TERMS AND CONDITIONS

Agreement

Summit Environmental Technologies, Inc. (Summit Environmental) agrees to perform the services described in proposals and agreements with the Customer. By signing the Analysis Request/Chain of Custody, the customer agrees to accept and be bound by these Terms and Conditions.

Summit Environmental may refuse to provide services to the Customer due to an unfavorable credit report or delinquent payment. Summit Environmental will only provide those services as described on the Analysis Request/Chain of Custody and the Terms and Conditions.

Payment

Summit Environmental's services will be billed according to agreement made by the Customer and the staff of Summit Environmental. Payment terms are net 30 days from invoice date. Customer agrees to pay on time, unless prior arrangement has been made in writing with Summit Environmental staff. Summit Environmental may suspend receipt, analysis, and withhold analytical results until payment has been made. Overdue accounts are subject to interest and service charges of 1.5% per month plus collection fees.

All discrepancies regarding pricing shown on invoices shall be brought to Summit Environmental’s attention within 15 days of invoice date. Invoice amount shown shall be accepted and paid in full by Customer if not disputed within fifteen days. Discrepancies arising after fifteen days of said date, shall not effect past invoices.

Sample Receipt

All samples submitted must be accompanied by an Analysis Request/Chain of Custody form that lists sample ID, sample type, preservative, analysis requested, and date and time of sample collection. Also include the date that results are needed and the correct report and billing address.

Summit Environmental will not be responsible with the transport or delivery of sample to and from the laboratory. The responsibility rests with the Customer unless prior arrangement is made with the laboratory.

Summit Environmental reserves the right to refuse acceptance of any sample that is unsuitable due to technical or health and safety considerations. Summit Environmental will use accepted methods and procedures in the analysis of samples according to the appropriate agency standard. Customer required deviations from established methods and procedures must be submitted to the laboratory in writing prior to analysis.

Analytical Results

Preliminary results may be given in advance. However the results may be subject to change based on QA/QC review. Results may not be reproduced, except in full, without prior authorization by Summit Environmental. Additional charges will be assessed for customized reports, additional copies, or rush analysis. An additional charge will be assessed for rapid reporting of rush analysis.

Warranty

Summit Environmental warrants those services that fulfill its obligations. No other warranty of any kind, expressed or implied is authorized by Summit Environmental.

Liability

Any sample reanalysis that produces results consistent with the original results will be at the Customer's expense.

Summit Environmental shall have no responsibility or liability to the Customer for services that are insufficient due to circumstances beyond the control of Summit Environmental.

Test results meet the requirements of the appropriate agency standards, except where noted. The information contained in the analytical report is the sole property of Summit Environmental and that of the Customer. It cannot be reproduced in any form without the consent of Summit Environmental or the Customer for which the report was issued. The results contained in the analytical report are only representative of the samples submitted for analysis. Conditions can vary at different times and at different sampling conditions. Summit Environmental is not responsible for the use or interpretation of the data included in the analytical report.

All Customer results will be held confidential by Summit Environmental. Results will not be reported to a third party except at the written request of the Customer.

The Customer will indemnify and hold harmless Summit Environmental from any involvement or claim arising out of the presence of hazardous substances in the Customer's sample, accidents occurring during the transport of the Customer's sample, events or delays caused by the Customer or otherwise beyond the control of Summit Environmental, or negligence by the Customer in use, evaluation, or application of the results provided by Summit Environmental.

Summit Environmental represents that work will be performed in accordance with professional standards and sound analytical practice, but no warranty, expressed or implied, is made. The sole and exclusive responsibility of Summit Environmental will be to reprocess/reanalyze any deficient laboratory work at Summit Environmental's expense.

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