Terms & Conditions
Introduction:
This Terms and Conditions Agreement sets forth the agreement between Colmaric Analyticals LLC and you, our Customer. As our Customer, you ("Customer") understand and agree that placement of any order for our services constitutes acceptance of the terms and conditions stated herein. To the extent that any Customer order contains any terms or conditions that vary from the terms and conditions stated herein, all such additional or varying terms and conditions shall be of no force or effect, and shall not be part of the Customer-Colmaric Analyticals relationship or contract, even if Colmaric Analyticals performs the requested service.
CONFIDENTIALITY:
Confidentiality is maintained in all interactions with our Customers. All confidentiality between Colmaric Analyticals and our Customers are entered into willingly. In the event information is subpoenaed and released through the operation of any regulatory, judicial, or similar process, the Customer is notified. In turn, the Customer agrees to respect this relationship of trust. The Customer agrees it will not use Colmaric Analyticals name or data in any manner, which might cause harm to Colmaric Analyticals business and /or reputation. Under no circumstances is the name, Colmaric Analyticals to be published, either alone or in association with that of any other party, without prior
written approval.
SAMPLE SUBMISSION:
All samples should be submitted on a Colmaric Analyticals "Sample Submission Form." Include all information requested on the Sample Submission Form. Samples will typically be held for thirty (30) days after the completion of the tests request except: (1) where samples have been consumed by the test; (2) where samples are returned at the request of the Client; (3 where circumstances exist that prevent samples from being held for the typical thirty days time period.
HAZARDOUS SUBSTANCES AND PATHOGENS:
Any sample containing or suspected to contain a pathogen or substance that is considered hazardous must be clearly identified as such on the container and on the Sample Submission Form. Such information MUST be communicated to Colmaric Analyticals before shipping. Colmaric Analyticals reserves the right to refuse any sample, which may pose a risk to employees.
ANALYSIS:
Colmaric Analyticals strives to provide a seven (7) working days turnaround. Rush analysis is offered contingent upon pre-notification and approval of Colmaric Analyticals. However, a rush fee of 50% surcharge of the list fee will be added to the invoice for each analysis completed in the time requested by the customer and approved by Colmaric Analyticals. Colmaric Analyticals reserves the right to outsource an analysis entirely at Colmaric Analyticals expense and without prior notification to Customer, unless Customer requests otherwise. Reported results relate only to the items tested and test
reports shall not be reproduced except in full.
RETEST ANALYSES:
Test results that fall outside the acceptable limits known to Colmaric Analyticals and provided to Colmaric Analyticals by the customer shall be retested at Colmaric Analyticals' expense to confirm the original results. Retests performed at the Client's request may be charged to the Client if the recheck confirms the original results. In the event the recheck results significantly differ from the original result, the Client will not be charged for the duplicate assay.
PAYMENT TERMS:
Payment terms are Net 30 days. Prices are subject to change without notice. All past due invoices are subject to a 1% late fee.
BILLING:
All fees are charged directly to the Client, unless a third party has been authorized via a signed statement indicating payment responsibility. It is assumed that the paperwork submitted with a sample describes the testing desired. If changes are made after the originally requested testing is initiated or completed, the Client must accept payment responsibility. Please notify Colmaric Analyticals immediately if changes in testing are necessary.
LITIGATION:
All costs associated with litigation or dispute, including compliance for all document subpoena, for oral or written testimony or preparation of same, or for any other purpose related to work provided by Colmaric Analyticals in connection with analyses/reports performed/completed for the Customer, shall be paid by the Customer. Such costs include, but are not limited to, hourly charges,travel, accommodations, mileage, counsel, and all other expenses associated with said litigation or dispute.
WARRANTY AND LIMITS OF LIABILITY:
Colmaric Analyticals warrants that competent personnel will perform all services in a timely manner. THE FOREGOING EXPRESS WARRANTY IS EXCLUSIVE AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. WE DISCLAIM ANY OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING A WARRANTY OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. Any services performed by Colmaric Analyticals under proper technical direction by Customer, which are determined by Customer to have been performed improperly in light of the above warranty, and which after investigation by Colmaric Analyticals are acknowledged in writing by Colmaric Analyticals' Management to have been performed improperly, shall be corrected by Colmaric Analyticals without charge to Customer, provided that Customer provides Colmaric Analyticals with a written request for such correction within one (1)month after Client knew or should reasonably have known of the problem. In no event will Colmaric Analyticals be liable for any indirect, consequential, incidental, punitive, or special damages or for acts of negligence that are unintentional in nature, including, without limitation, damages for lost profit, business interruption, or other pecuniary loss, regardless of whether Colmaric Analyticals has been advised of the possibility of such damages. The Customer further understands and agrees that Colmaric Analyticals' total liability for damages relating to, or arising in connection with, any services provided hereunder, regardless of the form of action or theory of recovery shall not exceed the greater of $1,000 or the amount paid by the Client for the particular analytical service. Colmaric Analyticals accept no legal responsibility for the purpose for which the Customer uses the test results or reports, or for any consequence of such use. Colmaric Analyticals provide no guidance regarding and accept no legal responsibility for the purpose for which the Client uses the test results or reports, and shall have no legal responsibility for any consequence of such use. Customer agrees to indemnify and defend Colmaric Analyticals from all claims, damages, liabilities, and expenses relating to Client's use of Colmaric Analyticals' services or Customer's marketing, distribution, sale, or other dissemination of Customer's products or services. The allocations of liability in this WARRANTY AND LIMITS OF LIABILITY section represent the agreed and bargained-for understanding between the Customer and Colmaric Analyticals. Colmaric Analyticals' fees for the services provided hereunder reflect such allocations.