Terms and Conditions
Pricing and Charges
Prices to be charged for work performed are due at time the order is placed. Cancellation of testing services when ORIGO LABS, LLC (Hereafter, ORIGO LABS) employee is in transit or on-site will incur an automatic fee of $150. Cancellation of order after sampling has begun or while sample in transit will result in a cancellation fee of 50% of order. No refunds for cancellation of any part or all of order after samples have been delivered to laboratory.
Delivery and Liability Limitations
ORIGO LABS will analyze samples requested and provided by CLIENT in accordance with the procedures documented in the ORIGO LABS Quality Manual. ORIGO LABS assumes no responsibility for the accuracy of such information and shall not be liable if reliance on such information results in incorrect conclusions or results. CLIENT shall indemnify ORIGO LABS for and against all liabilities, losses, costs, damages, claims, obligations, fees and expenses, if relying on such information results in incorrect conclusions or results. Samples are retained for 15 days and then disposed of. ORIGO LABS may sub-contract out CLIENT sample. Reports may be withheld from release unless payment on past & current invoices is received. ORIGO LABS does not guarantee turn-around times or timeliness of results.
Confidentiality
ORIGO LABS will use its best efforts to treat all information regarding work performed for CLIENT as proprietary and confidential. CLIENT information will be released only to persons listed on the CLIENT INFORMATION FORM, unless test results have failed. Under Illinois Law, ORIGO LABS is required to notify the state authority of failed test results. It is the CLIENT’S responsibility to notify ORIGO LABS in writing of any changes to persons listed on CLIENT INFORMATION FORM.
Limitation of Liability and Warranty
ORIGO LABS gives no warranty, express or implied, or of fitness for a particular purpose, in connection with its analytical testing, sampling, or reporting. Any liability of ORIGO LABS to CLIENT or any third party shall be limited to the cost of analysis charged to CLIENT. In no event shall ORIGO LABS be liable to CLIENT for any exemplary, punitive, indirect, incidental, special, or consequential (including lost expenses or profits) damages arising from or in any way connected with its performance or failure to perform under that agreement, even if the affected party has knowledge of the possibility of such damages. ORIGO LABS does not guarantee turn-around times.
Past Due Accounts
Accounts that are past 45 days will incur a 2.5% charge of the invoice amount each month, until the invoice is paid in full. Client agrees to pay the interest as a services charge and all of ORIGO LABS collection costs, including reasonable attorney’s fees.
Applicable Law
Any allegation or claim, whether legal, regulatory, or administrative, arising from work performed by ORIGO for CLIENT shall be interpreted and governed in accordance with the laws of the State of Illinois, notwithstanding the residence or principal place of business of CLIENT, the place where this Agreement may be executed by any of the parties hereto, the place where any property may be located, or the provisions of any jurisdiction’s conflict of laws rules. The jurisdiction is the State of Illinois and of the courts of the United States for a judicial district within the territorial limits of the State of Illinois for all purposes of this Agreement and any ancillary document to which he, she or it is a party, and the venue of any action or proceeding arising out of or relating to this work being Cook County, Illinois
Net 30 Accounts
Payment terms are NET 30 from the date of invoice, upon ORIGO LABS approval of CLIENT’s application for NET 30. If CLIENT is approved, the following terms apply: CLIENT agrees to pay a 2.5% interest Finance Fee if payment is not received within 45 days from the day invoice is issued. The Finance Fee will be 2.5% of the invoice amount each month, until the invoice is paid in full. CLIENT agrees to pay all of ORIGO LABS collection costs, including reasonable attorney fees and associated costs due to late or non-payment. Notwithstanding the foregoing, ORIGO LABS reserves the right to refuse service for any reason, including for the reason that CLIENT already has a Net 30 balance exceeding the amount agreed to in the Application.
Terms and Conditions are subject to change at any time without notice. Any order placed after the Terms and Conditions have changed will be subject to the new Terms and Conditions.
