Definitions

In these Terms and Conditions, the following expressions shall have the following meanings:

1. FTS: means Forensic Testing Service Limited, having its registered address at Aspect House, Grove Business Park, Wantage, Oxfordshire, OX12 9FA.
2. FTS Customer: means the instructor, or in the case of a joint instruction the instructors who are commissioning the Services provided in connection with the advice they are giving to their Individual Clients.
3. Individual Client: means the individual to whom the FTS Customer is giving professional advice in connection with which the Service is required and who is a Client of FTS’s Customer.
4. Services: means the provision by FTS of the collection and testing of samples for specific drugs and/or alcohol use markers, and reporting upon the results, in which an Individual Client of the FTS Customer has or may have an interest.
5. Service Fee: means the fee charged by FTS for the Services provided.
6. Principal: means either (i) those instructing FTS acting on their own account, or (ii) those instructing FTS being authorised to make such commitments on behalf of the firm or business that they represent.
7. Fees Sheet: means a list of fees produced from time to time by FTS for different aspects of the Services for the purpose of determining the Service Fee.
8. In this document, the masculine shall include the feminine and the singular shall include the plural and vice versa.

 

Acceptance Of These Terms and Conditions

By submitting the Instruction Form or making any other request for the Services, the FTS Customer is deemed to have read and accepted these Terms and Conditions.

 

Commencement

1. These Terms and Conditions shall be effective from the date on which the FTS Customer instructs FTS to provide elements of the Services, whether by means of an automated request through the internet or by any other means. These terms shall apply to any instructions that the FTS Customer gives to FTS in connection with the Services, until such time as FTS provide alternative Terms and Conditions to the FTS

 

Instructions and Information

1. FTS accepts instructions only on the basis that the FTS Customer is a
2. The Services are provided only on the basis that the FTS Customer gives FTS all proper, necessary and timely instructions, authority and information (including all duly executed documents required) to enable FTS to undertake, lawfully and effectively, the Services instructed and that those instructing FTS indemnify FTS
3. FTS shall rely upon information provided by, or on behalf of the FTS Customer/Client and on information from published FTS assumes no liability for the accuracy or completeness of such information and shall have no obligation to independently verify the accuracy or completeness of such information.
4. By agreeing to these Terms and Conditions the FTS Customer confirms, as an individual or member of a professional firm, that they have the authority to instruct FTS concerning this
5. When instructing FTS to proceed with Sample Collection, FTS will take that as an acceptance of the costs for the subsequent quote provided. Sample collection is outside the scope of UKAS

 

Non-Exclusivity

It is understood that the Services are provided on a non-exclusive

 

No Reliance by Third Parties

1. The Services are provided solely for the use of the FTS Customer and apart from the Individual Client who is receiving professional advice from the FTS Customer, shall not be used or relied upon by any other third party. The FTS Customer can pass on the Report to other parties as the FTS Customer decides is his absolute right.

 

