Terms & Conditions

Laboratory Services Agreement

NH Lab Sample Acceptance Policy

Unless otherwise specified in a formal contract or otherwise provided in a written purchase order, services provided by Endyne, Inc (herein referred to as “laboratory”) are limited to the terms and conditions stated herein.

Confidentiality: The laboratory is committed to providing strict confidentiality. If information is subpoenaed and must be released to a regulatory agency or legal body, the client will be notified.

Warranty and Liability: The laboratory warrants that work will be performed in accordance with standard methodologies and professional standards, as well as the regulation of the NYS Environmental Laboratory Approval Program. In the event of error, omission, or other professional negligence or any breach of the above warranty, the sole and exclusive responsibility of Endyne, Inc shall be to re-perform the deficient work at its own expense, and the laboratory shall have no other liability.

Contracts: All contracts must be approved and signed by the laboratory prior to acceptance.

Litigation: The client shall be responsible for all costs associated with the laboratory’s compliance to any subpoena for documents and/or testimony in courts of law for purposes relating to the client’s samples. Such costs include, but are not limited to, the hourly charge for persons involved in responding to subpoenas, travel and accommodations, mileage charges, advice of legal council, and attorney’s preparation of the testifier.

Analytical Service Requests: The laboratory reserves the right to refuse samples which in our sole judgement may pose a hazard when handling, processing, or transporting. No samples will be accepted if they are not accompanied by acceptable paperwork. If this paperwork is unclear, the client will be contacted for clarification prior to the sample(s) being analyzed. Samples that have a sample receipt time of 1500 hours (3 PM) will be considered the next day’s business in terms of analytical response time. Any changes in analytical services must be submitted in writing. If these changes are requested after work has been completed, the client shall be financially responsible for services rendered. Client will be notified on the chain-of-custody, if feasible, of any samples that will be subcontracted. All such work will be subcontracted to another NYS accredited lab. The laboratory will not be liable for subcontracted services.

Shipping: the client will properly package, label, and transport all hazardous, or suspected hazardous materials.

Payment Terms: Advanced payment is required for all clients except those with pre-approved credit with the laboratory. For those clients with approved credit, the terms are net 15 days. Delinquent accounts will be closed and balance will be due immediately and before any more analysis are reported. Interest payments of 1.5% per month will be payable on any amount not paid in 15 days. Attorney’s fees or cost incurred to collect delinquent amounts shall be paid by the client.

Billing: All fees are billed directly to the client. Third party billing will only be accepted if arrangements are made in advance with all parties present.

Fee Discounts: Fee discounts may be requested, in writing, on the basis of the number of samples submitted in one project, the scope and complexity of the project, and the scheduling situation expected upon arrival of the samples. Quotations may only be completed by the laboratory director and only quotations issued in writing will be honored.

Expedited Services: Standard turnaround times are 5 working days for coliform samples and 10 working days for most other work. Rush service is available through consultation prior to sample(s) arrival. Surcharges will be applied for rush analysis requests.

Special Reporting Provisions: The laboratory will provide one copy of the final report. Customized reports that differ from the laboratory’s normal format will bear additional charges to compensate for the time spent in their production. These include, but are not limited to, client specific QA/QC formats, inclusion of bench sheets, reports on computer disks, additional copies, and electronic transmission of results.

Reproduction of Reports: No report may be reproduced, except in its entirety, without prior written approval from the laboratory.

Retention of Reports: Reports will be archived for a period of 10 years after results have been reported to the client. If the client requests additional copies of their reports in this time frame, an additional charge will be invoiced. At the end of the 10 year period, the reports will be destroyed unless the laboratory has received written notification that the report is being used in litigation and must be retained.

Retention of Samples: Samples will be routinely retained for a period of one month after sample receipt. If the client requests the samples be held for a longer period of time, arrangements may be made, in writing, prior to the end of the one-month period. There may be an additional charge applied to the project if extended periods of sample storage are requested.

Return of Samples: The laboratory may return any sample to the client at the expense of the client. The client may authorize the laboratory to properly dispose of hazardous samples if the client pays for the disposal.

Right to Stop Work: In the event the client fails to pay for services rendered within 15 days after the date of any invoice then, in addition to any other rights of remedies provided by law, the laboratory will suspend any further work for the client and retain any and all of its work not yet delivered to the client. The client shall have no right to use the work of the laboratory for any purpose until it has been paid in full.

The laboratory will not be responsible for delays or failure to perform service, pursuant to this agreement due to cause beyond our control such as natural events, power failures, equipment failures, etc.

By relinquishing this work to Endyne Inc, I have reviewed the terms and conditions to be provided and agree with these terms and authorize Endyne, Inc to provide these and other services requested.