Terms and Conditions
Standard Terms and Conditions
The following terms and conditions apply to the Services to be provided by Maxxam Analytics International Corporation (“Maxxam”). For the purposes of this document “Services” includes the services provided by Maxxam as described or reported on the preceding pages, and includes all related services and reporting thereon. In the event of a conflict between these and any other terms and conditions contained in any purchase order or other documentation relating to the Services not specifically agreed to in writing by Maxxam, these terms and conditions shall govern.
Maxxam’s sole responsibility is to perform its Services in accordance with commonly accepted professional standards using accepted, and where applicable, accredited testing methodologies and procedures, unless lesser standards or methods are prescribed by the client. Maxxam’s liability in connection with the performance or non-performance of Services is to the Client only, and does not extend to the Client’s or Maxxam’s successors, assigns, associates, affiliates, officers, employees, directors, contractors, customers or to any other third party, and is limited to the actual cost of the specific analysis included in the Services. Maxxam has no liability whatsoever for indirect, consequential, exemplary, incidental, special or punitive damages including lost profits, even if Maxxam has been advised of the possibility of such damages. Except as aforesaid, Maxxam disclaims all warranties, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose. The client agrees to indemnify and hold Maxxam harmless from all claims, damages and losses including the cost of defence in connection with or arising out of performance of the Services, except only as aforesaid.
All results and information obtained by Maxxam will be held in strict confidence unless (i) the Client directs otherwise in writing, (ii) any disclosed information is at the time of its disclosure or subsequently become generally available to the public without breach of any confidentiality agreement by Maxxam, or (iii) disclosure is compelled by law, in which event Maxxam will use commercially reasonable efforts to give Client prior written notice of any disclosure to be made, and at Client’s expense, Maxxam shall cooperate fully with Client to obtain protective orders, confidential treatment or other such protective action as may be available to preserve the confidentiality of the information required to be disclosed.
Proof of insurance is available upon request.
Published prices for analytical services may be subject to change without prior notice.
Quality Assurance and Quality Control
Maxxam reserves the right to analyze customer samples without consent as part of QA/QC procedures.
Maxxam will retain for a minimum of 30 days from receipt for no additional cost. Longer storage periods are available upon request, but additional charges may apply. Maxxam reserves the right to return unused portions of samples to the client, at the Client’s expense.
Maxxam will safely dispose of any unused samples in accordance with local environmental regulations. A disposal fee may apply.
Samples which are suspected to be hazardous, must be clearly marked as such prior to submission to the laboratory. These samples may be returned to the Client or disposed of by Maxxam at additional cost.
A minimum charge may be applied to analytical submissions to cover the cost of containers, shipping and project management expenses.
Net 30 days, 1.5% service charge per month on overdue accounts. Purchase order, cheque or credit application may be required before work commences. Accounts overdue by 90 days or more may be referred to a collection agency. Maxxam reserves the right to withhold data or refuse samples on overdue accounts.
Maxxam requires a credit application to be completed to set up an account, and updated credit information provided on an annual or as requested basis. Based on the result of the credit application an appropriate credit limit will be established. Maxxam reserves the right to withhold data or refuse samples once this limit has been reached.
Chain of Custody
Chain of Custody forms (“COC”) will be provided and must accompany samples to document the transfer of samples from the field to the laboratory. Complete instructions as to analysis and reporting requirements are to be included. A signed COC provides authorization from the Client to Maxxam to proceed with the testing under our standard terms and conditions. Failure to sign the COC may result in delays of turn around time or processing samples, or refusal to accept samples.
Return Shipping of Samples
Maxxam assumes no responsibility for samples or sampling supplies that are lost or delayed as a result of independent couriers.
Sampling Supplies (Single Use)
Sample bottles, preservatives, labels and COCs are available when requesting services. Contact your client service representative for minimum sample size requirements, sampling protocols and/or to place an order. Some sample containers are available only on a cost or rental fee basis, please refer to your client service representative for more details. A charge may apply for containers ordered, but not returned to Maxxam for testing.
Rental Sampling Equipment
Sampling supplies including summa canisters, compressed breathing air cylinders, air media, glassware and pumps are provided to the Client for a rental fee or as part of an analytical package. The Client assumes full responsibility for replacement costs.