Service, Delivery and Timeframes

1. FTS will report test results against our standard Opinions. Interpretations expressed in the Report are outside the scope of UKAS accreditation.
2. FTS will report all quantitative analytical results in the certificate of analysis. The highest levels reported are based on the upper limit of quantification determined by the highest standard on the standard curve produced for that batch. Where the quantity of drug or metabolite exceeds the upper quantifiable limit, the result is reported as greater than (>) the upper quantifiable limit. Failure to detect metabolites may result in not being able to prove ingestion of a substance, although many other factors are also taken into consideration. There is a measurement of uncertainty for the analysis of drugs and metabolites in hair, which is calculated to accommodate all potential variables during the testing process. This uncertainty of measurement is not included in the final result.
3. FTS may subcontract accredited tests in cases of emergency, e.g., analyser breakdown. The customer will be informed in advance of testing being subcontracted. FTS may subcontract other tests to approved laboratories within the UK and overseas, as necessary. A summary of measurement of uncertainty for accredited and subcontracted tests is available upon request.
4. The limits of quantification and measurement of uncertainty used by FTS for the drugs and metabolites analysed in scalp hair are presented in Section 22, Figure 4. Uncertainty of Measurement is calculated using a standard uncertainty multiplied by a coverage factor of k=2, resulting in a confidence level of 95%.
5. For each alcohol-marker in a blood sample, FTS will set a normal range within which 95% of results are expected. Results outside the normal range may indicate excessive use of alcohol.
6. For EtG testing in urine, FTS sets a cut-off level of 500 ng/mL. Results above this are determined as Positive, indicating a high probability of alcohol consumption in the 2 to 3 days prior to sampling.
7. For the majority of drug groups (not including amphetamines), if testing fails to detect metabolites of the parent drugs in hair samples, it may result in not being able to conclusively prove ingestion.
8. When FTS analyses hair samples for selected drug groups, additional compounds may be identified. Without further testing, it is not possible to confirm their identity or quantity. If the customer has requested notification of additional compounds, FTS will advise and confirm if these should be reported. Charges for additional investigation are detailed in the Fees Sheet. Permission from the client is required for reporting compounds outside the initial instruction, and additional fees apply.
9. Although FTS does not generally operate on a strict time schedule, customers are requested to provide a desired report date on the Instruction Form. FTS will make reasonable efforts to meet this schedule. If not possible, FTS will notify the customer and provide an estimated timeframe, usually within 8 working days from receipt of the sample. Estimates are provided in good faith and are not contractually binding. FTS accepts no liability for delays.
10. Risk in any samples or specimens remains with the FTS Customer. Title to test results remains with FTS until all payments have been received from the FTS Customer.
11. FTS may make changes to service specifications to comply with safety or statutory requirements, for commercial reasons, or where the changes do not materially affect the quality or fitness of the Services.
12. If instructed to test the B sample, it is tested in the FTS laboratory unless the customer specifies an alternative. Alternative laboratories must be appropriately accredited (e.g., UKAS ISO/IEC 17025) or on the FTS approved supplier list.
13. Samples sent to specified laboratories include appropriate accompanying information. Additional administrative fees may apply.
14. Samples are stable for transport/storage as follows:

Sample Type	Storage Time
Hair/Nails	12 months at room temperature.
Hair/Nail wash	6 months at 2–8°C, then 1 year at −20°C (±5°C)
Urine EtG	12 days at room temperature, then 1 year at −20°C (±5°C)
Blood PEth	6 months at room temperature

• Samples processed outside these storage conditions will be reported to the customer, including any potential impact on results.

 

Liability

1. FTS shall perform the Services with reasonable skill and care.
2. Other than in relation to death or personal injury resulting from the negligence of FTS, the liability of FTS to the FTS Customer or to any third party shall be limited as follows:
3. Subject to subsection 8.4 below of this clause 8, in no circumstances shall FTS be liable to the FTS Customer or to any third party or parties in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for:

   (i) any increased costs or expenses; (ii) any loss of use, profit, business, contracts, revenues, delay, or anticipated savings; or (iii) any special indirect or consequential loss or damage of any nature whatsoever arising directly or indirectly out of the provision by FTS of the Services, or of any error or defect therein, or of the performance, non- performance or delayed performance by FTS of the Services and FTS gives no warranty in respect thereof. (By way of illustration, but not as an exhaustive list, examples of consequential or indirect loss would be loss of future business, loss of reputation or goodwill, loss of anticipated savings and damages, costs or expenses payable by the FTS Customer or any other third parties).

4. Nothing in this clause 8 excludes or restricts FTS’s liability for death or personal injury resulting from FTS’s negligence.
5. Subject to the above, FTS’s entire liability for any one claim for direct loss, or for all claims arising from any one act or default (whether due to negligence or otherwise), in contract, tort, or otherwise, shall be limited to the total invoice amount for the relevant Services provided.
6. Time of provision of any Services is not of the essence. Any date mentioned is given as a guide only, and FTS is not liable for any loss arising from any delay or failure of FTS or its third-party providers to perform the Services.

