1. Introduction

  • These Terms and Conditions form an integral part of every contract, service request, quotation, sample receipt form, or other agreement between Hasanah Specialized Laboratories Company (the "Laboratory") and the client requesting the service (the "Client") in relation to sample receipt, sample collection where agreed, laboratory testing, analytical services, and the issuance of reports, results, certificates, or related technical statements.


2. Definitions

  • Sample: the material, product, unit, or portion submitted to the Laboratory, or collected on its behalf, for testing, examination, or analysis.
  • Batch/Lot: a quantity of product manufactured, packed, or prepared under substantially uniform conditions.
  • Report: any test report, statement of results, certificate, technical opinion, or related output issued by the Laboratory.
  • Sample Collection: the process of selecting, collecting, sealing, identifying, handling, and transporting a sample according to an approved procedure.
  • External / Subcontracted Testing: testing not performed within the Laboratory and assigned to an external competent entity under the Laboratory’s control procedures.


3. Scope of Application

  • These Terms and Conditions apply to all services provided by the Laboratory, including but not limited to sample receipt, acceptance or rejection, sample collection where specifically agreed, testing and analysis, reporting, storage and disposal of samples, subcontracted testing, and related quality and compliance services.


4. Regulatory and Technical Basis

  • The Laboratory performs its services, within the scope of its competence and accreditation where applicable, in accordance with ISO/IEC 17025 requirements, the applicable regulations and decisions of the Saudi Accreditation Center (SAAC), and the applicable regulatory requirements, guidance documents, and technical controls issued by the Saudi Food and Drug Authority (SFDA) for products or activities falling within its jurisdiction.


5. Acceptance of Service Request

  • The Client’s signature on the contract, service request, sample receipt form, approval of quotation, or submission of samples to the Laboratory constitutes acceptance of these Terms and Conditions.
  • The Client shall provide complete and accurate information relating to the sample, including where applicable: product name, batch number, production date, expiry date, storage and transport conditions, intended purpose of testing, and the reference standard, regulation, or specification against which the sample is to be assessed.
  • The Laboratory may request additional information or documents before accepting the service or during performance of the work.
  • The Laboratory may reject, suspend, or limit the service if the sample is unsuitable, the information is incomplete, the request is outside the Laboratory’s capability or scope, or compliance obligations prevent acceptance.
     

6. Receipt and Acceptance of Samples

  • Only samples meeting the Laboratory’s receipt and handling requirements shall be accepted.
  • Samples shall, where relevant, be properly sealed, appropriately packed, and protected against leakage, moisture, contamination, deterioration, or temperature abuse.
  • The Laboratory may document the condition of the sample at receipt, including photographs, temperature records, packaging observations, labels, and visible defects.
  • If the condition of the sample may affect the validity of results, the Laboratory may either reject the sample or accept it with reservation, and such reservation may be recorded in the records or report.
  • The Laboratory shall not be responsible for deterioration, contamination, or loss of integrity occurring before receipt or arising from improper packaging, storage, or transport by the Client or its representative.


7. Responsibility for Sample Collection

  • As a general rule, the Laboratory is not responsible for sample collection when the sample is taken by the Client, its representative, or any third party not acting under the Laboratory’s direct control.
  • In such cases, the reported results apply only to the sample received as submitted and shall not be construed as conclusive evidence for the entire batch, shipment, facility, or market population.
  • If sample collection is expressly agreed in writing, the Laboratory shall collect samples in accordance with its approved procedures and the applicable regulatory or contractual requirements, including identification, traceability, chain-of-custody, sealing, transport, and field records where relevant.
  • Where collection relates to products or sectors regulated by SFDA or another competent authority, the Laboratory may apply the relevant regulatory instructions and traceability requirements to the extent applicable to the agreed service.


8. Representativeness and Limits of Inference

  • Unless otherwise expressly stated in writing, each sample represents only itself.
  • No result shall automatically be generalized to an entire production lot, shipment, warehouse, process, or market distribution unless the sampling plan and its scope of representativeness are specifically defined and documented.
  • Any regulatory, commercial, production, or legal decision taken by the Client or by a third party on the basis of the report remains their own responsibility, except to the extent a direct and proven fault of the Laboratory is established.


