitted;
3.1.22.If the Customer violates the terms of settlement with the Laboratory specified in the Contract or this Policy, the Laboratory has the right to demand, and the Customer must pay the Laboratory late payment interest in the amount specified in the Contract for each day of late settlement of the unpaid debt amount;
3.2.Transfer and return of samples to the Customer:
3.2.1.The Laboratory accepts samples on working days, set during the Laboratory's working hours;
3.2.2.The customer must provide the Laboratory with samples of the specified required quantity, in the appropriate package (container) and at the appropriate temperature. Quantities must be agreed with the Laboratory prior to sample delivery;
3.2.3.The customer must notify the Laboratory in advance if toxic, explosive, flammable, radioactive or other potentially dangerous materials are delivered for research;
3.2.4.The Laboratory has the right to give mandatory instructions to the Customer regarding the quantity, quality, packaging (container) of the samples, and other issues related to the collection, transfer, and testing of the samples, both verbally and in writing;
3.2.5.At the Customer's request, the Laboratory can take samples at the Customer's designated location in the presence of the Customer's representative. When the samples are taken by the Laboratory driver-laboratory technician (water sampling, taking surface samples), the Sample collection and transportation sheet is signed.
3.2.6.The Laboratory has the right to refuse to accept samples if:
3.2.6.1.The samples provided are in insufficient quantity, in the wrong package (container) and at the wrong temperature, delivered in wrong transport conditions;
3.2.6.2.Documents accompanying the samples specified by the Laboratory are not submitted together with the samples or the order is not created in the LIMS system (when the samples are registered by the Customer's representatives);
3.2.6.3.The customer did not comply with the mandatory instructions of the Laboratory regarding the collection or transfer of samples;
3.2.6.4.Toxic, explosive, flammable, radioactive or other substances with potentially dangerous properties were transferred for testing;
3.2.7.The sample reception sheet must be clearly filled in, indicating the details of the company, contact persons and all other requested information about the sample and researches. In the case of additional needs or comments related to the performance of research or the presentation of results, all additional information must be specified in the comments-notes field in the sample reception sheet (in the corresponding place when filling the order in the LIMS system).
3.2.8.After the Customer indicates that the samples must be returned to the Customer after the research have been performed, the Laboratory informs the Customer by e-mail about the collection of the sample. The laboratory stores the samples for no longer than 30 (thirty) calendar days from the date of submission of the analysis report. If the customer does not collect the samples within the term specified in this point, the Laboratory destroys the samples. Perishable samples are stored until the end of the research.
3.3.Conducting and transmitting research:
3.3.1.The customer has the right to refuse the research or part of it, to change the order for the performance of the research or part of it, no later than within 24 (twenty-four) hours from the moment of the request form to conduct research, the submission of the sample reception sheet to the Laboratory or the creation of the order in the LIMS system;
3.3.2.If the Customer refuses the research or its part, the Customer must compensate the Laboratory for all the expenses incurred for the performance of the research, which the Laboratory incurred up to the moment of receiving the Customer's refusal;
3.3.3.If the Customer does not submit sample reception sheet with the samples, the researches are not started and the samples are destroyed 24 hours after their delivery to the Laboratory;
3.3.4.The Laboratory conducts research in accordance with international, national standards or methods developed or modified in the Laboratory. It is possible to deviate from the methods of the Laboratory as a whole, only when such deviations are documented, technically justified, and confirmed in internal documents.
3.3.5.If the Customer does not indicate the research method to be used in the sample reception sheet or indicates an inappropriate one, the Laboratory chooses the most suitable method.
3.3.6.The Laboratory has the right to perform researches directly or to hire Subcontractors to perform researches or part of them. The laboratory, which has used the service of Subcontractors to carry out researches, is responsible for the correctness of the results of the researches performed by these Subcontractors before the Customer, except when the Customer specifies its own Subcontractor.
3.3.7.The results of the research are formalized in the analysis report approved by the Laboratory.
3.3.8.The Laboratory has the right to present the research results in parts, when different researches are performed on one or several samples provided by the Customer, the results of which are obtained at different time intervals;
3.3.9.Regarding the clarification or change of information in the analysis report, the Customer can apply within 14 calendar days from the receipt of the analysis report;
3.3.10.The analysis report is subject to correction:
3.3.10.1.When laboratory staff or the Customer discovers an error or inaccuracy in the analysis report after it has been sent. In this case, the analysis report can be changed even after a period longer than 14 calendar days provided for in p. 3.3.9;
3.3.10.2.When the Customer requests to perform additional research on the same sample or supplement information about the sample;
3.3.10.3.When the Customer requests to change information that does not match the information provided in the order (due to production date, batch number, etc.). It is possible to change the analysis report only at the written request of the Customer, after evaluating the evidence of validity.
3.3.10.4.Changes to analysis report may be charged in all cases other than those referred to in points 3.3.10.1 to 3.3.10.3.
3.3.11.The analysis report is sent to the Customer only by e-mail, which is specified in the Sample reception sheet.