FTS’s Fees

1. Where an FTS Customer instructs FTS in writing to undertake the Services (or any other service), the FTS Customer is responsible for FTS’s fees whether or not the case proceeds to its conclusion.
2. Where an FTS Customer instructs that the fees are to be shared with other parties, each of the other parties will become responsible individually for their share of the fee, as indicated by the FTS Customer, once FTS receive agreement from the other parties.
3. Until such time as FTS receive agreement from another party, the FTS Customer will retain responsibility for the other party’s share of the fee.
4. FTS will make reasonable efforts to obtain the agreement of other parties to take responsibility for their share of the fee.
5. The FTS Customer will be responsible for all charges of other parties where the FTS Customer has not informed FTS of the sharing parties involved until after receipt of the Invoice and Final Report. Within 7 days from receipt of the Invoice and Final Report, the FTS Customer must notify FTS of any corrections required to the invoice, as no amendments can be made after that date. In this instance, FTS will make every effort to support the FTS Customer in securing payment from any other sharing party.
6. It is of the essence of this Agreement that payment is due immediately in relation to the Services provided. The Service is deemed to be provided when the Report is rendered to the FTS Customer.
7. FTS may, at its discretion, agree with the FTS Customer, or individually with any of the other parties responsible for a share of the fee, to defer payment of the fee until such time as FTS shall decide.
8. In the event that payment of an FTS invoice has not been received by FTS from the FTS Customer within 30 days from the date of the invoice, the invoice will become due for immediate payment by the FTS Customer. This applies irrespective of any claim being made to the Legal Aid Agency and/or any subsequent rejection of the invoice or payment made by them to FTS.
9. FTS reserves the right, at its discretion, to charge interest on any outstanding invoices exceeding 30 days from the date of the invoice. The rate of interest will be calculated at a daily rate.
10. FTS reserves the right, at its discretion, to seek the assistance of any legal means to recover any monies outstanding after 30 days from the date of the invoice, irrespective of the submission date to the Legal Aid Agency.
11. FTS reserves the right to charge a fee of £50 + VAT for any appointment cancelled within 72 hours.
12. Any revisions to the Services will be charged at the rates stated in the latest Fees Sheet.
13. Where work is terminated before completion, the matter will be regulated by clause 12.

 

Taxes

Fees and expenses are exclusive of any Value Added Tax (VAT) and/or other taxes. The FTS Customer will be liable for all such taxes to the extent required by law.

 

Force Majeure

Without prejudice to anything stated elsewhere in this document, it is understood that FTS shall not be liable to the FTS Customer or to any third party for any failure or delay in the performance of FTS’s obligations where such delay or failure is caused by circumstances beyond FTS’s control. These circumstances include, but are not limited to, acts of God, war, riot, sabotage, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, or other industrial action or dispute.

 

Cancellations

1. If an Instruction request is cancelled, a reduced fee, calculated from the Fees Sheet, will be charged for the Services already performed or started at the time of cancellation.
2. In addition to what is stated above in clause 1, the FTS Customer shall pay in full any third-party costs incurred.
3. There shall be no offset against any other Services that FTS may provide for the same FTS Customer or professional.

 

Alterations

The FTS Customer may request an alteration or modification to the Instruction request at any time.

 

Communications Via E-Mail and The Internet

1. FTS makes full use of electronic communication where FTS Customers wish.
2. If the FTS Customer asks FTS to communicate with them electronically via the Internet, FTS asks the FTS Customer to note that the Internet is neither private nor secure and that FTS cannot guarantee correct message routing or promptness of delivery.
3. Where security and reliability are important, FTS recommends that the FTS Customer does not use the Internet for sending to FTS or receiving from FTS messages or documents containing sensitive information.
4. If the FTS Customer chooses to communicate with FTS via the Internet, FTS shall assume that the FTS Customer wishes communications between them and FTS to be conducted via the Internet, notwithstanding the security and reliability issues outlined above.
5. If the FTS Customer chooses to communicate with FTS via the Internet and wishes such communications to utilise digital IDs and related encryption features, the FTS Customer must give FTS clear written notification of such requirements. In the absence of such a notification, FTS shall be entitled to communicate via the Internet without encrypting e-mails or documents. The FTS Customer understands that the application and use of digital IDs and encryption is subject to obtaining and installing an appropriate digital ID on the computer used to communicate with FTS. The FTS Customer accepts that any failure to cooperate with FTS in the exchange of digital IDs and signatures will prevent FTS from communicating using digital IDs and encryption.

 

Confidentiality & Privacy

1. FTS will keep confidential matters it handles for FTS Customers, except where FTS Customers authorise FTS to disclose information, where FTS is required to make a disclosure under applicable regulations or legislation, or where the information is already within the public domain.
2. FTS may use personal information provided by the FTS Customer or its employees in connection with this Agreement, but such use will be in accordance with the terms of FTS's Privacy Policy, the current version of which can be provided upon request.
3. FTS will give the FTS Customer a minimum of 30 days’ notice of any change to its Privacy Policy.
4. FTS's Privacy Policy is hereby incorporated into and forms part of this Agreement.
5. Where client consent has been obtained, FTS may utilise some unused samples for training and/or development purposes. The use of these samples shall not affect the case.