9. Quantity of Samples Required

  • The required quantity of sample depends on the product type, number and nature of requested tests, relevant analytical methods, quality assurance needs, and any retention or repeat-testing requirements.
  • The Laboratory may require multiple units from the same batch and production date, and may request additional quantities whenever the submitted amount is insufficient or the nature of the testing so requires.
  • Any stated turnaround time shall commence only after receipt of a sufficient and suitable sample, completion of the required data, and satisfaction of the applicable financial and technical requirements.


10. Turnaround Time

  • Any turnaround time or completion date communicated by the Laboratory is an estimate unless expressly agreed otherwise in writing.
  • Testing duration may vary depending on the product type, number of tests, sample condition, analytical methodology, confirmation needs, repeat analysis, or subcontracted testing.
  • The Laboratory shall not be liable for delay caused by incomplete information, non-payment, insufficient sample quantity, additional Client requests, force majeure, equipment failure beyond reasonable control, or regulatory or logistical constraints.
  • The Laboratory may suspend the work or extend the estimated completion date where justified by technical, operational, or compliance reasons.


11. Fees and Payment

  • Service fees depend on the sample type, number and complexity of tests, collection and transport requirements, special handling, repeat testing, subcontracted work, and reporting requirements.
  • The Laboratory may require advance payment, full settlement, or satisfaction of agreed payment terms before commencement of testing or release of the report.
  • If the Client requests re-testing of a sample for which a report has already been issued, or requests re-issuance, amendment, or additional copies not arising from the Laboratory’s error, additional fees shall apply.
  • Fees are non-refundable once technical work has commenced, except where non-performance is attributable solely to the Laboratory and acknowledged by it.


12. External / Subcontracted Testing

  • Where the Client agrees, or where necessary for technical or operational reasons, the Laboratory may subcontract certain tests to an external competent laboratory or service provider.
  • The Laboratory shall identify or disclose subcontracted testing in the report, annex, or other appropriate documentation.
  • In such cases, the Laboratory’s responsibility is limited to reasonable selection, coordination, and documentation unless a broader obligation is expressly agreed in writing.
  • The inclusion of externally obtained results within a report issued by the Laboratory shall not be interpreted as a statement that such results were generated internally.


13. Reports and Results

  • Reports shall be issued in the Laboratory’s approved format and in accordance with its quality system and technical procedures.
  • Results relate only to the sample tested, at the time of testing, and within the scope of the methods actually performed.
  • The Client shall not reproduce the report in part, alter it, edit it, remove context, or use the Laboratory’s name, logo, accreditation status, or report reference in a misleading manner.
  • The report may be issued electronically or in hard copy and may include secure identifiers, verification codes, or electronic signatures. 
  • Reports and results shall be released only to the authorized Client representative or through the approved communication channels designated by the Laboratory.


14. Statements of Conformity and Interpretation

  • Where the Client requests a statement of conformity or non-conformity, such statement shall only be made where the applicable reference specification, regulation, or decision rule has been defined and the Laboratory is able to apply it appropriately.
  • Any conformity statement is limited to the specific characteristics tested and to the referenced standard, specification, or regulation identified for that purpose.
  • If the Client does not clearly identify the required reference specification or regulation, the Laboratory may request clarification or may limit the report to factual test results only.


15. Confidentiality and Information Protection

  • The Laboratory shall maintain the confidentiality of Client information, samples, results, reports, and technical or commercial information obtained in the course of the service.
  • The Laboratory may disclose information without separate consent where disclosure is required by law, court order, accreditation assessment, audit, investigation, regulatory request, or where necessary for subcontracted testing within the limits required for service delivery.
  • Where legally permissible, the Laboratory may notify the Client before or after any mandatory disclosure.
  • Information already lawfully in the public domain, or which becomes public without fault of the Laboratory, shall not be considered confidential for the purposes of these Terms and Conditions.


16. Impartiality, Independence, and Integrity

  • The Laboratory shall perform its services with professional care, technical competence, impartiality, and integrity in accordance with its management system obligations.
  • The Laboratory does not guarantee a particular test outcome, pass result, compliance decision, or regulatory acceptance.
  • Payment, sample receipt, or service acceptance shall not be interpreted as a promise of conformity, approval, or favorable outcome.


