Terms and conditions

 

All services provided by XRD.US are subject to the terms and conditions stated herein. As our client, you understand and agree that placement of any order for our services constitutes acceptance of the terms and conditions stated herein. To the extent that any client order contains any terms or conditions that vary from the terms and conditions stated herein, all such additional or varying terms and conditions shall be of no force or effect, and shall not be part of the client-XRD.US relationship or contract, even if XRD.US performs the requested service.

CONFIDENTIALITY: Confidentiality is maintained in all interactions with clients. Appropriate confidentiality agreements are signed willingly. If information is subpoenaed and released through the operation of any judicial, regulatory, or similar process, the client is notified. In turn, the client agrees to respect this relationship of trust. The client agrees it will not use XRD.US name or data  in any manner which might cause harm to XRD.US reputation and/or business. Under no circumstances is the name of XRD.US  to be published, either alone or in association with that of any other party, without prior written approval.

PAYMENT TERMS: Payment terms are Net 30 days. Prices are subject to change without notice.

BILLING: All fees or bills are charged directly to the client, unless a third party has been approved with a signed statement of payment responsibility. It is assumed that the paperwork submitted with a sample describes the testing desired. If changes are made after the originally requested testing is initiated or completed, the client must accept payment responsibility. Please notify XRD.US immediately if changes in testing are necessary.

SAMPLE SUBMISSION: Sample submission should be made using XRD.US  Order Form. Please include all information requested on the Analysis Order Form. Ship samples according to the procedure described in the XRD.US Sample Shipping Instructions. Samples will be retained for a period of 2 weeks after reporting results. If your sample needs to be retained longer than this, please contact us. Storage fees may apply. Hazardous Material samples may be returned to client at our discretion and a return fee will be added to the analyses. 

HAZARDOUS AND RADIOACTIVE SUBSTANCES: Any sample containing or suspected to contain elevated above the background levels of radioactivity or substance that is considered hazardous must be clearly identified on the container and such information needs to be communicated to XRD.US before shipping. XRD.US reserves the right to refuse any sample which may pose a risk to its employees.

DATA FILE SUBMISSION AND ELECTRONIC COMMUNICATIONS:  Any electronic submission, including data files on magnetic media and attachment to e-mail messages, transferred via FTP should be free of viruses. 

RUSH ANALYSIS: XRD.US policy is to provide 10 working day turnaround. Rush analysis is offered contingent upon pre-notification and approval by XRD.US. A rush fee surcharge of the list fee will be added to the invoice for each analysis completed on a rush basis.

RECHECK ANALYSES: Rechecks performed at the client’s request may be charged to the client according to the following procedure. If the recheck confirms the original results, the client is charged for the duplicate assay; if the recheck results significantly differ from the original result, the client will not be charged for the duplicate assay.

LITIGATION: All costs associated with litigation or dispute including compliance for all document subpoena, for oral or written testimony or preparation of same, or for any other purpose related to work provided by XRD.US in connection with analyses/reports performed/completed for the client, shall be paid by the client. Such costs include, but are not limited to, hourly charges, travel, and accommodations, mileage, counsel, and all other expenses associated with said litigation dispute.

WARRANTY AND LIMITS OF LIABILITY: XRD.US warrants that all services will be performed in a timely manner by competent personnel. THE FOREGOING EXPRESS WARRANTY IS EXCLUSIVE AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. WE DISCLAIM ANY OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING A WARRANTY OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. Any services performed by XRD.US under proper technical direction by client which are determined by client to have been performed improperly in light of the above warranty, and which after investigation by XRD.US are acknowledged in writing by XRD.US Managing Director to have been performed improperly, shall be corrected by XRD.US  without charge to client, provided that client provides XRD.US  with a written request for such correction within two months after client knew or should reasonably have known of the problem. In no event will XRD.US  be liable for any indirect, consequential, incidental, punitive, or special damages or for acts of negligence that are not intentional or reckless in nature, including, without limitation, damages for lost profit, business interruption, or other pecuniary loss, regardless of whether XRD.US has been advised of the possibility of such damages. Client further understands and agrees that XRD.US total liability  for damages relating to, or arising in connection with, any services hereunder, regardless of the form of action or theory of recovery, shall not exceed the lesser of Client’s actual damages or $2,500. XRD.US  provide no guidance regarding and accept no legal responsibility for the purpose for which the client uses the test results or reports, and shall have no legal responsibility for any consequence of such use. Client agrees to indemnify and defend XRD.US  from all claims, damages, liabilities, and expenses relating to Client’s use of XRD.US services or Client’s marketing, distribution, sale, or other dissemination of Client’s products or services. The allocations of liability in this Section represent the agreed and bargained-for understanding of the parties and XRD.US fees for the services provided hereunder reflect such allocations.

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XRD.US    3590 Route 9, Suite 107, Cold Spring, New York 10516 USA. (Ph  845 208 7029. Fax 845 208 7030)