1. Overview
These Terms & Conditions govern all services Quality Analytical Laboratories, LLC (“QAL”) provides. Any person or company (“Customer”) agrees to these terms by submitting samples or using QAL's services. QAL provides objective third-party laboratory services, including data collection, analysis, interpretation, and other related laboratory services (collectively called "Services"). All Services QAL provides to Customers are subject solely to these Terms & Conditions. In the event of any conflict between these Terms & Conditions and any other document, the terms outlined here shall control.
2. Laboratory Services and Limitations
- Sample Analyses: Results are based on the material submitted to QAL as received and may not reflect the entire batch and/or lot. These results are intended for interpretation by trained professionals. QAL assumes no responsibility for, and Customer waives all claims against QAL related to, interpreting such results.
- Pathology Analyses: Pathology results reflect material conditions at the time of submission. Failure to detect a specific pathogen does not indicate its absence.
- Report Confidentiality: Unless otherwise required by law, QAL provides reports only to those designated in writing by the Customer or their representatives. Reports are confidential to the Customer and their authorized representatives and shall not be reproduced except in full. Misrepresentation of report content or unauthorized use of QAL’s name is strictly prohibited.
- Sample Quality: If samples are deemed unusable upon arrival, QAL will notify the Customer, who may choose to resample, cancel services, or discuss alternative options. Limitations due to insufficient or poor-quality samples will be noted in the results.
- Website Accuracy: The information on our website is provided to support customer education. QAL is not liable for decisions based on this content or for content on third-party sites linked on QAL’s website.
- Copyright: All content on QAL’s website is copyrighted. Reproduction for personal use is permitted; other uses require written consent from QAL.
3. Customer Responsibilities and Limitations
- Testing Protocol: The specific scope of work or testing protocol will be outlined on a sample submission form or scope of work document. QAL will rely on the submitted paperwork to determine the requested testing protocol. Any changes to the protocol must be provided to QAL in writing.
- Regulatory Compliance: It is the Customer’s responsibility to ensure the requested testing protocol complies with federal, state, and local laws, rules, and regulations. QAL does not guarantee suitability or compliance for Customer’s intended use. Customer agrees to hold QAL harmless from any claims, damages, or liabilities related to requested testing protocol or regulatory compliance.
- Facility or Operations Reviews: If QAL is engaged to review facilities or operations, a defined scope of work will outline the areas assessed. The Customer must provide necessary access and a safe environment. QAL will identify deficiencies and provide recommendations but does not guarantee identifying all issues or that recommendations will ensure product safety.
- Scope Limitations: QAL’s review is limited to the agreed-upon scope. Matters outside this scope are not QAL’s responsibility, even if observed during the review process.
4. Turnaround Times and Payment Terms
- Standard Turnaround: Results are processed as promptly as possible, though completion dates are not guaranteed and may fluctuate during peak seasons and holidays.
- Expedited Turnaround: Expedited processing is available for an additional surcharge, contingent on availability and pre-arrangement.
- Quotations and Prepayment Requirements: Quotations are available upon request. Testing may be delayed until a signed copy of the quotation is received. Unless requested, billing follows QAL’s current fees. New customers must prepay for their samples while existing customers with approved credit are billed on a “Due Upon Receipt” basis.
- Specialized Services: Certain services, including special projects, may require prepayment regardless of Customer’s status.
- Credit Terms: Approved customers are billed on a “Due on Receipt” basis. Accounts unpaid after 30 days may incur a late fee of 1.5% per month and may result in prepay-only status. QAL reserves the right to hold reports or suspend services for delinquent accounts.
- Cancellation Policy: If services are canceled after testing has begun, Customer is responsible for all fees for completed work.
- Billing and Third-Party Responsibility: All fees are billed directly to the Customer. Third-party billing requires a signed statement from the third party accepting responsibility. Third-party billing does not relieve the Customer of liability in the event of default.
- Collection Costs: In case of payment default, the Customer is responsible for reasonable collection and legal fees incurred by QAL.
5. Confidentiality
Both parties agree to maintain confidentiality for all proprietary information disclosed, including reports, data, and technical information. Confidentiality does not apply to information that:
- Is publicly available,
- Was independently developed or obtained, or
- Is legally required to be disclosed (e.g., via subpoena).
If the law requires disclosure of information, QAL will notify the Customer where permitted. Customer agrees not to use QAL’s name or data in any manner that may harm QAL’s reputation, including misrepresentation of reports. Unauthorized use of QAL’s name, trademarks, or data is prohibited.
6. Quality Assurance and Personnel
QAL will perform services in accordance with its quality assurance standard operating procedures. Customer is responsible for confirming that QAL’s practices meet their needs. Requests for alternative practices must be submitted and agreed upon in writing before sample acceptance.
7. Sample Handling and Product Recall
- Delivery and Handling: Customers are responsible for sample delivery to QAL. Risk remains with the Customer until samples are received by QAL. QAL reserves the right to reject unsafe or improperly preserved samples.
- Sample Retention and Disposal: QAL retains samples for 7-14 days from login. After this period, samples may be disposed of unless prior arrangements are made.
- Long-term Storage: Long-term storage is available for an additional fee if arranged in advance.
- Hazardous Materials: Hazardous samples may be returned at the Customer’s expense.
- Product Recall: Customer accepts full responsibility for any product recall or withdrawal based on QAL’s findings and agrees to consult QAL for additional testing before the recall.
8. Report Retention and Retrieval
QAL retains customer reports for at least five (5) years from the issuance date to comply with ISO/IEC 17025 standards.
- Extended Retention: Extended report retention can be arranged with prior agreement, subject to an additional fee.
- Archived Report Retrieval: A retrieval fee for accessing archived reports within the retention period may apply.
9. Customer Communications
- SMS Messaging: QAL will not solicit SMS authorization through our website and does not use SMS for marketing or unsolicited purposes. SMS communications are initiated only upon direct customer request, either by phone or email. Messages are limited to the information requested.
- Opt-In: By requesting SMS communication, customers consent to receive SMS messages strictly related to their inquiries or requested services. QAL will not initiate SMS communication.
- Opt-Out: Reply “STOP” to any SMS from QAL to unsubscribe from SMS messaging.
- Help: For assistance, reply “HELP” to any SMS.
Standard message and data rates may apply.
- Email Marketing and Notifications: QAL may use email to inform customers about promotions, service updates, or urgent notices, such as inclement weather closures. Marketing emails are sent only to those who have opted-in via the sample submission form, website sign-up, or by direct request.
- Opt-In: Customers are added to our email list only with express consent.
- Frequency: Email campaigns are sent occasionally. Opting out of marketing emails does not impact essential transactional communications.
- Third-Party Provider: QAL uses Mailchimp to manage email campaigns. Customer email data is handled per QAL’s Privacy Policy.
10. Updates and Amendments
QAL reserves the right to update these Terms & Conditions at any time. Updated terms will be posted on our website. Customer-requested modifications require a written agreement.
11. Authorization and Policy Acceptance
- Authorization to Sign: The signatory affirms the authority to bind the Customer to this agreement.
- Electronic Signature Validity: Electronic signatures, including facsimile and email, are binding.
- Sample Submission Authorization: Submission of a sample form authorizes services and agreements to pay.
- Sample Receipt Confirmation: Non-response to the confirmation email is considered acceptance of the services and charges.
12. Governing Law
These Terms & Conditions are governed by Florida law. Any disputes shall be resolved in Florida courts.
13. Contact Information
Quality Analytical Laboratories (QAL)
Address: 2814 W 15th St., Panama City, FL 32401
R:241105