Terms and Conditions
The (“Client”) hereby agrees to all of MicroTerra Analytical and Pathology Laboratories LLC (“MicroTerra”) Terms and Conditions by requesting any services provided by MircoTerra. This is to acknowledge receipt of you (“Client”) request for testing and analysis of your sample by MicroTerra. No employee of MicroTerra is authorized to change these terms and conditions orally.
1. PAYMENT AND FEES
Services requested by client are charged at the rates set forth on the MicroTerra Analytical and Pathology Laboratories LLC price list, available on the MicroTerra website. MicroTerra reserves the right to change its pricing schedule at any time prior to submittal of client’s samples to MicroTerra for testing. Cancellation of testing services while an employee of MicroTerra is in transit of onsite will result in a $100 charge. Cancellation of testing services after sampling has begun or while sample is in transit to the laboratory will result in a 50% cancellation fee of order.
2. TERMS OF PAYMENT
Payment in full is required for requested testing and analysis and is due at time the sample is submitted to MicroTerra unless previous written arrangements are made.
If a written open account arrangement has been made between MicroTerra and client to invoice charges for testing services, then the terms of payment are net fifteen (15) days from the date of MicroTerra’s invoice.
3. PAST DUE ACCOUNTS
Payment not made in full to MicroTerra when due shall be subjected to interest at a rate set forth by MicroTerra, which shall not exceed the maximum rate permitted by applicable law, from the date on which payment is due until paid in full. MicroTerra reserves the right, including other solutions, to terminate this Agreement or suspend further testing services under this or any other agreement with Client if payment is not made in full when due, including, but not limited to withholding test results until payment is received.
MicroTerra will utilize commercially reasonable efforts to treat all information of work performed for Client as proprietary and confidential. Client information shall only be released to persons listed on Client Information Form, with the exception of failed cannabis tests. Under Oregon Law, MicroTerra is required to inform the state authority of failed cannabis test results. The Client is responsible to update and modify in writing of any changes to persons listed on the Client Information Form.
5. USE OF NON-IDENTIFYING INFORMATION
When samples are submitted to MicroTerra you grant a royalty free license to use non-identifying information to publish, display, and compile test results of soil, tissue, and pathology tests and services.
6. GOVERNING LAW
Any legal matters arising from work performed by MicroTerra for Client will be construed and interpreted in accordance with laws for Linn County, in the state of Oregon. The Client agrees to submit to the personal and exclusive jurisdiction of the courts located in Linn County, Oregon, in connection with any actions arising under this agreement. The Client agrees that any cause of action arising out of or related to services performed by MicroTerra must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
7. LIMITATION OF LIABILITY & WARRANTY
MicroTerra gives no warranty, expressed or implied, or of fitness for a particular purpose, in connection with any of the provided services, sampling, or reporting. MicroTerra makes no warranty whatsoever with respect to any testing results. MicroTerra shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not limited to damages for loss of profits, business interruption, business reputation. Client shall indemnify MicroTerra for and against all liabilities, losses, costs, damages, claims, obligations, fees and expenses, if relying on such information results in incorrect conclusions or results. MicroTerra does not guarantee turn-around times.
8. AUTHORIZED REPRESENTATIVES & ACCURACY OF INFORMATION
The information provided on the Client Information Form is accurate to the best of my knowledge. The Authorized Representatives designated therein will be allowed permission to submit samples and engage in communications about the samples on behalf of the Client. Samples are only accepted on behalf of an Authorized Representative and results will only be delivered to an Authorized Representative, with the exception of necessity in compliance with Oregon State Law and associated regulatory bodies.
9. DELIVERY AND TESTING
Client is responsible for all materials until the sample has been obtained by MicroTerra personnel. MicroTerra reserves the right to refuse testing and analysis of samples that are suspected of not being representative of the test material. Samples provided to MicroTerra by Client for testing and analysis are retained for seven (7) days after testing, and then disposed of. MicroTerra will provide the requested testing and analysis of samples submitted by Client in accordance with the procedures and guidelines set forth by the Oregon Environmental Laboratory Accreditation Program (ORELAP), as well as procedures set forth in Microterra Quality Manual (QM) and Microterra’s Standard operating Procedures (SOP). MicroTerra reserves the right to subcontract out testing and analysis of samples.
10. FORCE MAJEURE
Performance of services provided by MicroTerra and/or subcontractor may be excused or delayed when such services are commercially impracticable due to strikes, war, shortages, weather events, or other events beyond the bounds of their control.