Azzur Labs, LLC
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    TERMS AND CONDITIONS

    REGULATORY RESPONSIBILITY: 

    When a client requests for Azzur Labs, LLC to develop a testing protocol, Azzur Labs, LLC. may provide the client with options and alternatives for testing, but does not assume the client's responsibility for determining the suitability of testing for the Client's use and or meeting applicable regulatory requirements. By submitting samples or signing a PO or a chain of custody the client accepts Azzur Labs offer to perform testing as described herein. The client further acknowledges that they have assessed the suitability of the testing relative to their product and assessed any regulatory requirements related to the testing of their product. 

    TEST AND CONTROL ARTICLE CHARACTERIZATION:

    The Client is responsible for test/control article characterization. This includes, but is not limited to, identity, strength, purity, and stability. Azzur Labs makes no warranties about the representative nature of the test/control article submitted by the study Client. 21 CFR Part 58 Subpart F Sec 58.105, 16 CFR Part 160 Subpart F Sec 160.105

    SAMPLE RETENTION: 

    Azzur Labs does not retain samples after testing unless otherwise negotiated.  Samples will be discarded or returned as specified on the Chain of Custody form.

    INTELLECTUAL PROPERTY: 

    All reports and letters issued by Azzur Labs are for the exclusive use of the Sponsor to whom they are addressed. Reports or protocols may not be reproduced except in their entirety. No quotations from reports or use of the corporate name, “Azzur Labs, LLC.” is permitted except as expressly authorized by Azzur Labs in writing. Protocols are the intellectual property of Azzur Labs. Protocols are issued to our customers for review and input into the services that we provide. However, issuance and/or billing for a protocol does not indicate a transfer of ownership of intellectual property owned by Azzur Labs. 

    SAMPLE ADEQUACY: 

    The significance of any data is subject to the adequacy and representative character of the samples tendered for testing. Azzur Labs warrants that all tests are performed in accordance with established laboratory procedures and standards. Azzur Labs makes no other warranties of any kind, express or implied.

    The customer must ensure, and hereby warrants, that no sample poses any danger, including on its site, during transportation, in the laboratory or otherwise to Azzur Labs, LLC premises, instruments, personnel or representatives. It is the customer’s responsibility to insure compliance with hazardous waste regulations, including regarding information, transportation and disposal and to inform Azzur Labs, LLC personnel or representatives about sample health and safety concerns, including any known or suspected toxic or other contaminant that may be present in the sample and its likely level of contamination as well as the risks to Azzur Labs, LLC premises, instruments, personnel and representatives related to the contamination. The customer shall be responsible for, and indemnifies Azzur Labs, LLC against, all costs, damages, liabilities and injuries that may be caused to or incurred by Azzur Labs, LLC or its personnel or representatives including on the sampling site, during the transportation or in the laboratory by the customer’s sample or by sampling site conditions. The customer shall bear all extraordinary costs for adequate disposal of hazardous waste resulting from the sample, whether or not described as hazardous waste. At Azzur Labs, LLC request, the customer must provide Azzur Labs, LLC with the exact composition of the samples. 

    LIMITS OF LIABILITY:  

    Azzur Labs expressly states that it makes no representation or warranty regarding the adequacy of the samples tendered for testing for any specific use or application, that determination being the sole responsibility of the Client. Azzur Labs liability for any loss or damage resulting from its actions or failure to act shall not exceed the cost of tests performed, and it shall not be liable for any incidental or consequential damages.

    DOCUMENTATION: 

    All test procedures, final reports and other auxiliary documentation on file that Azzur Labs utilized for performing the testing identified in this protocol will contain sufficient detail to ensure reproducibility of results from test interval to test interval as well as at other labs if required.

    REPORT DISCLAIMER

    All reports, letters and protocols issued by Azzur Labs are for the exclusive use of the client/customer to whom they are addressed and for such other parties as client/customer shall disclose in writing to Azzur Labs. Reports may be distributed without permission if issued in their entirety. No quotations from reports or use of the corporate name is permitted except as expressly authorized by Azzur Labs in writing. The significance of any data is subject to the adequacy and representative character of the samples submitted for testing.  Azzur Labs warrants that all tests are performed in accordance with established laboratory procedures and standards. Azzur Labs makes no other warranties of any kind, expressed or implied. Azzur Labs expressly states that it makes no representation or warranty regarding the adequacy of the samples submitted for testing for any specific use or application, that determination being the sole responsibility of the client. Liability for any loss or damage resulting from Azzur Labs actions or failure to act shall not exceed the cost of test performed. Moreover, Azzur Labs shall not be liable for any incidental or consequential damages.  A client must also understand that if Azzur labs is requested to give preliminary results of any kind that only the final report after is has been reviewed and approved by Azzur Labs quality unit is considered valid.

