Terms & Conditions
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GENERAL
Unless otherwise agreed in writing or except where governed by law, the resulting contractual relationship (the “Agreement”) between Applied Lab (“Applied Lab”, “the lab”, “we” or “us”) and the Client shall be governed by the terms and conditions of service outlined below. The Client agrees to each and every term contained in the Agreement as a precondition of the Lab’s performance. Any term or condition in any purchase order, other form or document issued by the Client, regardless of the materiality of the term or condition that differs from or is contrary to the terms and conditions contained in the Agreement are objected to and excluded unless expressly agreed to in a written agreement or acknowledgement issued by Applied Lab. The Agreement pertains to services provided by Applied Lab, including (but not limited to) the preparation and revision of test reports.
PROVISION OF SERVICE
Applied Lab will provide service to the Client using reasonable care and skill in accordance with the Client’s instructions. In the absence of sufficient instructions, Applied Lab will:
- Contact the Client for further instruction, or
- Use such methods as considered appropriate on technical, operational, or financial grounds, or
- Use such methods as relevant to trade custom, usage, or practice, or
- Any combination of the above
If the Client is contacted for further instruction and there is no response, the test item will be disposed of after three (3) months.
Deviations from standard methods, when requested by the Client, will be accommodated by the lab so long as said request does not impact the integrity of the lab, the test or the validity of the results.
Information contained within testing reports is the recorded observations of the performance of the sample submitted by the Client under the predetermined and specific conditions prescribed by the standard selected by the Client. The report applies only to the standard or processing identified and to the sample tested. Furthermore, the reports are for the exclusive use of the Client to whom they are addressed.
CLIENT OBLIGATIONS
The Client agrees to furnish Applied Lab with as much information as may be required to enable provision of service. Service and associated lead times cannot commence until all necessary information has been received; therefore, a delay in the provision of this information may cause a delay in service to the Client. Failure to provide this information may result in refusal of the service request.
The Client agrees that ownership of the test item transfers to Applied Lab upon receipt of the test item unless notification in writing to the contrary is received. Applied Lab is not under obligation to return any test item or documentation even if the order is cancelled. If the Client wishes for the return of the test item, they assume responsibility for the cost involved and will be required to provide a UPS or FedEx account number to charge. If this cannot be provided, shipping charges will be invoiced to the Client. Applied Lab will retain remaining test items for a minimum of two (2) weeks and a maximum of one (1) year, after which time the test items will be discarded.
The Client agrees to disclose to Applied Lab in advance of any known hazards or dangers, known or potential, of the test item so that all necessary precautions may be taken to ensure the safety of all concerned parties.
STATEMENTS OF CONFORMITY
Statements of conformity are not included on test reports issued by Applied Lab. Where requested by the Client, written notification must be provided to the lab. Unless otherwise agreed upon between the lab and the Client, the lab will not apply measurement uncertainty when making statements of compliance, including pass / fail assessments.
PAYMENT TERMS AND POLICIES
For new Clients or ones that have not done business within one (1) year, credit references and / or payment in advance may be required.
Billing is done once testing is complete; in cases where a test may exceed 30 days, partial billing may be performed. Payment is due within thirty (30) days of the issuance of the invoice for services performed. For the Client’s convenience, payment may be made by check, Visa or Mastercard. Wire transfers are also accepted; however, payer assumes all associated fees for the transaction. All payments are to be made in US Dollars.
Applied Lab reserves the right to require that outstanding balances on an account be paid prior to commencing service or further processing a request for service.
Applied Lab does not give formal quotes for pricing unless specifically requested to do so. All pricing issued in the Applied Lab Pricing Brochure and in Special Pricing Agreements is subject to change. The Client will be given as much notice as is feasible regarding these changes. Should a situation arise in which pricing would change while the request for Service is in Applied Lab’s possession, work will be halted (as appropriate) and will not commence until the Client’s authorization is obtained.
Applied Lab reserves the right to refuse service and decline any order without giving reason for doing so.
ORDER CANCELLATION
A Client may cancel an order at any time by sending written notice to Applied Lab. Applied Lab reserves the right to charge the Client for any services performed up to the point of the receipt of cancellation in addition to any administrative fees associated with cancelling the order.
CONFIDENTIALITY
In the course of business, Applied Lab and the Client may disclose to one another confidential information. Both parties agree to maintain the confidentiality of the confidential information. When the lab is required by law or authorized by contractual arrangements to release confidential information, the Client (or individual) concerned shall, unless prohibited by law, be notified of the information provided. This will not apply to information in the public domain or comes into the receiving party’s possession through no fault of the receiving part. Information about the Client, obtained by sources other than the Client (e.g., complainants, regulators) will be maintained confidentially between the Client and Applied Lab. The source of this information shall be kept confidential and not shared with the Client unless the source agrees to disclosure. Before Applied Lab places any customer information in the public domain, the Client will be notified.
E-MAIL DISCLAIMER
Email receipt of results has become preferable with Clients due to the speed with which information is received. Applied Lab is pleased to provide this service and cautions that certificates could be modified once in the Client’s possession. Currently, email transmission may allow for the interception of messages and / or reports by parties other than the intended recipients. Applied Lab cannot be held liable or responsible for these risks, nor will this be considered to constitute a breach of confidentiality. IF THE CLIENT DOES NOT ACCEPT THESE RISKS, they must notify Applied Lab in writing that they do not wish to receive communications through email. Acceptance of these risks implies that the Client will not have any claims against Applied Lab for any loss suffered resulting from the interception, loss of confidentiality of the contents, non-receipt of a message or late receipt of a message.
COMPLAINTS
To file a complaint or to obtain a description of Applied Lab’s handling process, email Contact@applied-lab.com
SUBMISSION OF A REQUEST FOR SERVICE IMPLIES AGREEMENT WITH THE TERMS OF SERVICE OUTLINED ABOVE.