4. Claims

4.1.The Customer has the right to submit a claim to the Laboratory by e-mail or registered letter regarding the quality of the researches no later than within 14 calendar days from the date of receiving the research results.
4.2.The laboratory only performs tests on the sample provided by the Customer and is only responsible for the test results of the tested sample. The Laboratory is not responsible for that part of the sample that was not submitted to the Laboratory for researches.
4.3.Research results mean exclusively the sample to be analyzed research results obtained during the research.
4.4.The laboratory, at its own expense and at its own expense, eliminates research deficiencies if:
4.4.1.While conducting the research the Laboratory violated the requirements specified by the Customer regarding the conduct of the tests;
4.4.2.While conducting the research, the Laboratory violated the methods of conducting the research or conducted the research without complying with the standards of conducting the research.
4.5.Research deficiencies do not include situations where research are carried out after it has been made clear to the Customer that a deviation (e.g. damaged packaging, improper sampling, improper storage and transport conditions, etc.) may affect the results, and if the Customer still wishes to have the sample tested, a statement of limitation of liability is written in the notes of the  analysis report.
4.6.In the event of a dispute regarding the results of the research performed by the Laboratory, if the Customer submits a claim by e-mail or registered letter,  the Laboratory examines the claim according to the approved procedure. If the sample submitted by the Customer for research is not destroyed, the Laboratory shall either retest the sample or submit the sample to an independent laboratory for retesting at its own force and expense.
4.7.If the Laboratory's research results are incorrect, the Laboratory must correct the research results and submit the correct analysis report no later than within 3 working days from the date of receipt of repeated or independent research. In this case, the customer does not pay any additional fees for additional independent research ordered by the Laboratory.
4.8.If the independent laboratory confirms that the results of the Laboratory's research are correct, the Customer must pay the costs incurred by the Laboratory for the performance of additional independent research.
4.9.If the incorrect results of the research carried out by the Laboratory caused damage to the Customer or third parties, the Laboratory will compensate the damage, which is not higher than the price paid by the Customer to the Laboratory for the research carried out, provided that the Customer proves that the research results were incorrect exclusively due to the fault of the Laboratory.
4.10.The Customer does not have the right to refuse to pay the Laboratory for the research performed or to withhold payments if the Customer makes claims regarding the results of the research.
4.11.If the Customer withholds payments due to the claims made to the Laboratory regarding the results of the research, the Laboratory will consider that the Customer has violated an essential condition of the Contract and will terminate the Contract with the Customer, as well as demand the forfeitures as set out in the Contract or in this Policy.

5.Rights, duties and responsibilities of the Customer

5.1.The customer must cooperate with the Laboratory and provide all the information requested by the Laboratory related to the research.
5.2.The Customer must ensure that it complies with the same confidentiality obligation as the Laboratory maintains towards the Customer.
5.3.All copyrights to the conducted research and research results belong to the Laboratory. The customer is responsible for the violation of the Laboratory's copyrights in accordance with the procedure established by the regulatory legislation of the Republic of Lithuania.
5.4.The customer does not have the right to use the results of research performed by the Laboratory for materials whose samples were not submitted to the Laboratory and the Laboratory did not perform research.
5.5.The customer does not have the right to use the result presented in the analysis report of a certain part of the research. The customer has the right to copy only the entire Laboratory analysis report in such a way that the copy reflects the result of the entire research.
5.6.The Customer must compensate the damage suffered by the Laboratory if the Customer violated the Laboratory's instructions regarding the sample collection, packaging (container), transfer of samples, including cases where toxic, explosive, flammable, radioactive or other potentially dangerous materials were delivered in violation of the procedure set forth in this Policy material and as a result caused damage to the Laboratory or third parties.
5.7.The Customer must compensate the damage suffered by the Laboratory due to the Customer's improper performance of the Contract.
5.8.Disputes between the parties are resolved through mutual negotiations. If the parties do not reach an agreement within 20 (twenty) calendar days, the disputes shall be referred to the court of the Republic of Lithuania in accordance with the procedure provided by the laws of the Republic of Lithuania.

6. Confidentiality

6.1.The Laboratory undertakes to ensure the confidentiality of the Contract concluded with the Customer, the research performed, and their results.
6.2.The laboratory has the right to use the results of the performed research, to disclose them to third parties, only ensuring the anonymity of the Customer. The anonymity of the Customer means that the Laboratory will not disclose information about the Customer to third parties. Third parties will only have the right to receive information about the research carried out by the Laboratory, it’s part or the result, without specifying on whose order and for whose benefit the research was carried out, who provided the samples or any other information that would enable third parties to identify the Customer.
6.3.The Laboratory will not comply with the confidentiality obligation:
6.3.1.When the Customer has given consent to disclose confidential information;
6.3.2.When the information is public or has become publicly available not due to the actions of the Laboratory;
6.3.3.When the legal normative acts of the Republic of Lithuania oblige to disclose information to public authorities and institutions, officials exercising legitimate public authority functions or requirements.

7. Final provisions

7.1.This Policy comes into force for the Laboratory from the date of the director's order approving this Policy.
7.2.This Policy is valid and applicable to the Customer from the date of submission of the request to accept samples and perform research, if the Contract is not signed, or from the date of signing the Contract with the Laboratory.
7.3. The Laboratory has the right to change this Policy. The amended Policy shall enter into force for the Customer from the day of the Policy's public announcement on the Laboratory's website  https://www.eurofins.lt/u%C5%BEsakymodokumentai/ .