Terms and Conditions

 

Terms and Conditions:

 

TEQ Analytical Laboratories (the “Company”) will provide to the Client (“Client”) the analytical services described below (the “Services”) upon the following terms and conditions.  Client hereby agrees that all orders for, statements of intent to purchase, or instructions to proceed with, the Services, which it’s submits to the Company are subject to these terms and conditions.  The Company hereby objects to any additional or inconsistent terms or conditions set forth in any communication; no such term or condition shall be binding upon the Company in the absence of a written consent signed by an authorized representative of the Company.

 

  1. Services and Fees. The Company provides the Services for the prices set forth on the attached Exhibit A.  Other services are available upon request for an additional charge to be agreed to between the parties before work commences.  The Company, in its sole discretion, may change the fees it charges for the services at any time without notice.
  2. Testing Standards. In performing the Services, the Company follows the testing standards set forth on Exhibit B.
  3. Payment Terms. Client shall tender payment for the Services at the time the Company provides the Services unless credit terms have been established.  Client may apply to the Company for credit terms; Company may grant or withhold credit in its sole discretion.  Pending the Company’s review of its application for credit, Client shall provide valid credit card information to pay the cost of the requested Services.  If the Company does not offer credit terms, Client authorizes the Company to apply any deposit or to bill Client’s credit card for all amounts then due for Services.  Performance of the Services, at all times are subject to the Company’s continuing credit approval of Client.  If Client fails timely to tender any payment to the Company, the Company may require advance payment or other security for future Services. For companies that have established credit terms, all invoices from TEQ Analytical Laboratories will be due within 30 days of receipt.  The unpaid balance of any invoice not timely paid shall accrue interest at one and one-half percent per month from the date the payment was due until the date the payment.  Client shall also pay all collection expenses, including reasonable attorneys’ fees Company incurs in collecting amounts due it from Client.
  4. Warranties.  The Company makes no warranty of any kind, express or implied, including, without limitation, the implied warranty of merchantability, fitness for a particular purpose except that the Services shall be of the Company’s standard quality.  THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED BY LAW. 
  5. Limitation of Liability.  Client assumes all risk and liability resulting from the use of the Services and the Company’s analysis of the results (the “Analysis”), whether used singly or in combination with other Services.  The Company is not responsible for variation in results and reproducibility.  Client understands and assumes all risk that sample results may not be successful or possible given any or all techniques utilized.  Client agrees to examine the Analysis upon receipt and, within ten (10) days after receipt, to notify the Company in writing of any exceptions noted.  Failure to so notify the Company and provide adequate documentation shall constitute a waiver of all claims with respect to the analytical services.  In addition, Client’s use of the Analysis, or any part thereof, in any manner shall be deemed Client’s unqualified acceptance of the Analysis.  Client’s exclusive remedy shall be for actual damages, and the Company’s total liability will not exceed the invoice price of the Services in respect to which any such actual damages are claimed.  The Company shall not be liable for any indirect, consequential or punitive damages suffered by Client in any way resulting from the Services or the Analysis, including but not limited to, lost profits.  The Company neither assumes any liability to a third party nor authorizes any person to assume any such liability in connection with the sale, purchase, delivery, use of performance of the Services performed hereunder.  Any action brought by the Client must be commenced within one (1) year after provision of the Services notwithstanding any statutory period of limitation to the contrary.
  6. No Waiver.  The provisions of these terms and conditions are in addition to and not a limitation or waiver of any legal or equitable rights or remedies of the Company.  These terms and conditions are complete and shall constitute the entire agreement between the Company and Client relating to the Services, unless other written conditions have been duly entered into by Client and the Company.
  7. Compliance of Services with Applicable Laws. All of the Services furnished hereunder shall be produce in compliance with the relevant requirements of sections 6,7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of The U.S. Department of Labor issued under Section 14 thereof. The Company shall also perform the Services in compliance with pertinent requirements of executive orders 11141 and 11246, as well as the Rehabilitation Act of 1973, as amended.
  8. Use of Results. The use of the Analysis, or other materials provided by the Company in connection with the Services, by anyone other than the Client is prohibited without the prior written consent of the Company, in its sole discretion.
  9. Intellectual Property. The Company’s logo, marketing materials, and any other trademarks or other rights in names, marks, and logos are, and shall remain, the exclusive property of the Company.
  10. Client Confidentiality. Client shall designate an individual or individuals as the primary contact(s) with whom the Company will communicate with respect to the Services and the Analysis.  Client’s primary contact shall have authority to provide instructions for Analysis, receive information, data and information and purchase Services.  The Company will not discuss any the Services or the Analysis with parties other than Client’s designated contacts.
  11. Assignment. Client may not assign any of its rights and obligations under these terms and conditions, including, without limitation, any payment obligations, without the prior written consent of the Company, in its sole discretion.
  12. Headings and Sections.  The headings in these terms and conditions are provided solely for convenience of reference only, and shall not be considered a part of these terms and conditions for purposes of interpreting or apply these terms and conditions.
  13. Entire Agreement.  These terms and conditions, including all exhibits hereto, constitute the entire agreement between the Company and Client pertaining to the subject matter hereof and supersedes all negotiations, preliminary agreements, and all other prior or contemporaneous discussions and understandings of the Company and Client, including all oral agreements.  The Client acknowledges that it relies exclusively on these terms and conditions and not on any oral or written representations or undertakings made by, or on behalf of, the Company.
  14. Governing Law.  These terms and conditions shall be construed in accordance with the laws of Colorado, without regard to its conflict of laws principles.
  15. Amendment.  These terms and conditions are subject to change at any time by the Company without the prior written notice to Client.

 

EXHIBIT A

SERVICES AND FEES

List is subject to change at any time without notice

Potency – Cannabinoids

                             THC

                             THCA

                             CBD

                             CBDA

                             CBN

                             CBC

                             CBG

                             CBGA

             

              Microbiology

                             E. Coli

                             Salmonella

                             Yeast and Mold

             

              Residual Solvents

                             Acetone

                             Butane and Isobutane

                             Benzene

                             Ethanol

                             Propane

                            Hexane

                            Toluene

                            Pentane

                            Heptane

                            Total Xylenes: m-Xylene, o-Xylene, y-Xylene

 

Pesticides

              Imidacloprid

              Imazalil

              Azoxystrobin

              Malathion

              Myclobutanil

              Bifenazate

              Spirotretramat

              Tebuconazole

              Spinosad (Mix of A and D)

              Permethrin (Mix of Isomers)

              Spiromesifen

 

Terpenes

(-)-alpha-Bisabolol (23089-26-1)
Camphene (79-92-5)
delta-3-Carene (13466-78-9)
beta-Caryophyllene (87-44-5)
Geraniol (106-24-1)
(-)-Guaiol (489-86-1)
alpha-Humulene (6753-98-6)
p-Isopropyltoluene (p-cymene) (99-87-6)
(-)-Isopulegol (89-79-2)
d-Limonene (5989-27-5)
Linalool (78-70-6)
beta-Myrcene (123-35-3)
Nerolidol (7212-44-4)
Ocimene (13877-91-3)
alpha-Pinene (80-56-8)
(-)-beta-Pinene (18172-67-3)
alpha-Terpinene (99-86-5)
gamma-Terpinene (99-85-4)
Terpinolene (586-62-9)

(-)-Caryophyllene oxide (1139-30-6)
1,8-Cineole (Eucalyptol) (470-82-6)