The following Terms and Conditions apply unless the specific condition or term is addressed in another written agreement made between you and Merit Laboratories, Inc. (Merit).
I. BEFORE YOU SUBMIT SAMPLES TO MERIT, BE SURE THAT YOU HAVE:
Written a complete Chain of Custody which
clearly lists sample tags and the required analyses as well as sampling information,
notes, reporting and invoicing addresses and phone numbers etc. and signatures
of transfer for each set of samples that you submit. The Chain of Custody
is used as the work order which authorizes Merit to do the testing it summarizes.
In addition, please be sure to write the Quotation Number, Project Name and
Date of the written quotation on the front of the Chain of Custody to ensure
accurate invoicing.
Informed MERIT whether samples contain hazardous or radioactive materials.
II. AFTER YOU HAVE SUBMITTED SAMPLES TO MERIT:
MERIT will perform the analyses you listed in writing on the Chain of Custody you submit with the samples. If you must change the analytical list after samples are submitted, you must do so in writing. Whenever the analyses are changed, additional fees may be charged.
We will dispose of all samples 14 days after we send your written report (by mail or Fax) unless you request return of your samples within this period. Samples that MERIT considers to be hazardous will be returned to you or disposed of at your expense.
We will retain analytical data for three years from the report date.
If you request MERIT to store samples longer than thirty days, you agree to pay a storage fee in advance.
If there is less than seven (7) days of holding time remaining on your samples, please call us to be assured that your holding times can be met. If accepted, you will be charged an additional rush fee.
By accepting your analytical work, MERIT provides you with test results within the guidelines followed by our industry. MERIT accepts no legal responsibility for the purpose for which the test results are used and/or the interpretations or conclusions based on the test results.
III. ADDITIONAL FEES
Additional copies of reports will be provided for a $20.00 fee.
Reports that must be re-faxed or faxed to more than one fax number will be charged a $20.00 per fax fee.
IV. PAYMENT TERMS
Fees quoted by MERIT are valid only for the number of samples stated in the quotation. Fees may change if the number of samples change.
Fees quoted by MERIT exclude the cost of shipment or delivery of the samples to MERIT unless these fees are specifically addressed in MERIT's quotation.
You agree to pay all fees to MERIT within thirty (30) days. Payment of MERIT fees within thirty (30) days is your responsibility and is not contingent upon another party's payment.
If invoices become delinquent (i.e. not paid within thirty (30) days), MERIT will charge the overdue account a late fee of 5% of the invoice total plus interest of 2% per month.
At MERIT's discretion, payment may be required in advance for new work done by MERIT.
V. LIABILITIES
We will indemnify and hold you harmless from and against demands, damages, and expenses caused by our negligent acts and omissions and breach of contract, and by the negligent acts and omissions and breach of contract of the persons for whom we are legally responsible. You agree to indemnify and hold us harmless from and against demands, damages and expenses caused by your negligent acts and omissions and breach of contract and by the negligent acts and omissions and breach of contract of persons for whom you are legally responsible.
In recognition of the relative risks, rewards and benefits of the project to both you and MERIT, the risks have been allocated such that you agree that, to the fullest extent permitted by law, MERIT's total liability to you for any and all injuries, claims, losses, expenses, damages, or claim expenses arising under these Terms and Conditions from any cause or causes, shall not exceed $1,000,000.00. Such causes include, but are not limited to, MERIT's negligence, errors, omissions, strict liability, breach of contract or breach of warranty.
In the event of a dispute arising under these Terms and Conditions, we shall resolve the dispute by good faith negotiations between the parties involved. If good faith negotiations fail, any dispute shall be submitted to non-binding mediation, except to the extent necessary to obtain injunctive relief. Each party will pay their own mediation fees.
Except for the obligation to pay for services rendered, neither party hereto shall be liable for its failure to perform here under in whole or in part due to contingencies beyond its reasonable control. These contingencies include but are not limited to strikes, riots, war, fire, acts of God, equipment failure, matrix interference, injunction to compliance with any law, regulations or order of any governmental body or any instrumentality thereof whether now existing or hereafter created.
Neither party will be liable to the other for special incidental, consequential, or punitive losses or damages including but not limited to those arising from delay, loss of use, loss of profits or revenue or the cost of capital.
If any of the provisions of these Terms and Conditions are held to be invalid or unenforceable, the remaining terms will be in full effect and will be construed as if the invalid or unenforceable matters were never included in it.
