Standard Terms and Conditions
The following Terms and Conditions are contract provisions applicable to all customer orders for Analytical Testing (LC-MS/MS, UHPLC, ICP-MS, ELISA, PCR, and rancidity testing) and are incorporated by reference into all testing orders from HRI Labs or any of its affiliates (collectively, “HRI Labs”). Please read these terms and conditions carefully since, among other things, they limit the liability of HRI Labs, including its affiliates, for Analytical Testing services.
The customer ordering (the “Customer”) is an existing or prospective customer of HRI Labs who desires to obtain from HRI Labs a laboratory analysis to identify whether samples of food/feed/environmental products contain nutrients, vitamins, contaminants, or any other constituent commonly identified through analytical chemistry or genetic testing.
The Customer will submit to HRI Labs an Analysis Order Form and Agreement, and the Terms and Conditions below are incorporated into the Order Form and Agreement and shall be additional terms applicable to all testing performed by HRI Labs for Customer and any of its affiliates.
Terms and Conditions
- HRI Labs shall not be responsible for determining whether the sample(s) tested are representative samples of the total quantity from which the samples have been taken. Samples sent to HRI Labs for testing will not be returned to Customer unless specifically requested in writing. Returns shall be made at Customer expense.
- As a safeguard to the industry and to HRI Labs’ reputation, and to promote high standards in relation to testing of food/feed/environmental samples, Customer agrees that it will not make any representations about HRI Labs other than with respect to test results for the specific food/feed/environmental products listed on an order form and subsequently reported in the Certificate of Analysis. Any other use of the name “HRI Labs” by Customer must be approved in writing by HRI Labs prior to said use. Customer will follow any guidelines of HRI Labs to preserve its trademarks and other intellectual property rights.
- In the event that credit has been granted by HRI Labs, Customer will pay all invoiced amounts within the stated term of the invoice date as indicated on the invoice. Any amount remaining unpaid later than the stated term will be considered past due and will accrue late payment charges at the rate of 1.5% per month until paid in full. Customer agrees to pay all collection costs, including reasonable attorney’s fees and court costs incurred by HRI Labs in collecting such past due amounts. HRI Labs, in addition to any other remedies available, may suspend all further testing for Customer until all past due amounts, late payment charges, and collection costs are paid.
- In the event of a material error by HRI Labs (i) in the performance of analysis or (ii) in the performance of any consulting services, HRI Labs’ sole obligation to Buyer shall be for HRI Labs to either (a) repeat the analysis or consulting services at HRI Labs’ own cost, or (b) refund or credit to Buyer the invoiced amount. In no event shall HRI Labs’ liability in connection with any sale hereunder exceed the contract price paid for the service in issue. HRI Labs’ liability, regardless of the form of action, shall not exceed the foregoing limitation of liability. In no event will buyer or any third party be entitled to, nor shall HRI Labs be responsible for, in contract, tort, strict liability, or otherwise, any incidental, indirect, special, or consequential losses or damage (including lost profits or revenue) arising in connection with HRI Labs’ default or breach of its performance obligations, or in connection with any other acts or omissions by HRI Labs.
- Buyer shall indemnify HRI Labs and its directors, officers, employees, and agents from any loss, cost, damage or expense (including reasonable attorneys’ fees) from any lawsuit, action, claim, demand or proceeding arising from or associated with, directly or indirectly, HRI Labs’ execution and/or performance of its services hereunder. However, the foregoing indemnification shall not apply in the event and to the extent that a court of competent jurisdiction determines that any loss arose as a result of the willful misconduct of HRI Labs.
- Any dispute arising out of or relating to these Terms and Conditions or HRI Labs’ Analysis (i.e., HRI Labs’ testing services) shall be governed by the laws of the State of Iowa. Any such disputes shall be resolved in the courts of Iowa, which shall have exclusive jurisdiction over such disputes.
- If any provision of these Terms and Conditions shall be deemed to be unenforceable, it shall not affect the remaining provisions of these Terms and Conditions.
- These Terms and Conditions may only be modified by an instrument in writing signed HRI Labs and the Customer.
P.O. Box 370
Fairfield, IA 52556
© 2016 HRI Labs. All rights reserved.