TERMS AND CONDITIONS

The analytical services described herein are expressly conditioned upon the terms and conditions set forth below. Any order for, any statement of intent to purchase, or any instruction to proceed with the analytical services shall be subject to said terms and conditions. Any additional or inconsistent terms or conditions set forth in any communication from the client are hereby objected to by The Industrial Laboratories Company, Inc., and shall not be effective or binding unless consented to in writing by an authorized representative of The Industrial Laboratories Company, Inc.

1. This transaction is made upon the condition and agreement that there have been no oral or written representations or undertakings made by or on behalf of The Industrial Laboratories Company, Inc. and The Industrial Laboratories Company Inc. makes no warranty of any kind, express or implied, except that the analytical services hereunder shall be of The Industrial Laboratories Company Inc.’s standard quality. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED BY LAW. Client assumes all risk and liability whatsoever resulting from the use of such analytical services, whether used singly or in combination with other analytical services. Client agrees to examine the analytical services hereunder promptly after receipt and to notify The Industrial Laboratories Company, Inc. within ten (10) days after receipt in writing of any exceptions noted. Failure to so notify The Industrial Laboratories Company, Inc. and provide adequate documentation shall constitute a waiver of all claims with respect to the analytical services and, in any event, the use of the analytical services shall be deemed to mean that The Industrial Laboratories Company Inc. has performed satisfactorily. Client’s exclusive remedy shall be for damages, and The Industrial Laboratories Company, Inc.’s total liability will not exceed the invoice price of the analytical services in respect to which any damages are claimed. The Industrial Laboratories Company, Inc. neither assumes nor authorizes any person to assume for it any other liability in connection with the sale, purchase, delivery, use of performance of the analytical services performed hereunder. Any action brought by the client must be commenced within on (1) year after analytical services notwithstanding any statutory period of limitation to the contrary.

2. This contract and The Industrial Laboratories Company Inc. performance hereunder are subject to continuing credit approval of the client by The Industrial Laboratories Company Inc. If in the sole judgment of The Industrial Laboratories Company Inc. the financial resources of client become unsatisfactory, The Industrial Laboratories Company Inc. may require cash payment or other security to The Industrial Laboratories Company Inc. for future analytical services and credit terms are subject to revocation.

3. Unless otherwise approved in writing by The Industrial Laboratories Company Inc., all payments hereunder shall be made in U.S. currency with exchange and/or collection charges, if any, for the account of client. All general or special taxes, imposts, duties or penalties or other governmental charges fixed or imposed by any lawful authority upon the process of delivery of the analytical services or upon the material from which they are produced, in this transaction and hereafter becoming effective for items, shall be added to the price and paid by the client.

4. This contract shall be construed in accordance with the laws of Colorado

5. The provisions of these terms and conditions are in addition to and not a limitation or waiver of any legal rights or remedies of The Industrial Laboratories Company Inc. These terms and conditions are complete and shall constitute the entire agreement between The Industrial Laboratories Company, Inc. and client relating to the analytical services specified herein, unless other written conditions have been duly entered into by client and The Industrial Laboratories Company, Inc. The billing invoice pertaining to the analytical services contained herein is not assignable by the client without The Industrial Laboratories Company, Inc.’s prior written consent.

6. All analytical services furnished hereunder shall be produce in compliance with the relevant requirements of sections 6,7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of The U.S. Department of Labor issued under Section 14 thereof. The Industrial Laboratories Company, Inc. shall also be in compliance with pertinent requirements of executive orders 11141 and 11246, as well as the Rehabilitation Act of 1973, as amended.

7. All materials, supplies, and residuals supplied by the client are normally discarded in fifteen (15) days from the date of the report unless The Industrial Laboratories Company, Inc. has been requested, in writing, to retain them for a longer period. Perishable materials are normally discarded immediately unless the client has requested special handling (freezing, etc.) in advance. However, all materials, supplies and residuals supplied by the client can be returned to the client at the clients expense at the sole discretion of The Industrial Laboratories Company, Inc.

8. All invoices from The Industrial Laboratories Company, Inc. will be paid when due, any finance charges (minimum of 18% annual APR) charged to the account will be paid, and in the event of litigation, all reasonable collection expenses and attorney fees will be paid.

9. The test codes included on the front of this page correlate to a specific test method. For more information, please refer to our website or please contact The Industrial Laboratories for further assistance.

10. Testing by The Industrial Laboratories Company, Inc. is limited only to the amount of the sample submitted. While the sample submitted may be a portion of a larger whole, The Industrial Laboratories Company, Inc. is not providing test results that are necessarily applicable to the entire lot, but solely to the portion of product that was submitted for testing.

11. Changing or altering any of these documents, aside from filling in the requested fields, is not permitted and may result in the refusal of sample acceptance and testing.

 

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