PRICING AND CHARGES: Prices to be charged for work performed are due at time order is placed. Cancellation of testing services when Abraxas Labs, LLC (Hereafter, AL) employee is in transit or on-site will incur an automatic fee of $100. Cancellation of order after sampling has begun or while sample in transit will result in a cancellation fee of 50% of order. No refunds for cancellation of any part or all of order after samples have been delivered to laboratory.
DELIVERY & LIABILITY LIMITATIONS: AL will analyze samples requested and provided by the CLIENT in accordance with the standard operating procedures, as well as processes outlined in the AL’s Quality Manual (QM). The analysis results are applicable ONLY to the sample tested in the laboratory and AL assumes no responsibility for the accuracy of such information and shall not be liable if reliance on such information results in incorrect conclusions or results. All analyses and interpretation of results shall be performed by a trained employee and signed off by the director. CLIENT shall indemnify AL for and against all liabilities, losses, costs, damages, claims, obligations, fees and expenses, if relying on such information results in incorrect conclusions or results. Samples are retained for 90 days in homogenized state and 15 days in extracted state, after which time AL will either 1) dispose of the samples, 2) provide the opportunity for the client to pick up the sample, or 3) in the cases when the client does not want the remainder of the sample back, AL may utilize the remainder of the sample of R&D purposes to improve or create an analytical technique. Reports may be withheld from release unless payment on past & current invoices is received. Although AL will make every effort to perform the analyses in a timely manner, AL does not guarantee turn-around times or timeliness of results.
CONFIDENTIALITY: AL has placed protocols in place to ensure that all information regarding work performed for CLIENT as proprietary and confidential. CLIENT information will be released only to persons listed on the CLIENT INFORMATION FORM, unless test results have failed. Under the Oklahoma Law, AL is required to notify the state authority of failed test results. It is the CLIENT’S responsibility to notify AL in writing of any changes to persons listed on CLIENT INFORMATION FORM.
LIMITATION OF LIABILITY & WARRANTY: AL gives no warranty, express or implied, or of fitness for a particular purpose, in connection with its analytical testing, sampling, or reporting for any product except the sample that was tested in the laboratory. Any liability of AL to CLIENT or any third party shall be limited to the cost of analysis charged to CLIENT. In no event shall AL be liable to CLIENT for any exemplary, punitive, indirect, incidental, special, or consequential (including lost expenses or profits) damages arising from or in any way connected with its performance or failure to perform under that agreement, even if the affected party has knowledge of the possibility of such damages. If AL provides a guarantee for a turn-around time. Such turn-around time guarantee shall be applicable only for the order placed by the client and must be in written form. In such cases, AL guarantee liability is limited to only the cost charged to the client.
PAST DUE ACCOUNTS: Accounts that are past 45 days will incur a 3% charge of the invoice amount each month, until the invoice is paid in full. Client agrees to pay the interest as a services charge and all of AL collection costs, including reasonable attorney’s fees.
APPLICABLE LAW: Legal matters arising from work performed by AL for CLIENT will be construed and interpreted in accordance with the laws for Tulsa County, in the State of Oklahoma.
NET 30 ACCOUNTS: Payment terms are DUE ON RECEIPT unless otherwise negotiated with the client in written form. In cases where a NET 30 term is offered to a client, the NET 30 term begins from the date of invoice, upon AL approval of CLIENT’s application for NET 30. An application submitted by a CLIENT must be reviewed and approved by the AL administrative time. If the application is approved, the following terms apply: CLIENT agrees to pay a 3% interest Finance Fee if payment is not received within 45 days from the day invoice is issued. The Finance Fee will be 3% of the invoice amount each month, until the invoice is paid in full. CLIENT agrees to pay all of AL collection costs, including reasonable attorney fees and associated costs due to late or non-payment. Notwithstanding the foregoing, AL reserves the right to refuse service for any reason, including for the reason that CLIENT already has a Net 30 balance exceeding the amount agreed to in the Application. Note: an option for Net 30 terms will not be available to any client unless otherwise approved, in writing, by the laboratory director.
Terms and Conditions are subject to change at any time without notice. Any order placed after the Terms and Conditions have changed will be subject to the new Terms and Conditions. Current Terms and Conditions can be found at abraxas-labs.com