    PAYMENTS

    Azzur Labs will apply a minimum reporting fee of $60.00.  

    Azzur Labs, LLC accepts checks all major credit cards, EFT and checks drawn on US banks.

    Negotiated volume or other discounts will be applied to invoices paid within terms listed on the invoice.

    Unless specifically accepted in writing and signed by an officer of Azzur Labs, LLC, any terms proposed or submitted by a customer at any time (including, but not limited to, terms or provisions in the customer’s purchase order, instructions or other document) which differ from these Terms and Conditions are rejected as a material alteration of these Terms and Conditions and shall be of no force or effect. Furthermore, special terms or conditions of prior orders, including special pricing, will not automatically apply to subsequent orders. Each order accepted by Azzur Labs, LLC will be treated as a separate contract between Azzur Labs, LLC and the customer.  A request for additional services on samples that have entered the laboratory will be treated as a new order and may postpone estimated delivery date accordingly.

    Unless specifically agreed otherwise by Azzur Labs, LLC in its acceptance of an order, payment of all invoices is due strictly within 30 days of the invoice date. Any dispute about invoices must be raised within 30 days of the invoice date. The challenge of an analytical result will not entitle a customer to defer payment. Any invoice which remains outstanding after due date, may be additionally charged with an administrative penalty of Seventy Five Dollars ($75) and may carry interest at the rate of one percent (1%) per month or the maximum interest rate permitted by applicable law, whichever is lower.

    Azzur Labs, LLC is entitled to require payment of up to 100% of the quoted order price as a condition of acceptance.

    The customer must ensure, and hereby warrants, that no sample poses any danger, including on its site, during transportation, in the laboratory or otherwise to Azzur Labs, LLC premises, instruments, personnel or representatives. It is the customer’s responsibility to insure compliance with hazardous waste regulations, including regarding information, transportation and disposal and to inform Azzur Labs, LLC personnel or representatives about sample health and safety concerns, including any known or suspected toxic or other contaminant that may be present in the sample and its likely level of contamination as well as the risks to Azzur Labs, LLC premises, instruments, personnel and representatives related to the contamination. The customer shall be responsible for, and indemnifies Azzur Labs, LLC against, all costs, damages, liabilities and injuries that may be caused to or incurred by Azzur Labs, LLC or its personnel or representatives including on the sampling site, during the transportation or in the laboratory by the customer’s sample or by sampling site conditions. The customer shall bear all extraordinary costs for adequate disposal of hazardous waste resulting from the sample, whether or not described as hazardous waste. At Azzur Labs, LLC request, the customer must provide Azzur Labs, LLC with the exact composition of the samples.

    Delivery dates and turnaround times are estimates and do not constitute a commitment by Azzur Labs, LLC. Nevertheless, Azzur Labs, LLC shall make commercially reasonable efforts to meet its estimated deadlines. Results are generally sent by email and/or by USPS mail, or via other electronic means, to the attention of the persons indicated by the customer in the order, usually within 10 business days  after the analysis is completed. 

    Should a court waive, limit or hold to be invalid, illegal or unenforceable any part of these Terms and Conditions, all other parts shall still apply to the greatest extent possible. Failure by either Azzur Labs, LLC or the customer to exercise the rights under these Terms and Conditions shall not constitute a waiver or forfeiture of such rights.

    Governing Law/ Jurisdiction

    Should a court waive, limit or hold to be invalid, illegal or unenforceable any part of these Terms and Conditions, all other parts shall still apply to the greatest extent possible. Failure by either Azzur Labs, LLC or the customer to exercise the rights under these Terms and Conditions shall not constitute a waiver or forfeiture of such rights.

    The construction, validity and performance of these Terms and Conditions shall be governed by the laws and the commercial courts of Lehigh County, PA