Company Disclaimers

Labelling Consultation

The information we may require depends on the nature of the query and of your choice of the specific service(s) you wish us to perform on your product’s labelling. Although information requested by us might be viewed as confidential by yourself and you may prefer not to divulge such information to us, such information may be crucial to the thorough assessment by ourselves of your product’s labelling. We guarantee strict confidentiality in respect of any confidential data or of any confidential information provided to us by you at our request. If any information requested by us, is not divulged fully to us, we cannot accept liability if the labelling of the product does not conform with the relevant legislation, if such lack of conformity is directly or indirectly attributable to your non-divulgence in full of the requested information.

Although every care is taken to ensure that the wording on the label is correct in respect of spelling and syntax, we do not accept liability for any damages caused directly or indirectly by the wording of labels being interpreted incorrectly due to wrong syntax or spelling. We also do not accept liability for any mistakes in the wording on the label caused in the printing process of the label.

Our report of compliance (or non-compliance as the case may be), as well as our suggestions contained in such report, is based on our interpretation of current legislation and regulations pertaining to the labelling of food products. It is possible that another individual or company may have a different interpretation from ours of certain sections or parts of the relevant legislation and regulations. We do not accept liability for claims of damages pertaining to the labelling of a product done by us for you, where, according to the sole opinion of an individual or company the product is not correctly labelled in terms of the relevant legislation and this opinion is based solely on such individual or company’s interpretation of the relevant legislation.

Our written report pertaining on the compliance of your present product label with the relevant labelling legislation is based solely on the packaging provided by you. If any ingredient or supplier changes are subsequently made which may require amendments to the label, we cannot be held responsible for such changes that do not comply with the relevant legislation.

Without prejudice to the aforegoing, in no event (including our own negligence) will we be liable for any:

(a) Economic losses, (including loss of revenues, profits, contracts, business or anticipated savings);
(b) Loss of goodwill or reputation;
(c) Special, indirect or consequencial losses.

Upon acceptance of a quotation by the signature of the client or it’s representative, the client or it’s representative acknowledges that it has read the written contents of the quotation including the terms and conditions and disclaimer contained therein and confirm that it understands the content thereof and agree to be bound thereby.

Testing Services

FACTS through its laboratory division conduct tests to detect and quantify traces of contaminant allergens in food products. Results are presented with a detailed explanatory and advisory report. Samples of the product to be tested are given by you to FACTS and this sample of the product comes from a specific batch manufactured by you. FACTS can only report on the results of the tests performed on the sample by delivering the report to you. FACTS in no way warrants, represents or implies that the rest of the same batch which have not been tested, will achieve a similar test result if tested.

FACTS is not responsible for claims or damages resulting from the existence of traces of contaminant allergens in the sample which have not specifically been tested for.

You assume all responsibility for the total batch of the product after the sample from the batch has been tested. FACTS and its officers, agents, representatives and employees are not liable for any claims or damages arising out of the use of any tested produce. The contents of the report are representative of the condition of the sample only. The sample is assumed to be statistically representative of the batch of the product at the time of sampling.

FACTS warrants that all analytical work is conducted professionally in accordance with all applicable standard laboratory practises and that this data contained in the report reflects our best attempt to generate accurate results for the specific sample(s). Although FACTS use the best quality ELISA test kits, FACTS cannot be held responsible for flaws in the test kits that may result in an inaccurate test result. Neither can clients or third parties hold FACTS liable for the way in which the results are used.

FACTS does not assume any liability for and does not constitute or imply an endorsement of the product tested or its producer.

FACTS is not responsible for any claims or damages related to the quality or safety of the product.

FACTS shall not be liable for any loss or damages caused by it being provided false or misleading information by others, by the negligent act or default of the person in obtaining a sample from the batch, by the loss of the sample in delivery or shipment or by the containment of the sample.

FACTS does not warrant that the contents of the report contained herein or that the product will meet the end user’s requirements, or that the assessment, evaluation or testing of the sample or any part thereof will be uninterrupted or error free, or that defects in the sample will be corrected.

FACTS does not warrant or make any representations regarding the use or the results of the testing, assessment or evaluation of the sample in terms of their correctness, accuracy, liability or otherwise.

Upon acceptance of a quotation by the signature of the client or it’s representative, the client or it’s representative acknowledges that it has read the written contents of the quotation including the terms and conditions and disclaimer contained therein and confirm that it understands the contents thereof and agree to be bound thereby.

Other

For our assessment to cover all possible relevant issues, we require complete information on the background of the query. Depending on the nature of the query, this information could include any or all of the following:

• Full information on the symptoms or side-effects experienced by the affected individual(s)
• Complete and detailed listing of the ingredients of the product(s) in question
• Information on other associated factors, such as manufacturing conditions

Please contact us to discuss these requirements. We accept that you may wish to withhold confidential data, but such data may be crucial to a thorough assessment. We guarantee strict confidentiality for any disclosures to us.

We can make assessments based on partial information, but in this case we must disclaim responsibility for any issues we are not able to cover.