Terms & Conditions

Regulatory Responsibility:

When a client requests for Gillson Testing to develop a testing protocol, Gillson Testing may provide the client with options and alternatives for testing, but does not assume the client's responsibility for determining the suitability of testing for the client's use and or meeting applicable regulatory requirements. By submitting samples or signing a PO or a chain of custody the client accepts Gillson Testing offer to perform testing as described herein. The client further acknowledges that they have assessed the suitability of the testing relative to their product and assessed any regulatory requirements related to the testing of their product.

Test and Control Article Characterization:

The client is responsible for test/control article characterization. This includes, but is not limited to, identity, strength, purity, and stability. Gillson Testing makes no warranties about the representative nature of the test/control article submitted by the study Client. 21 CFR Part 58 Subpart F Sec 58.105, 16 CFR Part 160 Subpart F Sec 160.105

Sample Retention:

Gillson Testing does not retain samples after testing unless otherwise negotiated. Samples will be discarded or returned as specified on the Chain of Custody form.

Intellectual Property:

All reports and letters issued by Gillson Testing are for the exclusive use of the Sponsor to whom they are addressed. Reports or protocols may not be reproduced except in their entirety. No quotations from reports or use of the corporate name, “Gillson Testing” is permitted except as expressly authorized by Gillson Testing in writing. Protocols are the intellectual property of Gillson Testing. Protocols are issued to our customers for review and input into the services that we provide. However, issuance and/or billing for a protocol does not indicate a transfer of ownership of intellectual property owned by Gillson Testing.

Sample Adequacy:

The significance of any data is subject to the adequacy and representative character of the samples tendered for testing. Gillson Testing warrants that all tests are performed in accordance with established laboratory procedures and standards. Gillson Testing makes no other warranties of any kind, express or implied.

The customer must ensure, and hereby warrants, that no sample poses any danger, including on its site, during transportation, in the laboratory or otherwise to Gillson Testing, LLC premises, instruments, personnel or representatives. It is the customer’s responsibility to insure compliance with hazardous waste regulations, including regarding information, transportation and disposal and to inform Gillson Testing, LLC personnel or representatives about sample health and safety concerns, including any known or suspected toxic or other contaminant that may be present in the sample and its likely level of contamination as well as the risks to Gillson Testing, LLC premises, instruments, personnel and representatives related to the contamination. The customer shall be responsible for, and indemnifies Gillson Testing, LLC against, all costs, damages, liabilities and injuries that may be caused to or incurred by Gillson Testing, LLC or its personnel or representatives including on the sampling site, during the transportation or in the laboratory by the customer’s sample or by sampling site conditions. The customer shall bear all extraordinary costs for adequate disposal of hazardous waste resulting from the sample, whether or not described as hazardous waste. At Gillson Testing, LLC request, the customer must provide Gillson Testing, LLC with the exact composition of the samples.

Limits of Liability:

Gillson Testing expressly states that it makes no representation or warranty regarding the adequacy of the samples tendered for testing for any specific use or application, that determination being the sole responsibility of the client. Gillson Testing liability for any loss or damage resulting from its actions or failure to act shall not exceed the cost of tests performed, and it shall not be liable for any incidental or consequential damages.

Documentation:

All test procedures, final reports and other auxiliary documentation on file that Gillson Testing utilized for performing the testing identified in this protocol will contain sufficient detail to ensure reproducibility of results from test interval to test interval as well as at other labs if required.

Report Disclaimer:

All reports, letters and protocols issued by Gillson Testing are for the exclusive use of the client/customer to whom they are addressed and for such other parties as client/customer shall disclose in writing to Gillson Testing. Reports may be distributed without permission if issued in their entirety. No quotations from reports or use of the corporate name is permitted except as expressly authorized by Gillson Testing in writing. The significance of any data is subject to the adequacy and representative character of the samples submitted for testing. Gillson Testing warrants that all tests are performed in accordance with established laboratory procedures and standards. Gillson Testing makes no other warranties of any kind, expressed or implied. Gillson Testing expressly states that it makes no representation or warranty regarding the adequacy of the samples submitted for testing for any specific use or application, that determination being the sole responsibility of the client. Liability for any loss or damage resulting from Gillson Testing actions or failure to act shall not exceed the cost of test performed. Moreover, Gillson Testing shall not be liable for any incidental or consequential damages. A client must also understand that if Gillson Testing is requested to give preliminary results of any kind that only the final report after is has been reviewed and approved by Gillson Testing quality unit is considered valid.

Payments

Gillson Testing will apply a minimum reporting fee of $100.00.

Gillson Testing, LLC accepts checks all major credit cards, EFT and checks drawn on U.S. banks.

Negotiated volume or other discounts will be applied to invoices paid within terms listed on the invoice.

Unless specifically accepted in writing and signed by an officer of Gillson Testing, LLC, any terms proposed or submitted by a customer at any time (including, but not limited to, terms or provisions in the customer’s purchase order, instructions or other document) which differ from these Terms and Conditions are rejected as a material alteration of these Terms and Conditions and shall be of no force or effect. Furthermore, special terms or conditions of prior orders, including special pricing, will not automatically apply to subsequent orders. Each order accepted by Gillson Testing, LLC will be treated as a separate contract between Gillson Testing, LLC and the customer. A request for additional services on samples that have entered the laboratory will be treated as a new order and may postpone estimated delivery date accordingly.

Unless specifically agreed otherwise by Gillson Testing, LLC in its acceptance of an order, payment of all invoices is due strictly within 30 days of the invoice date. Any dispute about invoices must be raised within 30 days of the invoice date. The challenge of an analytical result will not entitle a customer to defer payment. Any invoice which remains outstanding after due date, may be additionally charged with an administrative penalty of Seventy Five Dollars ($75) and may carry interest at the rate of one percent (1%) per month or the maximum interest rate permitted by applicable law, whichever is lower.

Gillson Testing, LLC is entitled to require payment of up to 100% of the quoted order price as a condition of acceptance.

Delivery dates and turnaround times are estimates and do not constitute a commitment by Gillson Testing, LLC. Nevertheless, Gillson Testing, LLC shall make commercially reasonable efforts to meet its estimated deadlines. Results are generally sent by email and/or by USPS mail, or via other electronic means, to the attention of the persons indicated by the customer in the order, usually within 10 business days after the analysis is completed.

Should a court waive, limit or hold to be invalid, illegal or unenforceable any part of these Terms and Conditions, all other parts shall still apply to the greatest extent possible. Failure by either Gillson Testing, LLC or the customer to exercise the rights under these Terms and Conditions shall not constitute a waiver or forfeiture of such rights.

Governing Law/ Jurisdiction

The construction, validity and performance of these Terms and Conditions shall be governed by the laws and the commercial courts of Lehigh County, PA.