TERMS AND CONDITIONS OF SERVICE AGREEMENT - OREGON

PRICING AND CHARGES: Prices to be charged for work performed are due at time order is placed. Cancellation of testing services when GREEN LEAF LAB (Hereafter, GLL) employee is in transit or on-site will incur an automatic fee of $250. Cancellation of order after sampling has begun or while sample in transit will result in a cancellation fee of 50% of order or $500, whichever is greater. No refunds provided for cancellation of order after samples have been delivered to laboratory. Reports may be withheld from release unless payment is current. Any checks from CLIENT returned for insufficient funds may be assessed a banking fee.

REPORT/CERTIFICATE CHANGE REQUEST: A fee of $50 will be assessed for all changes to any published certificates of analysis. It is CLIENT’S responsibility to ensure all information provided to GLL on all required documentation is correct.

DELIVERY & LIABILITY LIMITATIONS: GLL will analyze samples requested and provided by CLIENT in accordance with the procedures documented in the GLL Quality Manual (QM). GLL assumes no responsibility for the accuracy of any information related to the samples (whether GLL or CLIENT information) and shall not be liable if reliance on such information results in incorrect conclusions or results. CLIENT SHALL FURTHER INDEMNIFY AND HOLD HARMLESS GLL FROM AND AGAINST ALL LIABILITIES, LOSSES, COSTS, DAMAGES, CLAIMS (INCLUDING THIRD PARTY CLAIMS), OBLIGATIONS, FEES AND EXPENSES, ARISING OUT OF: (I) RELIANCE ON ANY INFORMATION THAT RESULTS IN INCORRECT CONCLUSIONS OR RESULTS; (II) BUSINESS LOSS, PERSONAL INJURY OR DEATH ALLEGEDLY CAUSED BY PROVISION OF SERVICES OR USE OF CLIENT’S PRODUCT BY ANY INDIVIDUAL. GLL may sub-contract out CLIENT sample. GLL does not guarantee turn-around times or timeliness of results.

CONFIDENTIALITY: GLL will use its best efforts to treat 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. GLL may be required to notify authorities of failed test results or other CLIENT information as required by law, regulation or code. It is the CLIENT’S responsibility to notify GLL in writing of any changes to persons listed on CLIENT INFORMATION FORM.

LIMITATION OF LIABILITY & WARRANTY: GLL GIVES NO WARRANTY, EXPRESS OR IMPLIED, OR OF FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ITS ANALYTICAL TESTING, SAMPLING, OR REPORTING. ANY LIABILITY OF GLL TO CLIENT OR ANY THIRD PARTY SHALL BE LIMITED TO THE COST OF ANALYSIS CHARGED TO CLIENT. IN NO EVENT SHALL GLL BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOST EXPENSES OR PROFITS) DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH ITS PERFORMANCE OR FAILURE TO PERFORM, EVEN IF THERE IS EVIDENCE OF KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. GLL DOES NOT GUARANTEE TURN-AROUND TIMES OR TIMELINESS OF RESULTS.

NET 30 ACCOUNTS: Upon approval of CLIENT NET 30 application, payment terms are NET 30 from the date of invoice. The following terms apply: CLIENT agrees to pay 3% FINANCING FEE if payment is not received within 30 days from invoice date. FINANCING FEE of 3% of monthly invoice assessed, until paid in full. CLIENT agrees to pay all GLL COLLECTION COSTS, including reasonable attorney fees and associated costs due to late or non-payment.

LITIGATION, APPLICABLE LAW & VENUE: Legal issues arising from work performed by GLL for CLIENT will be construed and interpreted in accordance with the laws of the State of Oregon; Venue of Multnomah County, Oregon. All costs associated with litigation, disputes, or any other purpose, will be paid by the CLIENT, including reasonable attorney fees and associated costs incurred by GLL.

By ordering GLL services, CLIENT consents to all of the above Terms and Conditions and binds and all of CLIENT’S SUCCESSORS IN INTEREST to the same Terms and Conditions. Client remains bound to the Terms and Conditions of this agreement regardless of an attempt by Client to delegate Client’s duties under this contract.  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. GLL reserves the right to refuse service for any reason.

Green Leaf Lab Addendum to Terms and Conditions Dated July 1, 2021.

If Green Leaf Lab (GLL) is subpoenaed regarding test results or is required to provide testimony on behalf of Client in a deposition, hearing or case related to testing methods, practices or test results, Client agrees to pay for GLL preparation time and time required for testimony at the following rate: Preparation for testimony: $250 an hour. Testimony: $500 for partial day (2 hours or less); $1000 for half day, (4 hours or less); $2000 for full day (8 hours or less).

Green Leaf Lab – Terms and Conditions
FN096  V.1.1.1  Effective 1.27.2020

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