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:

1. 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.


2. Any use of CTL's name and/or seal is strictly prohibited without the prior written permission of CTL.


3. 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.


4. 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.


5. 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.


6. 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.


7. 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.


8. 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.


9. 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.

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