BioFunction®’s Guarantee

guar2.jpgBioFunction®’s Evidentiary Forensic Disability Examinations are backed by more than 70 years of scientific research documented in over 2,000 publications that support the validity, reliability, reproducibility and clinical basis of our technology, and which has been accepted by both legal and medical venues as standards of practice and medical guidelines for measuring work capacity and physical performance tolerances.

In the event that our service fails to carry the preponderance of scientific evidence in any legal or regulatory venue AND is found to be of lesser scientific merit than an alternate similar service, we offer to contracted clients, who are in good standing, a limited guarantee for up to one year from the date of examination, equal to the full purchase price of the examination plus the cost of any additional necessary BioFunction® support services (i.e. expert witness testimony, medical records audits, friend of the court functional capacity audits, and any incurred travel fees).

ELIGIBILITY

To be eligible for this guarantee the client must:

  • Notify BioFunction® in writing within three (3) working days after learning of possible BioFunction® liability,
  • Provide written proof, within 30 days of notification, substantiating that a greater preponderance of evidence was obtained via an alternate similar service and for which the regulatory or court venue relied upon the conclusions in deference to BioFunction®’s examination, and
  • Provide evidence that all written advice provided by BioFunction® regarding the proper positioning and support of our evidentiary findings was strictly followed prior to the ruling.

LIMITATIONS

Our liability is limited to expenses incurred for BioFunction®’s services ONLY and do not extend to any other losses, expenses or costs. Failure to timely notify us and strictly follow all written advice offered voids this limited guarantee and releases BioFunction® from any and all liability. There are no guaranties or warranties that extend beyond the description on the face hereof. Successful defense of an examination shall result in the client being responsible for full payment of all additional BioFunction® services required to establish legal or regulatory defensibility.

DEFINITIONS

A “contracted client” is one whom has entered into a written contract with BioFunction® to refer a set amount of claims, matters or cases to us on a monthly basis for the duration of the contract period. Failure of a client to maintain its “good standing” means that not more than 10% of any current invoice(s), or retainer account balances due, existing on the date a claim is made are beyond 30 days past due, and at least 90% of contracted monthly referrals have been met for the preceding 6 months, or duration of the contract if the client relationship is less than 6 months.