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All services provided by XRD.US are subject to the terms and conditions
stated herein. As our client, you 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 client 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 client-XRD.US relationship or
contract, even if XRD.US performs the requested service.
CONFIDENTIALITY: Confidentiality is maintained in all interactions
with clients. Appropriate confidentiality agreements are signed willingly.
If information is subpoenaed and released through the operation of any
judicial, regulatory, or similar process, the client is notified. In turn,
the client agrees to respect this relationship of trust. The client agrees
it will not use XRD.US name or data in any manner which might
cause harm to XRD.US reputation and/or business. Under no
circumstances is the name of XRD.US to be published, either alone or
in association with that of any other party, without prior written
approval.
PAYMENT TERMS: Payment terms are Net 30 days. Prices are subject to
change without notice.
BILLING: All fees or bills are charged directly to the client,
unless a third party has been approved with a signed statement of 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 XRD.US immediately if changes in
testing are necessary.
SAMPLE SUBMISSION: Sample submission should be made using XRD.US
Order Form. Please include all information requested on the Analysis Order
Form. Ship samples according to the procedure described in the XRD.US
Sample Shipping Instructions. Samples will be retained for a period of 2
weeks after reporting results. If your sample needs to be retained longer
than this, please contact us. Storage fees may apply. Hazardous Material
samples may be returned to client at our discretion and a return fee will
be added to the analyses.
HAZARDOUS AND RADIOACTIVE SUBSTANCES: Any sample containing or
suspected to contain elevated above the background levels of radioactivity or substance that is considered hazardous
must be clearly identified on the container and such information needs to
be communicated to XRD.US
before shipping. XRD.US reserves the right to refuse any sample which may
pose a risk to its employees.
DATA FILE SUBMISSION AND ELECTRONIC COMMUNICATIONS: Any electronic submission, including
data files on magnetic media and attachment to e-mail
messages, transferred via FTP should be free of viruses.
RUSH ANALYSIS: XRD.US policy is to provide 10
working day turnaround. Rush analysis is offered contingent upon
pre-notification and approval by XRD.US. A rush fee surcharge of
the list fee will be added to the invoice for each analysis completed on
a rush basis.
RECHECK ANALYSES: Rechecks performed at the client’s request may be
charged to the client according to the following procedure. If the recheck
confirms the original results, the client is charged for the duplicate
assay; if the recheck results significantly differ from the original
result, the client will not be charged for the duplicate assay.
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 XRD.US in connection with analyses/reports performed/completed
for the client, shall be paid by the client. Such costs include, but are
not limited to, hourly charges, travel, and accommodations, mileage,
counsel, and all other expenses associated with said litigation dispute.
WARRANTY AND LIMITS OF LIABILITY: XRD.US warrants that all services
will be performed in a timely manner by competent personnel. 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 XRD.US
under proper technical direction by client which are determined by client
to have been performed improperly in light of the above warranty, and
which after investigation by XRD.US are acknowledged in writing by
XRD.US Managing Director to have been performed improperly, shall be
corrected by XRD.US without charge to client, provided that
client provides XRD.US with a written request for such
correction within two months after client knew or should reasonably have
known of the problem. In no event will XRD.US be liable for any
indirect, consequential, incidental, punitive, or special damages or for
acts of negligence that are not intentional or reckless in nature,
including, without limitation, damages for lost profit, business
interruption, or other pecuniary loss, regardless of whether XRD.US has
been advised of the possibility of such damages. Client further
understands and agrees that XRD.US total liability for damages relating to, or arising in
connection with, any services hereunder, regardless of the form of action
or theory of recovery, shall not exceed the lesser of Client’s actual
damages or $2,500. XRD.US 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. Client agrees to indemnify and defend XRD.US
from all claims, damages, liabilities, and expenses relating to Client’s
use of XRD.US services or Client’s marketing, distribution, sale, or
other dissemination of Client’s products or services. The allocations of
liability in this Section represent the agreed and bargained-for
understanding of the parties and XRD.US fees for the services provided
hereunder reflect such allocations. |
