Service Terms and Conditions
This Agreement is a legally binding contract. By submitting a Requisition Form to the University of Ottawa (“uOttawa, We, Us, Our or Ours”), You (“client, You, Your or Yours”) acknowledge and agree to the following terms and conditions.
WARNING: We DO NOT ACCEPT samples with enriched 14C (often used as a tracer). Any contamination of any amount of enriched 14C ("hot") material may cause thousands of dollars in clean-up and other costs. If you submit "hot" samples to this lab, you may be liable.
- Requisition: You will submit the completed Requisition Form (the “Request”) and the samples to be tested (the “Samples”). We reserve the right to decline a Request. By submitting a Request, You certify that You are legally capable of entering into binding contracts on behalf of Yourself, Your supervisor, and/or Your Company.
- Ownership: The Samples are not uOttawa’s property and We assume no responsibility for any loss or damage to the Samples. Upon completion of the tests, We will destroy the Samples after six (6) months unless You specifically request in writing upon submitting a Request that the Samples are to be returned to You. You assume all responsibility and cost associated with the return of the Samples. We are not responsible for maintaining an archive of the data and accept no responsibility for lost data.
- Shipping: You shall be responsible for proper collection, preservation, packaging, and shipment of the sample(s) in accordance with applicable laws and good commercial practice. You must inform us of any hazard relating to samples submitted for analysis.
- Invoice: We will send You an invoice based on the rates published on our website, as may be amended from time to time plus applicable taxes and describing any other costs associated with the testing. Payment by You is to be made in Canadian Dollars. Pre-payment is required for all orders originating from and funded by countries other than Canada.
- Results: Upon completion of the tests, We will provide You with the results of the tests by using the email address provided by You. We do not claim any intellectual property in the Samples and claims no interest in the data.
- Disclaimer: We expressly disclaim all warranties in respect of the tests and the data including all expressed or implied warranties of merchantability and fitness for a particular purpose, including as evidence in any legal proceeding. By testing the Samples and providing the data, uOttawa, its employees, students or other uOttawa representatives are not providing an opinion and declines to be a witness in any legal or other adversarial proceeding. Our liability to You whether arising in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the price paid for the analysis. You acknowledge and agree that: (i) tests and the data are provided by uOttawa “as is”; (ii) in no event shall We be liable for any direct, indirect, incidental, punitive or consequential damages whatsoever with respect to the tests and the data; (iii) that any reliance upon the tests and/or the data shall be at Your sole risk; (iv) Title and risk of loss with respect to submitted samples shall at all times remain with You prior to acceptance by Us.
- Confidentiality: "Confidential Information" means any materials, written information, and data marked "Confidential" by You and provided to uOttawa for the purpose of conducting the tests. We will use reasonable efforts to maintain the Confidential Information as confidential to the extent permitted by law. Our obligations do not apply to information in the public domain or independently known or obtained by uOttawa. You acknowledge that uOttawa is subject to the Freedom of Information and Protection of Privacy Act (Ontario) and as such records in its custody or control, including the Confidential Information, may be subject to access to information requests.
- Indemnification: You shall indemnify, hold harmless and defend uOttawa, and their respective officers, directors, employees, students and agents (the "indemnified parties") against any and all claims, demands, actions, liability and expenses ("claims") including claims, allegedly resulting in whole or in part from the negligence of the indemnified parties or from acts or omissions for which the indemnified parties otherwise would be liable, related to or arising from the tests, the Samples, the data or Your use of the data. You shall be responsible for any damage to uOttawa’s facilities and/or personnel caused by the Samples.
- Advertising: You shall not use the name of the University of Ottawa, its employees or students or of the Faculty of Sciences or the laboratory in any publicity, advertising, or news release without the prior written approval of an authorized representative of uOttawa. You will not under any circumstances advertise or otherwise state or imply that We have tested or approved or endorsed any Sample, product or process.
- Pricing: The price for the analysis shall be as agreed between You and Us via quotation and as posted on Our website at the time of submission. We shall submit an invoice to You after the completion of all requested Services if the payment funding source originates in Canada. Pre-payment is required for all orders originating from and funded by countries other than Canada.
- Terms: Unless otherwise agreed, payment terms are 30 days from receipt of invoice after which We may apply an interest charge of 1.5% per month to the accrued outstanding balance (including principle, surcharges, and any other fees). You have the right to contact the University of Ottawa’s Credit Department to dispute invoices, within 15 business days of the date of the first invoice containing the disputed charge. After 15 business days from date of first invoice, We have sole discretion to adjust any disputed charges. In the event collection and/or legal action is initiated and successfully prosecuted by Us to collect any amount(s) due and owing, You agree to pay all of Our collection expenses, including but not limited to reasonable attorneys’ fees and costs.
- Suspension of Work: We reserve the right to suspend work and/or withhold data delivery if You fail to make timely payment of Your invoices. We will not be held responsible for any damages incurred by You caused by Our work suspension or withholding of data precipitated by Your failure to promptly pay invoices.
- Urgent Orders: Requests for urgent or “rush” analysis (i.e. moved to the front of the queue) may be considered and if accepted, will be subject to a surcharge. Rush or other expedited analyses will be handled as such and will be reported as quickly as time permits depending on work load, type of analysis requested and events outside of our control.
- Unforeseen Events/Force Majeure: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control, commonly known as “force majeure”.
- Surcharges: We reserve the right to adjust the “rush” surcharge as necessary in special cases. The surcharge is generally: (i) double the regular rate for 30 or more samples; (ii) triple the regular rate for less than 30 samples.
- Discounts: A discount of $5 per sample is applied when You or Your representative performs the preparation of samples before analysis in the following cases:
- Weighing of samples into tin capsules.
- Doing the weighing and the adding of acid plus “flush and fill” procedures for carbonate analysis.
- Doing the pipetting and “flush and fill” procedures for water gasbench analysis.
- Filtering fresh waters for LGR (less than 3PSU) using Your own supplies.
- A discount of $3 per sample is applied when You or Your representative pipettes fresh waters for LGR (less than 3PSU) using Your own supplies.
- Duty and Customs: Duty charges will be added to the invoice. A Customs Declaration Invoice must be sent with samples from outside Canada. Samples have no commercial value. Shipments arriving with fees due (other than duty) will be returned.
- Entire Agreement: This Agreement constitutes the Entire Agreement between You and Us. It supersedes all other written or verbal communications between You and Us. It can only be amended in writing by mutual agreement.
- Jurisdiction: This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario that are in force. You expressly accepted jurisdiction of the Ontario Courts.