Terms & Conditions

Terms & Conditions of Maintenance, Service and Parts

1. ACCEPTANCE
   
   Any quote, together with these Terms and Conditions are collectively referred to as the (“Agreement”) apply to all offers made by The LabSquad LLC (Assay Guru, Copia Scientific, LLC, and LabSquad, collectively “The LabSquad”). Acceptance of your (“Client”) order is expressly conditioned upon Client’s consent to these terms and conditions, excluding all other terms and conditions. Any change to this Agreement must specifically be agreed to in writing by an authorized representative of The LabSquad. The LabSquad’s failure to object to a provision contained in any communication from Client does not waive any of the provisions of this Agreement.
   
   
2. PRE-INSPECTION
   
   All Maintenance services include a non-chargeable, pre-inspection prior to performance of the Service. Client must disclose any known deficiencies or faults prior to service event as services cannot be conducted on defective instruments. If an instrument is deemed to be in inoperable condition (a service cannot be performed), a minimum charge of $800.00 will be applicable. The LabSquad will advise users of inoperable instruments regarding a course of corrective action, which may or may not involve The LabSquad. Services will then be re-quoted for a separate visit.
   
   
3. PRICES AND QUOTATIONS
   
   All items covered by services herein are subject to prior inspection by The LabSquad. Prices are valid for a period of thirty (30) calendar days from the date issued unless otherwise set forth in the quotation. Quotations are subject to termination by written notice from The LabSquad to the Client at any time. All orders based on this quotation are subject to acceptance by The LabSquad. Any variation of quantity, specifications, or schedule may necessitate a price adjustment. Agreement price will be based on system as configured at the time of the inspection.
   
   
4. TERMS OF PAYMENT
   
   Unless The LabSquad agrees in writing to a different payment schedule, payment for services is due at the time a Purchase Order is signed, Payments for emergency or other services beyond the scope of covered services in this Agreement are due and payable when requested. The LabSquad may, at its option, suspend services under the Agreement during any period in which the Client has failed to make payments when due. Such suspension of services shall not limit any other legal remedies to which The LabSquad may be entitled.
   
   Payment terms are stated in the Quote. Copia may discontinue performance if Customer fails to pay any amount due, or fails to perform under this or any other Copia agreement if, after ten (10) days written notice, the failure has not been cured. An interest charge of 3% per month, or the maximum allowable by law, will be added to delinquent invoices. Payment of any late charge will not cure or excuse any default by Customer, and Copia’ acceptance of such late charge will not be deemed a waiver by Copia of any default by Customer. Customer will be responsible for reasonable fees incurred by Copia for collecting any overdue payments, including reasonable attorneys’ fees.
   
   
5. SERVICE AND REPAIR
   
   Service and repair of the Equipment will be provided by The LabSquad Representative. The LabSquad may, at its sole option, use one or more of the following service options to replace or repair Equipment:
   
   
   1. Dispatch The LabSquad service representative to the Client’s facility;
   2. Dispatch a subcontractor on behalf of The LabSquad (original manufacturer or approved service provider);
   3. Provide for repair of the equipment at The LabSquad repair facility/depot level repair. The LabSquad provides these services on a case-by-casebasis;
   4. Provide Client with loaner unit (if available) or components with instructions for installation of the components by the Client;In providing service under this Agreement The LabSquad may at its discretion, use new, reconditioned or serviceable components.
      
      
   The LabSquad may require that the Client assist in initial trouble shooting of the system via telephone prior to a maintenance visit as this may greatly expedite remediation; this may require cooperation from a trained system operator.
   
   The LabSquad will make all attempts to perform the required service at the time of the initial service call. However, unanticipated failures or parts availability may delay completion of repairs at time of service and a follow up visit will be required once parts are made available.
   
   It is the Client’s responsibility to follow the “Service Request Procedure” and submit appropriate service request forms, which will be provided on request.
   
   
6. HAZARDOUS LIMITATIONS STATEMENT
   
   At no time will The LabSquad personnel perform service on an unsafe piece of equipment, or in an unsafe environment, or decontaminate equipment to make it safe. Prior to the performance of any services work, The LabSquad personnel will evaluate the condition of the equipment and the environment in which the equipment is located. If The LabSquad field personnel determine that equipment and or environment are hazardous, then either:(i) the Client will decontaminate the equipment (ii) The LabSquad at its discretion will decontaminate instrumentation and any additional charges to the Client, or (iii) if The LabSquad determines that the decontamination needs to be completed by the Client, the service visit will be charged for the cost of labor and travel.
   
   
7. CONSUMABLES & PACKAGING
   
   Consumables are not included, unless otherwise agreed upon between The LabSquad and the Client in writing. The LabSquad provides packaging material if required for depot repair. However, the cost for packaging materials is not included in the cost of the agreement and will be subject to an additional charge.
   
   
8. WORKSTATIONS, SOFTWARE AND PERIPHERALS
   
   The LabSquad is not responsible for maintaining or obtaining software licenses. Workstations, software, interface cables/boards, and peripherals such as monitors & printers are not covered under this agreement, unless otherwise agreed upon in writing prior to services being provided. TheLabSquad may provide assistance with software upgrades on a case-by-case basis.
   
   
9. SYSTEM PROGRAMMING
   
   System programming, integration troubleshooting, application assistance, software/firmware/hardware upgrades are not covered. Such services may be available via a separate agreement.
   
   
10. RELOCATION
    
    Relocation can only be performed or supervised by The LabSquad or approved service provider at the current hourly rate and travel charge. This is to include installation and re-installation; however, transportation will be the responsibility of the Client. Any damages incurred during the transportation, are not the responsibility of The LabSquad. Relocation to any outside facility may impact program costs depending upon location and availability of resources. Please contact The LabSquad before moving any covered systems. If moved without notice to The LabSquad, this agreement may be void.