Your Expert on Plankton Analyses and Aquatic Invasive Species
General terms and conditions of services
For laboratory analysis
Sampling and Shipping of samples
The client is fully responsible for the quality of samples, including the correct implementation of sampling protocols to ensuring the quality of samples and analyses. Clients are fully responsible for shipping samples and in compliance with environmental laws and regulations, and to ensuring that Enviro-Responsible receive samples in perfect condition.
Enviro-Responsible assumes full responsibility for the processing of samples upon reception and acceptance and will not be liable or responsible for any damages caused to samples because of shipping, and so will notify the client of the condition of samples as soon as they are delivered.
Disposal of samples
The disposal of samples is included with all services, and it is performed in compliance with existing laws and regulations. However, samples will be retained and stored in their original container for 45 days after analyses are completed for quality assurance and reclamations, unless otherwise stated in a contract agreement with the client. After the 45 days period, all samples will be disposed, unless a formal request is made to Enviro-Responsible to return samples to the client or to perform new analyses. Enviro-Responsible cannot offer long term storage services.
The total costs associated with returning samples, including shipping costs, and of any other activities, materials, and supplies required for returning samples, as well as any associated fees are to be paid by the client.
Samples, and information generated from the services provided
Property and rights
All samples, data, and any related information generated as a result of providing services under the terms and conditions of Enviro-Responsible shall be and remain the property of the client. In addition, the client gives its rights to Enviro-Responsible for using all data, and information generated from the services provided, as for the analysis of samples, to be used in research, development projects, research collaborations, events, and publications unless stated in the contract agreement and only in the case of extreme need of keeping information strictly confidential or by law.
Any discoveries or inventions generated or developed by Enviro-Responsible as a result of providing a service shall be and remain the property of Enviro-Responsible. The client can share reports and results with third parties at their convenience. For quality assurance, Enviro-Responsible will keep all information generated from the services provided for five years, including paper and electronic records, unless otherwise stated in a contract agreement with the client.
Submission of results and information
All data and information generated from the service provided is communicated to the client in the form of a report, excel file, paper, and/or electronic records, as soon as analyses are completed, and when permitted according to the deadline set out in the contract. All information generated from the provision of a service will be sent to the client by email, including scanned copies of the paper data records.
Deadlines for services
Enviro-Responsible will ensure that all necessary measures are taken, and resources are in place to provide a service of excellence, and according to the highest, current, and most available scientific knowledge and methodologies within the standard timeframe offered by Enviro-Responsible for the specific service.
Analysis could take up to 45 days depending on the amount of samples and type of analysis. Unless otherwise stated in a contract agreement with the client, timelines may be adjusted only if they do not compromise the quality of services that will be provided. In addition, the client is entitled to follow up with inquiries on the progress of the services provided at anytime of the process, and information will be provided in a timely manner, according to the client’s needs, for its complete satisfaction, according to the Enviro-Responsible terms and conditions of service following high standards for technical service, and customer satisfaction.
Enviro-Responsible will do its best to meet any deadlines set out in the contract agreement with the client, because it is our priory to offer the best service for the complete satisfaction of our clients. However, in the case of extreme circumstances (e.g. sudden interruption of services because of force majeure) and depending on the type of analysis, deadlines for services may be affected and Enviro-Responsible will not, in any case, be held responsible or obligated to respect deadlines set out in the contract agreement with the client. Enviro-Responsible is not obligated to compensate clients for delays on services and for not meeting deadlines.
Payment for services provided
All payments for services are due 30 days following the date on the invoice. Invoice will include details of the services provided and those stated in the signed contract agreement with the client, including any amendments made, and according to the terms and conditions of services provided by Enviro-Responsible. The client must pay separate for any changes requested to the service agreement, specifically any changes to the analysis of samples after the analysis has started, and before any new analyses are performed. Any request for changes to the service agreement must be made in writing, and it is subject to approval by both parties before providing the service.
Legal Facts
Indenisation, liability, and litigation
Enviro-Responsible agrees to indemnify the client for gross negligence or misconduct on the part of Enviro-Responsible or its staff members unless such negligence is a result of negligent or willful omissions on the part of the client. Client agrees to indemnify Enviro-Responsible for gross negligence or misconduct on the part of client or its agents unless such gross negligence is the result of negligent or willful omissions on the part of Enviro-Responsible.
The client understands and agrees to limit the liability of Enviro-Responsible to the cost of services provided or the damages incurred, whichever is less. In the case of litigations, the client agrees to assume all costs associated with the formal and official request for documents of testimony. Enviro-Responsible and the Client waive the right to a trial by jury.
Confidentiality of information
All information that is generated as a result of the services provided, including the analysis of samples, will be kept confidential and will only be provided to the client, and if required to personnel designated by the client and stated on the service agreement or contract, unless required by law. In any circumstances, the client agrees to not make use of the information generated form providing services in a form that may harm the business of Enviro-Responsible.
Warranty of services provided, inquiries
Enviro-Responsible warrants the accuracy of any service provided, and of the analysis performed on samples as the samples are submitted, but not on the use of results from analyses. Any questions or concerns regarding reports, and data provided from analyses must be submitted to Enviro-Responsible within 15 working days of the client receiving the service. In the case Enviro-Responsible is submitting an effective response to inquiries or concerns to the client, it will only be guaranteed and limited to the cost of the analysis provided.