17. Sample Retention and Disposal

  • The Laboratory may retain the sample or part of it for a period it considers appropriate according to the sample nature, testing performed, retention policy, safety considerations, and quality requirements.
  • Unless otherwise agreed, the Laboratory may retain a reserve or reference sample for approximately thirty (30) days from the date of report issuance, or for such other period as the Laboratory determines according to the product type and technical need.
  • After expiry of the retention period, the Laboratory may dispose of the sample or any remainder in accordance with its approved procedures and applicable environmental, health, and safety requirements, without further notice to the Client.
  • The Laboratory shall not be liable for any request to recover the sample after expiry of the retention period or after lawful disposal.


18. Client Responsibility for the Sample and Data

  • The Client warrants that the submitted sample is lawful, legitimately controlled by the Client, and may be submitted for testing.
  • The Client is solely responsible for the accuracy and completeness of all data, declarations, labels, technical documents, and instructions supplied to the Laboratory.
  • The Client shall disclose any hazard, special handling requirement, contamination risk, or regulatory restriction associated with the sample.
  • The Client shall indemnify the Laboratory against losses, claims, penalties, damages, or liabilities arising from false statements, non-disclosure, unlawful submission, or hazardous conditions not disclosed by the Client.


19. Limitation of Liability

  • The Laboratory undertakes to exercise reasonable professional skill and care. Except where prohibited by law, the Laboratory gives no warranty, express or implied, regarding merchantability, fitness for purpose, future regulatory approval, or market acceptance of the tested product.
  • Where a direct and proven fault of the Laboratory is established, the Laboratory’s liability shall, to the maximum extent permitted by law, be limited to the value of the service giving rise to the claim or the cost of repeating the test, whichever is lower.
  • The Laboratory shall not be liable for indirect, consequential, incidental, or special damages, including loss of profit, business interruption, product withdrawal, reputational damage, regulatory action, or loss of opportunity, except where such exclusion is not legally permitted.
  • No claim shall be accepted unless submitted within the Laboratory’s complaint period or, where no specific period is published, within a reasonable time from the date the Client became aware of the relevant issue.


20. Complaints and Objections

  • The Client may submit a complaint or objection in writing in accordance with the Laboratory’s approved complaints and appeals procedure.
  • Submission of a complaint or objection does not automatically suspend the report, the payment obligation, or the legal effect of the result unless the Laboratory or a competent authority determines otherwise.
  • The Laboratory may review records, conduct technical evaluation, or perform repeat testing where technically feasible and justified.


21. Force Majeure

  • The Laboratory shall not be liable for delay, suspension, or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, governmental restrictions, utility interruptions, transport disruption, major equipment breakdowns, labor disturbances, or similar force majeure events.


22. Compliance with Applicable Laws and Regulations

  • Both parties shall comply with the laws, regulations, and official instructions applicable in the Kingdom of Saudi Arabia, each within its own responsibility.
  • If any Client request conflicts with accreditation requirements, quality obligations, impartiality rules, safety controls, or applicable regulations, the Laboratory may refuse, restrict, or suspend the requested service without being deemed in breach.
  • Any service related to products under SFDA supervision remains subject to the applicable laws, regulations, guidance documents, and technical controls issued by SFDA.


23. Intellectual Property and Use of Laboratory Identity

  • All rights in the Laboratory’s templates, reports, quality documentation, name, logo, branding, and operating documents remain the property of the Laboratory.
  • The Client shall not use the Laboratory’s name, logo, accreditation, report references, or results in advertising, product labeling, commercial promotion, or public communication without the Laboratory’s prior written approval, except to the extent lawfully required or expressly authorized.
  • Any misleading, partial, altered, or unauthorized use gives the Laboratory the right to take the appropriate contractual and legal action.


24. Dispute Resolution and Governing Law

  • The parties shall first seek to resolve any dispute amicably.
  • If amicable resolution is not achieved, the dispute shall be subject to the jurisdiction of the competent judicial authorities within the Kingdom of Saudi Arabia.
  • These Terms and Conditions shall be governed by and interpreted in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia.


25. General Provisions

  • These Terms and Conditions supplement and form part of every contract, service request, quotation, sample receipt form, and report issued by the Laboratory.
  • If any provision is held invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
  • The Laboratory may update these Terms and Conditions from time to time, and the version in force at the time of the relevant service request shall apply unless otherwise expressly agreed in writing.