Central Analytical Facilities, Stellenbosch University
1. DEFINITIONS
In these Terms and Conditions:
- “CAF” means the Central Analytical Facilities of Stellenbosch University
- “SU” means Stellenbosch University
- “Client” means any person or entity requesting analytical services
- “Services” means analytical testing, research, and related services provided by CAF
- “Data” includes all raw data, processed data, analysis results, and reports generated
2. SAMPLE AND DATA OWNERSHIP
2.1 Ownership of samples and/or data provided by the Client shall remain vested in the Client at all times.
2.2 All samples and/or data provided by the Client will be treated as strictly confidential and will not be disclosed to third parties without written consent, except as required by law.
3. ANALYTICAL DATA AND REPORTS
3.1 Data generated through analysis of Client samples and Analysis Reports prepared by CAF shall become the property of the Client upon full payment of all applicable fees.
3.2 CAF provides analytical data and reports in good faith based on validated methodologies and international best practices.
3.3 CAF cannot be held responsible for Client interpretation, application, or use of provided data and reports.
4. DATA RETENTION AND SECURITY
4.1 Raw data files and processed results will be retained by CAF for a maximum period of twelve (12) months after delivery to the Client, unless otherwise agreed in writing.
4.2 CAF implements appropriate security measures to protect Client data during the retention period.
4.3 Clients are responsible for maintaining their own copies of all data and reports.
5. LIMITATION OF LIABILITY
5.1 SU and CAF shall not be liable for any loss of profits, business interruption, or indirect, incidental, special, or consequential damages arising from the use of Services, data, or reports.
5.2 SU and CAF’s total liability for any claim shall not exceed the contract value paid by the Client for the specific Services giving rise to the claim.
5.3 While CAF exercises reasonable care in handling samples and data, SU and CAF accept no responsibility for loss or damage to samples, work, or data provided by the Client, except in cases of gross negligence.
6. QUALITY ASSURANCE AND ACCREDITATION
6.1 Unless explicitly stated otherwise for specific laboratories or tests, CAF is not SANAS accredited.
6.2 CAF follows international best practices and provides validation reports with analytical data where applicable.
6.3 Clients should consider accreditation status when determining suitability for their specific requirements.
7. REPUTATIONAL PROTECTION
7.1 CAF provides correct and validated analytical data in good faith using established methodologies and quality control procedures.
7.2 CAF cannot be held responsible for how Clients interpret, apply, or present the analytical data provided.
7.3 Clients acknowledge that CAF’s reputation depends on accurate representation of its Services and agree not to misrepresent CAF’s capabilities, accreditation status, or the nature of Services provided.
8. INTELLECTUAL PROPERTY
8.1 SU and CAF shall not be obligated to disclose proprietary analytical methodologies, protocols, or intellectual property.
8.2 Any improvements or developments arising from CAF’s analytical work shall remain the property of SU unless otherwise agreed in writing.
9. PAYMENT AND SERVICE DELIVERY
9.1 No analytical data or reports will be released until a valid Purchase Order Number (PON) is received and submitted to CAF.
9.2 Submission of a PON constitutes a binding agreement by the Client to fulfill payment within thirty (30) days of receipt of a SU-issued tax invoice.
9.3 Services are subject to CAF’s current fee schedule and standard payment terms.
9.4 Late payment may result in suspension of Services and/or the application of interest charges as per SU’s standard credit policy.
9.5 SU reserves the right to require advance payment or additional credit arrangements for Clients with outstanding debts or insufficient credit history.
10. FORCE MAJEURE
10.1 CAF shall not be liable for delays or failures in performance due to circumstances beyond its reasonable control, including but not limited to equipment failure, power outages, natural disasters, or government actions.
14. GOVERNING LAW AND JURISDICTION
11.1 These Terms and Conditions shall be governed by the laws of the Republic of South Africa.
11.2 Any disputes arising shall be subject to the exclusive jurisdiction of the South African courts.
13. ACADEMIC ACKNOWLEDGMENT AND PUBLICATION REQUIREMENTS
13.1 Mandatory Acknowledgment for Academic Clients Academic clients (including students, researchers, and academic institutions) must acknowledge CAF in all dissertations, theses, research papers, conference presentations, and other academic publications where CAF-generated data or results are used.
13.2 Standard Acknowledgment Format The acknowledgment shall include the following standardized text:
“Analytical work was performed at the Central Analytical Facilities, Stellenbosch University, with technical support from [Laboratory Name, e.g., NMR Laboratory, LC-MS Laboratory]. The authors acknowledge the CAF technical staff for their expertise and assistance.”
13.3 Enhanced Contribution Requiring Co-Authorship When CAF staff members provide substantial intellectual contributions including:
- Custom method development or optimization
- Data interpretation and analysis beyond routine reporting
- Experimental design consultation
- Specialized technical expertise contributing to research outcomes
A separate Co-Authorship Agreement (Appendix A) must be executed between the academic client and relevant CAF staff member(s) prior to commencement of such enhanced services.
13.4 Publication Notification Academic clients must notify CAF of any publications utilizing CAF data by providing:
- Publication title and journal/conference details
- Digital copy of the publication (if permissible under copyright)
- Confirmation of proper acknowledgment or co-authorship inclusion
13.5 Compliance and Enforcement Failure to provide proper acknowledgment may result in:
- Suspension of future services to the client
- Notification to the client’s academic institution
- Potential legal action for breach of contract 12.1 These Terms and Conditions may be amended by SU at any time with reasonable notice to Clients.
12.2 By submitting samples or requesting Services, Clients acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.
12.3 Continued use of CAF Services after any amendments constitutes acceptance of the revised terms.
Central Analytical Facilities
Stellenbosch University
Private Bag X1, Matieland, 7602
South Africa
For questions regarding these Terms and Conditions, please contact: Angelique Coetzer (alaurie@sun.ac.za)