 

Data Protection

1. FTS will use personal information which it holds about FTS Customers and FTS Customers’ Individual Clients to provide the Services.
2. FTS may share personal information as referred to above in clause 16.1, but only with associated firms and individuals and only in connection with the Services FTS provides.
3. FTS will not pass any personal information outside the European Economic Area. FTS will not pass, disclose, rent, or sell personal information of FTS Customers or that of Individual Clients (other than personal information which is already publicly available) to any third party, without the FTS Customer’s prior written consent.
4. FTS Customers and Individual Clients have the right, by written request and on payment of a small fee, to obtain a copy of any personal data (as defined by the Data Protection Act 1998) which FTS holds about them.

 

Copyright In Documents and Processes

1. The Services and all original documents, electronic forms, compilations, and/or processes that FTS generates for FTS Customers are protected by copyright (together referred to as the ‘Copyrighted Elements’). For the avoidance of doubt, FTS hereby states, and the FTS Customer hereby accepts, that the Intellectual Property in the Copyrighted Elements shall remain the property of FTS.
2. The fee which FTS Customers pay for FTS’s work gives FTS Customers an implied license to make use of the materials referred to above, but only for the purposes for which they were generated or supplied to FTS Customers and for reasonably associated purposes.
3. FTS Customers may not copy FTS’s Copyrighted Elements for any purposes other than those referred to above nor provide them to other firms or individuals. In particular, FTS Customers may not copy or pass on such Copyrighted Elements to individuals or firms who may provide services similar to those offered by FTS or their associates.
4. If, contrary to the above, the FTS Customer makes a third party aware of any aspect of the Copyrighted Elements, or uses any aspect of the Copyrighted Elements in the performance of work for a third party (whether or not in accordance with the permitted purpose), the FTS Customer will be solely liable to such third party for any error or defect in the work and/or the consequences thereof, and will indemnify FTS against all loss, actions, claims, costs, demands, expenses, and liabilities whatsoever which FTS may incur, either at common law or by statute, in respect of any loss, damage, personal injury, or death suffered by a third party by reason of any error or defect in the work, or by reason of the consequences of such error or defect.

 

Destruction of Documents

FTS will retain files relating to an FTS Customer’s matters for six years after completion. After that period, FTS shall be entitled to destroy files without further reference to the FTS Customer unless the FTS Customer requests otherwise, in writing, in advance.

 

Resolving Problems

1. In the event of any difficulties with FTS’s Services, the FTS Customer should notify FTS immediately upon becoming aware of the difficulty.
2. Initially, the FTS Customer should speak to the FTS Expert Support Team, who will try to resolve the matter.
3. FTS will ensure that the FTS Customer’s complaint is investigated promptly and thoroughly, following the FTS Complaints Procedure, and will inform the FTS Customer of the results of the investigation and any appropriate action taken.
4. FTS’s Complaints Procedure is available upon request.

 

No Agency

1. Neither party shall be deemed an agent of the other.
2. Nothing shall construe FTS as an agent of any third party.

 

Law

1. The relationship between FTS and the FTS Customer shall be governed by the Laws of England and Wales.
2. If any dispute between the parties arises out of or in connection with the Services, it may be referred by either party to, and finally settled by, mediation in accordance with the Centre for Dispute Resolution Model Mediation Procedure.
3. Any dispute not resolved by such mediation shall be subject to the exclusive jurisdiction of the English Courts.

 

Test Information

Figure 1 (EtG Hair)*

Analyte	LOD (pg/mg) based on 20mg hair	LOQ (pg/mg) based on 20mg hair	Average MU (%)	Upper LOQ (pg/mg) based on 20mg hair	Average MU (%)
EtG *	2.5	4.9	32	5,000	20

Figure 2 (EtG Urine)*

Analyte	LOD (ng/mL)	MU (%)	LOQ (ng/mL)	MU (%)	Upper LOQ (ng/mL)	MU (%)
EtG Urine *	125	28	200	15	2500	15

Figure 3 (Blood) - Testing subcontracted to Synlab Lab Services Ltd.

