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Legal Disclosure

Terms and Conditions (T&C)

All laboratory analysis and other services ordered by Client and accepted by AAC shall be governed by these terms and conditions:

  1. All invoices are due and payable upon receipt unless alternate terms have been mutually agreed upon in writing prior to receipt of sample(s).  Invoices not paid within 30 days of receipt shall be subject to interest from the 31st day at the rate of 1.5% per month (18% per annum) not to exceed the maximum allowed by law.
  2. Client assumes responsibility for payment of AAC invoices whether or not Client receives payment from its client and Client has used AAC’s data for its project needs.
  3. AAC, after giving 10 days written notice, may suspend services under this agreement without liability until all past due invoices have been paid.
  4. Any dispute regarding an invoice or data must be reported to AAC in writing within seven (7) days of receipt of item.  AAC will not accept any liability after seven (7) days.  AAC's extent of liability for analysis and reports is limited to the dollar amount of the invoice(s) or the actual cost of re-analysis paid by the Client.
  5. Client has the option to check AAC’s references, performance evaluation records, and certifications before and during contract award.
  6. AAC’s obligation to indemnify Client for claims, actions, suits, proceedings, losses, liabilities, penalties, fines, damages, costs or expenses arising from AAC’s acts or omissions are covered under Professional Liability/Errors and Omissions insurance and shall be limited to AAC’s policy limits.
  7. AAC will provide our standard data package including QA/QC.  Any additional requirements such as chromatograms, raw data, etc., must be specified in writing before submitting sample(s) for analysis. 
  8. All samples received on Saturday or any samples to be analyzed over the weekend or a recognized Holiday must be by prior written arrangement and will be subject to additional charges.
  9. AAC will strive to meet mutually agreed upon turnaround times (TAT).  TAT starts upon the day of receipt unless received after 2:00PM, in which case, it begins the following business day.
  10. AAC will use approved or agreed upon methods per price quote.  Any deviation will be consistent with industry standards and will be recorded in the case narrative.
  11. Analytical data produced by AAC pertains to the actual sample material received and may not represent actual field conditions. AAC is not liable for samples collected using incorrect methodology.
  12. All shipping costs are the responsibility of the Client.  A valid shipping account number must be provided by the Client when placing an equipment order.  If a shipping account number is not available, AAC will ship equipment using its account and re-bill the charges on the project invoice with a 25% S/H mark-up.
  13. It is the Client’s responsibility to ensure that sample shipments comply with all applicable U.S. DOT/IATA shipping requirements.
  14. AAC reserves the right to refuse delivery for any sample(s) which, in the sole discretion of AAC, may pose health risks in handling, processing and/or analysis in the laboratory.  
  15. AAC will not analyze samples until the Chain of Custody (COC) is completed and signed,
  16. Any damage or loss of AAC equipment, i.e., Summa® canisters, flow controllers, etc., will be charged to the project at brand new replacement cost.  All damaged equipment received by Client should be reported in writing to AAC within 24 hours.  AAC does not allow our Summa® canisters to be sent to other laboratories for analysis.  Tedlar bag samples will only be kept for 7 days after results are reported to Client. 
  17. All Summa® canisters returned unused will be charged a cleaning fee of $35.00/canister.
  18. These Terms and Conditions, together with any additions or revisions which may be agreed upon by AAC and the Client in writing represent the entire Agreement and will become a binding contract between the two parties.  These Terms and Conditions shall supercede all previous communication, representations or agreements, either verbal or written, between the Client and AAC.  AAC specifically rejects inconsistent or conflicting terms, whether printed or otherwise set forth in any purchase order or other communication from the Client to AAC.

The invalidity or unenforceability in whole or in any part of any provision, term or condition hereof shall not affect, in any way, the validity or enforceability of the remainder of these Terms and Conditions, the intent of the parties being that the provisions are severable.  These Terms and Conditions, and any transactions or agreements to which they apply, shall be governed both as to interpretation and performance by the laws of the State of California, (Ventura County Venue).