When a Client requests analytical or other services from Teklab, Inc., (hereafter referred to as Teklab) the terms and conditions set forth in this agreement shall prevail. Requests for services may be in the form of a purchase order, electronic order, telephonic order or verbal order. Client’s act of sample delivery or shipment to Teklab accompanied by a properly signed Chain of Custody shall constitute acceptance by Client to do business with Teklab under the terms and conditions of this agreement. Any conflicting and/or preprinted terms and conditions of any Client request/purchase order are null and void. Any third party agreements between Client and another party are in no way to be incorporated into this agreement unless agreed to in writing by Teklab and Client. This agreement may be amended only by written agreement between Teklab and Client.
Terms and Conditions
Fees for analysis or other services requested by Client shall be the current Teklab listed pricing schedule unless otherwise agreed to by Teklab and Client. Other pricing agreements may be in the form of a Teklab pricing quote. Teklab reserves the right to charge additional fees for expedited analytical results when Client requests expedited results, as determined by Teklab. No discounted pricing shall be accepted for analytical results which take longer than the initially agreed upon time frame, unless specifically agreed to by Teklab and Client. Teklab reserves the right to change its listed pricing without notification.
Teklab shall perform its services in a manner consistent with the Teklab Quality Assurance/Quality Control (QA/QC) manual and Teklab’s Standard Operating Procedures (SOP’s) in effect at the time of the agreement. It is the responsibility of Client to ensure that Teklab’s QA/QC manual and SOP’s conform to Client’s specific requirements. Teklab reserves the right to deviate from its QA/QC manual and/or SOP’s provided that the deviations are consistent with generally accepted industry practices and are deemed necessary, by Teklab personnel. In the event that Client desires deviations from the Teklab QA/QC manual or SOP’s Client must submit the request in writing prior to submission of samples to Teklab. It is the responsibility of Client to submit any project or permit specific required methodologies, reporting limits or other information prior to the submission of samples to Teklab.
Teklab reserves the right to refuse acceptance of samples or return previously accepted samples to Client when such action is deemed warranted by the Teklab laboratory director or his/her representative. It is the responsibility of Client to inform Teklab, prior to sample submission, when samples are known to be involved with litigation or known to be hazardous. Client shall submit all samples either through personal delivery, via a courier (such as the U.S. Mail, UPS, Federal Express, etc.) or through submission to a Teklab employee at a location other than the facility located at 5445 Horseshoe Lake Road. A properly completed Chain of Custody must accompany all samples.
It is the responsibility of Client to ensure that all samples are collected in accordance with generally accepted sampling protocols or site specific sampling requirements. It is the responsibility of Client to ensure that all samples are shipped or transported in a manner consistent with all federal, state or local laws. The risk of loss or damage to any sample shall remain with Client until Teklab sample acceptance is complete. Sample acceptance shall be completed once Teklab personnel have signed the properly completed Chain of Custody that accompanied the samples. It is the responsibility of Client to ensure that all samples are received with an adequate amount of time for Teklab to perform analysis within the applicable holding times, as specified in the Teklab QA/QC manual. Samples with holding times of seven days or greater must be received with, at least, four days of holding time remaining. Samples with holding times less than seven days must be received with, at least, one half of the holding time still remaining. Teklab reserves the right to charge and Client agrees to pay additional fees for samples received with less than the above stated holding times remaining.
Go here for a full description of our sample acceptance policy. TO15 NOTE: The data and associated QC analyzed by Modified TO-15 are compliant with the project requirements or laboratory criteria with the exception of the deviations noted in the case narrative page of the final report. When sampling; Teklab recommends use of canisters to ensure data defensibility and compliance with the TO15 method, but will report results from sampling bags at client request. These results will be non-compliant with the TO15 method and as such will not have NELAP in the certification column of the final report.
Either Client or Teklab may terminate this agreement by sending written Notice of Termination. Upon termination, Client shall be invoiced for services performed and charges incurred prior to termination.
(a) Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain acceptable Quality Control results, and the affected party shall be excused from performance during the occurrence of such events;
(b) This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns;
(c) This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, whether written or oral, that may exist between the parties;
(d) This Agreement shall be construed in accordance with the law of the state of Illinois; and
(e) All written notification required by this Agreement shall be by Certified Mail, Return Receipt Requested. If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be severed from and shall not affect the remainder of this Agreement; however, the parties shall amend this Agreement to give effect, to the maximum extent allowed, to the intent and meaning of the severed provision. In the event Teklab successfully enforces its rights against Client hereunder, Client shall be required to pay Teklab’s attorneys’ fees and court costs.
Website Usage and Disclaimer
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