Analyte	Units	Normal Range
ALT #	U / L	0 - 33
LFT #	various	various
CDT #	%	<1.6
GGT-CDTr #	U / L	0 - 40
MCV #	FL	82 - 98

 

#Covered under UKAS 9301 ISO/IEC 15189:2022 accreditation

Figure 4 (DOA Hair)

Analyte	LOD (pg/mg) based on 20mg hair	LOQ (pg/mg) based on 20mg hair	MU (%)	Upper LOQ (pg/mg) based on 20mg hair	MU (%)
6-Acetylcodeine *	2.5	4.9	36	5,000	34
6-Acetylmorphine *	2.5	4.9	39	5,000	33
AEME *	1.2	2.5	32	5,000	26
Alprazolam *	1.2	2.5	36	5,000	32
Amitriptyline *	1.2	2.5	44	5,000	37
Amphetamine *	1.2	2.5	24	5,000	11
Benzoylecgonine *	1.2	2.5	36	5,000	27
Buprenorphine *	2.5	NQ	37	NQ	31
Cannabidiol *	4.9	NQ	0	NQ
Cannabinol *	4.9	NQ	0	NQ
Cocaethylene *	1.2	2.5	35	5,000	28
Cocaine *	2.5	4.9	46	5,000	25
Codeine *	2.5	NQ	42	NQ	35
Delta-9-THC *	9.75	19.5	29	2,500	27
Diacetylmorphine *	2.5	4.9	29	5,000	25
Diazepam *	1.2	2.5	34	5,000	24
Dihydrocodeine *	1.2	2.5	47	5,000	40
EDDP *	1.2	2.5	26	2,500	24
Fentanyl *	1.2	2.5	33	2,500	31
Gabapentin *	4.9	9.75	38	5,000	31
Ketamine *	2.5	4.9	25	5,000	20
MDA *	1.2	2.5	25	5,000	13
MDMA *	1.2	2.5	38	5,000	34
Mephedrone *	1.2	2.5	29	5,000	27
Methadone *	1.2	2.5	30	5,000	22
Methamphetamine *	1.2	2.5	36	5,000	28
m-HydroxyBe *	1.2	2.5	38	5,000	34
Morphine *	2.5	4.9	35	5,000	31
Nitrazepam *	2.5	NQ	0	NQ
Norbuprenorphine *	9.75	19.55	23	5,000	13
Norcocaine *	1.2	2.5	30	2,500	27
Nordiazepam *	4.9	9.75	35	5,000	29
Norfentanyl *	2.5	4.9	39	2,500	36
Norketamine *	1.2	2.5	27	5,000	22
Nortriptyline *	1.2	2.5	39	5,000	35
O-Desmethyl Tramadol *	4.9	NQ	25	NQ	22
Oxazepam *	4.9	9.75	40	5,000	33
Oxycodone *	2.5	4.9	40	5,000	35
Oxymorphone *	1.2	2.5	33	5,000	29
Pregabalin *	9.75	19.55	34	5,000	25
Temazepam *	9.75	19.55	35	5,000	33
Tramadol *	4.9	9.75	38	5,000	23

 

Figure 5 (FAEE hair)

Analyte	LOD (ng/mg) based on 20mg hair	LOQ (ng/mg) based on 20mg hair	MU (%)	Upper LOQ (ng/mg) based on 20mg hair	MU (%)
Ethylpalmitate	0.039	0.1	38	5	32

 

Figure 6 (PEth in Blood on VAMS)

Analyte	LOD (ng/mL)	LOQ (ng/mL)	MU (%)	Upper LOQ (ng/mL)	MU (%)
PEth 16:0/18:1 *	5	10	26	2560	27

Figure 7 (PEth in Blood on VAMS) – When testing is subcontracted to Ghent University

Analyte	LOD (ng/mL)	LOQ (ng/mL)	Upper LOQ (ng/mL)	MU (%)
PEth 16:0/18:1	1.7	10	2000	42.3

 

* Covered under UKAS 7550 ISO/IEC 17025:2017 accreditation

 

NQ = Not Quantifiable

MU = Measurement of Uncertainty

LOQ = Limit of Quantitation

LOD = Limit of Detection

 

• FTS will on occasion report below our accredited Limits of Detection (LOD) when this meets our validated reporting criteria.
• FTS is a UKAS accredited testing laboratory No. 7550. A full list of accredited activities can be viewed here.
• FTS may also offer testing of other parameters and sample types outside the scope of these accredited activities.