Our Terms and Conditions of Testing
Our Terms and Conditions of Access
Our Terms and Conditions of Testing
TERMS AND CONDITIONS OF TESTING BY CONSUMER TESTING LABORATORIES,
INC. AND ITS AFFILIATED COMPANIES
(hereinafter collectively referred
to as "CTL")
BY APPLYING FOR OR AUTHORIZING TESTING BY CTL OR SUBMITTING A SAMPLE FOR TESTING TO CTL, YOU (hereinafter referred to as "Client" and/or "Supplier") ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
- Laboratory Reports are issued solely by CTL and are intended for the exclusive use of Client and Supplier and shall not be used for advertising or promotion, copied or replicated for distribution, or otherwise disclosed in whole or in part to any person or entity without the prior written permission of CTL.
- Any use of CTL's name and/or seal is strictly prohibited without the prior written permission of CTL.
- Laboratory Reports set forth the findings of CTL solely with respect to the sample(s) identified therein and the results of testing are not indicative or representative of the quality or characteristics of the lot from which the sample(s) has been taken. A Laboratory Report reflects the findings of CTL at the time of testing based on the written information provided to CTL as set forth in, or attached to, the Application for Testing. The Laboratory Report represents the entire understanding of the parties with respect to the subject matter of such Report and no modification, variance, extrapolation or conclusion with respect thereto shall be permitted without the prior written consent of CTL.
- CTL may, in its sole discretion, destroy samples which have been submitted to CTL for testing and which have not been destroyed in the course of testing. CTL may delegate the performance of all or a portion of the testing services to an affiliate, agent or subcontractor of CTL, and Client and Supplier consents to such delegation.
- Unless otherwise agreed to in writing by CTL, payment in full for the Laboratory Report shall be due 30 days after the date of invoice. Client (or Supplier, if responsible for testing fees) shall pay interest on any overdue amount from the due date until paid at an interest rate of 1.5% per month. Client (or Supplier, if responsible for testing fees) shall reimburse CTL for any costs it incurs in collecting past due amounts, including attorneys' fees and court costs.
- CTL represents and warrants solely to Client and Supplier that the Laboratory Report is free of any material error or omission caused by the negligence of CTL. If Client or Supplier desires to assert a claim for breach of the foregoing warranty, it must submit a claim to CTL within 60 days after the date of issuance of the Laboratory Report to Client in a writing that sets forth with particularity the basis for such claim. If CTL determines that the claim is timely and that a breach of the foregoing warranty has occurred, then CTL, at its option, may either (a) re-perform the deficient test, without charge to Client or Supplier, or (b) refund to Client or Supplier, without interest, the fee paid to CTL for such Laboratory Report. Client and Supplier waive any and all claims for breach of the foregoing warranty, including, without limitation, claims that the Laboratory Report is inaccurate, incomplete or misleading or that additional or different testing is required, unless and then only to the extent that Client or Supplier submits a written claim to CTL within such 60-day period.
- EXCEPT FOR THE LIMITED WARRANTY IN PARAGRAPH 6, CTL MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF WHETHER CTL HAS REASON TO KNOW OR IN FACT KNOWS OF THE POSSIBILITY OF DAMAGE OR LOSS, CTL SHALL NOT BE LIABLE TO CLIENT, SUPPLIER OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF USE OF PROFIT, LOSS OF REVENUE, LOSS OF PRODUCTION, COST OF CAPITAL, PROPERTY DAMAGE, LOSS OF USE OF PROPERTY, OR LOSS OF REPUTATION) ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES PERFORMED BY CTL, NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN. THE MAXIMUM LIABILITY OF CTL IN RESPECT OF ANY CLAIM FOR LOSS, DAMAGE OR EXPENSE OF WHATEVER KIND OR NATURE SHALL NOT EXCEED THE FEES PAID TO CTL FOR THE SPECIFIC TESTING THAT GAVE RISE TO THE CLAIM.
- These Terms and Conditions of Testing shall be governed by, and construed in accordance with, the local laws of the country where CTL performs the tests or, in the case of tests performed in the United States of America, the laws of the State of Arkansas. Any proceeding related to the subject matter of testing shall be brought, if at all, in the courts of the country where CTL performs the tests or, in the case of tests performed in the United States of America, in the courts of the State of Arkansas.
- If there is a discrepancy between the terms and conditions set forth in these Terms and Conditions of Testing and any provisions set forth in the Laboratory Report, Application for Testing or any other writing other than a written agreement for testing services which expressly provides that its provisions shall take precedence over these Terms and Conditions of Testing, these Terms and Conditions of Testing shall govern regardless of any inconsistent provisions of any other writing.
Our Terms and Conditions of Access
This URL (www.consumertesting.com and all appended pages linked to same) is a web-access brochure provided by Consumer Testing Laboratories, Inc. for your information. Access to this site is provided in consideration of and subject to the following terms and conditions:
Use of this site is at your own risk. In using this site, you understand that you are releasing Consumer Testing Laboratories, Inc. ("CTL") and all their officers, agents, owners and affiliates (hereafter "Released Parties") for any and all liability for any direct, indirect, consequential or punitive damages incurred as a result of your access to or use of this site. You agree that this waiver of all liability includes, but is not limited to, any damages due to computer viruses that may enter your computer equipment due to accessing or downloading information from this site, loss of information or data, damages arising out of service interruptions, negligence or any other cause of action relating to your access, use or inability to access or use the site.
You agree that any communication or material you transmit to the site by electronic mail or otherwise, including questions, comments, data and suggestions, becomes property of the Released Parties, and will be treated as nonconfidential and non-proprietary pursuant to our PRIVACY POLICY. Anything you transmit or post may be used by CTL or its affiliates for any purpose such as reproduction, disclosure, broadcast or posting. Images of people or places displayed on the site are either property of, or used with permission by, CTL. The unauthorized use of these images is prohibited unless specific permission is provided. The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of CTL or others.
By accessing this site, you agree that CTL information is provided without warranty of any kind, either expressed or implied. Additionally, you hereby agree that the materials published and displayed on this URL do not constitute a contract, promise, warranty, or representation of the quality of any services of Released Parties. You agree to hold harmless the Released Parties from any claim, suit or demand relating to an allegation that the materials published and/or displayed on this URL create any contract, warrantly, representation, or standard of care or duty on the part of the Released Parties. This material is displayed for customers of Released Parties whose relationship is controlled by a fully integrated contract, and which customers specifically disclaim reliance on any materials contained herein. Access to this site by non-contracting parties is stricly subject to this waiver, and you hereby agree not to assert any claim, directly or as a third-party beneficiary, relating to any material displayed on this URL. You further hereby agree to hold the Released Parties harmless for any and all damages which may result from use of or reliance upon any of the information. This waiver includes, but is not limited to, all personal injury (whether physical or emotional) and all business or economic loss incurred in connection with the use of any information featured on this site.
CTL is not responsible for the content of any off-site pages or any other sites linked to this page. If you link to any other off-site pages or sites, you do so at your own risk and you agree to hold harmless the Released Parties from any liability relating to their use.
You have relied upon no representation or statement contradicting this waiver in agreeing to access this site, unless in writing and signed by a duly authorized agent of CTL. You agree that, in the event that any portion of this waiver agreement is found invalid, the remaining portions of the agreement shall remain in full force and effect. You agree that this agreement shall be construed according to the laws of the state of Florida, in the United States of America.
You agree to all above terms and conditions, and you agree to hold harmless CTL and Released Parties from any and all claims resulting from your access and use of this site and the products or services featured in it. By entering this URL, you verify that you have read and understand all these terms and conditions without reservation.