Terms and Conditions
Terms and Conditions of the testing between the “company”: FESA Labs (IVD Technologies Inc) and all customers are described here below.
FESA Labs reserves the right to amend any information provided in FESA Labs’ terms and conditions sheet, website or other written or digital materials at any time. These terms and conditions supersede any previous conversations or written memoranda between FESA Labs and the involved parties. All customers submitting samples to be tested agree to our terms and conditions.
FESA Labs pricing is subject to change at any time. It is the customer’s responsibility to confirm pricing before services are started. Once samples and payment has been processed, FESA Labs will begin testing of samples. There is no cancellation allowed once testing begins.
Payment prior to testing is required for all testing services. Acceptable forms of payments are debit card/credit card, check, wire transfer, ACH, or cash.
Reports may be received 2 to 6 Business Days after receiving a sample with payment. Expedited and standard testing service reports may be subject to delay or cancellation for certain samples that have new components/compounds in them that may cause testing method to be redeveloped for accurate quantification. All samples are not the same therefore most samples may be as a new type of research sample. Payments from samples that we determined to be unable to be tested due to the nature of the sample may be subject to refund or partial refund depending on the prior consultation before testing begins.
FESA Labs reserves the right to refuse to accept or to rescind acceptance of any sample, which in the judgment of Company is likely to pose any unreasonable risk in handling and/or analysis. You represent and warrant that any sample containing any hazardous substance which is to be delivered to Company will be packaged, labeled, transported, and delivered in accordance with applicable laws.
FESA Labs has the right to ask for payment in advance, or cease all Services, if the established payment terms are not adhered to. If you default in payment for Services rendered, you are responsible for reasonable collection and/or legal fees incurred by Company to enforce the payment obligations under this Agreement. Company further reserves the right to hold reports.
Turnaround time policies are here to serve as a general guideline for analytical testing services. Customers should understand that certain conditions may impact test turnaround time (such as maintenance of instruments, sample backlog, natural disaster, laboratory relocation, staff changes, equipment failure, or holiday season). FESA Labs is not responsible for late turnaround times deadlines. Any loss suffered by the customer or third party due to a delay in reporting test results is not the responsibility of FESA Labs.
FESA Labs shall not be liable for any loss, damage or delay during shipping. In the case of natural disasters, theft, acts of god, building issues, and/or other uncontrolled calamities that damage and affect product samples, equipment & testing processes, FESA Labs shall not be held liable. FESA Labs shall not be liable for offline and/or online stolen data that includes customer information or test records.
FESALabs shall not be liable for any damages or misrepresentation that may result from the use or misuse of the data contained herein in any way. FESALabs makes no claims regarding representations of the analyzed sample to the larger batch from which it was taken. All tests are for research testing only. The results from FESALabs are responsible only for the tested sample received by FESALabs and does not represent any larger batch that may be believed to be part of. FESALabs will not be liable for any damages that may come from the reports or results that FESALabs reports.
All results, information and reports are strictly confidential and the property of the client contracting the services of FESA Labs. No results, information or reports are released to a third party without the written permission of the client that owns the account with the related results, information, or reports. Access to FESA Labs is limited to authorized personnel and strict confidentiality is maintained in all interactions with customers.
In no case shall FESA Labs (IVD Technologies), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless FESALabs (IVD Technologies) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.