Standard Terms and Conditions for Analytical Services

Technical Definitions

I. Customer shall:

Designate in writing a person or entity to act as Customer's authorized representative with respect to ENZITECH LABORATORIES services to be performed; such person or entity shall have complete authority to transmit; instructions, receive information and data, and to order, at Customer's expense, additional services.
Designate in writing Customer's representatives and/or third parties who are authorized to receive copies of analytical services results.
Customer hereby represents and warrants that it has the full right and authority to enter into this Agreement.

II. SAMPLES

Customer must inform ENZITECH LABORATORIES prior to shipment of any samples that contain or may contain hazardous substances or pathogens. ENZITECH LABORATORIES reserves the right to refuse any sample based on this information.
After results have been reported to Customer, samples will not be retained by ENZITECH LABORATORIES.

III. Customer shall agree that:

Any report of results furnished by ENZITECH LABORATORIES is furnished solely for the benefit of Customer and any of its authorized representatives and such report may not be reproduced except in full; it may not be altered, amended or relied upon by any other person or entity without the prior written consent of ENZITECH LABORATORIES.
Any reports shall be the confidential property of Customer and shall not be distributed, except (1) as may be required by law or regulation and/or (2) to those persons or entities specifically designated in writing by Customer or his authorized representatives.
Customer shall not, without prior written consent of ENZITECH LABORATORIES, use ENZITECH LABORATORIES' name, trademark or logo or any results or report prepared by ENZITECH LABORATORIES in connection with any marketing or advertising or in any publication in any manner which may cause harm to ENZITECH LABORATORIES' reputation and/or business.
Customer shall not at any time misrepresent the substances or effect of or any material fact, conclusion or finding contained in any report or other information received from or relating to ENZITECH LABORATORIES or its work on behalf of Customer.
ENZITECH LABORATORIES shall retain all pertinent records relating to the services performed hereunder for a period of two years following submission of the report, during which period the records will be made available to Customer upon prior written request, which may result in additional cost to Customer.

IV. ENZITECH LABORATORIES shall:

Perform analytical services in a professional manner, a degree of care and skill consistent with the industry standards and in accordance with applicable standard practices, laws and regulations.
Submit reports of services performed indicating, where applicable, compliance with commercially accepted practices. Such reports will be based upon samples provided by Customer. ENZITECH LABORATORIES, and its employees or agents, shall not use (except in the course of the services provided herein), in any form or manner, and shall not disclose, in whole or in part, to any other party, Customer's confidential information.
ENZITECH LABORATORIES, by the performance of services covered hereunder, does not in any way want; assume, abridge or abrogate any duties, responsibilities or authorities with regard to the facility or the samples provided by Customer or its authorized representatives.
Results are provided solely based on samples of product tested by ENZITECH LABORATORIES and such results are intended for use by persons having professional skills, at their own risk and ENZITECH LABORATORIES assumes no responsibility, and Customer hereby waives all claims against ENZITECH LABORATORIES, for consequences or damages related to Customer's sample.

V. PAYMENT.

CUSTOMER shall pay ENZITECH LABORATORIES for services and expenses in accordance with ENZITECH LABORATORIES' invoices which shall be paid within thirty (30) days of the date of invoice. Any balances remaining unpaid at due date may be subject to a service charge of 1.5% per month until paid, but in no event shall such charge exceed the rate permitted by applicable law. Payments over the past due date shall be deemed an event of default under this Agreement. If legal action or collection proceedings are necessary to enforce payment, Customer shall be liable for ENZITECH LABORATORIES' costs of collection, including collection agency and attorneys' fees. ENZITECH LABORATORIES reserves the right, previous to performing any services, to require from Customer satisfactory security for performance of Customer's obligations. If Customer fails to furnish satisfactory credit information, or if its account is in arrears, ENZITECH LABORATORIES may, at its option, defer further performance, or cancel performance of service.

VI. GENERAL CONDITIONS.

Customer agrees to defend, indemnify and hold ENZITECH LABORATORIES harmless to the fullest extent permitted by law from and against any and all loss, liability, claims, damages, costs and expenses (including but not limited to attorneys' fees and charges of employees of ENZITECH LABORATORIES involved in litigation) or other cause of action arising out of;, or relating to, Customer's acts, negligence and omissions, or arising out of any violation by Customer of its obligations set forth in this Agreement
If this Agreement is terminated by either party for any reason, ENZITECH LABORATORIES shall be paid in full for all services performed through the termination date, and the Customer shall be provided with a report of services conducted prior to termination.
Customer may not delegate, assign or transfer obligations or interest in this Agreement without the prior written consent of ENZITECH LABORATORIES. ENZITECH LABORATORIES may assign or transfer some or all of its rights at any time to an affiliate provided such affiliate assumes ENZITECH LABORATORIES' obligations under this Agreement and ENZITECH LABORATORIES may, in its sole judgment, subcontract to other qualified laboratories certain services.
The warranty, obligations and Liabilities of ENZITECH LABORATORIES are exclusive and in Lieu of all other remedies, warranties, guarantees or liabilities express OR implied, arising by law or otherwise with respect to the services provided hereunder (are excluded, without limitation, any obligation of ENZITECH LABORATORIES with respect to merchantability, fitness for a particular purpose, non-infringement and indirect, incidental or consequential damages). In no event shall ENZITECH LABORATORIES' liability to Customer under any claim exceed a refund of the amount paid by Customer for the service that is the subject of the claim. The Customer's remedies set forth herein shall be Customer's sole and exclusive remedies under this agreement.
ENZITECH LABORATORIES shall not be liable for delays or other problems caused by unforeseen circumstances or circumstances beyond its reasonable control, compliance with governmental requests, laws, regulation or breakage or failure of machinery or apparatus or any other event beyond the reasonable control of ENZITECH LABORATORIES.
The Agreement represents the entire agreement between Customer and ENZITECH LABORATORIES and supersedes all negotiations, representations or agreements, written or oral. Terms and conditions included in Customer's purchase order or any other document shall not be applicable. The obligations set forth In paragraph 3,4,5,6 and 7 shall survive the termination of this Agreement
In the event that any of the provisions of this Agreement are or become null or void, such provisions shall be deemed to have been deleted from this Agreement and the remaining provisions shall remain valid and enforceable. The validity, interpretation and performance of this Agreement shall be governed by the laws (but not the conflict of law rules) of the Commonwealth of Virginia (USA). Any litigation arising hereunder shall be resolved by a court of competent jurisdiction located in the Commonwealth of Virginia. The prevailing party shall be entitled to recover its costs and reasonable attorneys' fees and expenses incurred in connection with any action or proceeding arising out of or related to this Agreement
If for any reason this Agreement is not signed by Customer, any conduct by Customer which recognizes the existence of a contract pertaining to the subject matter hereof, including but not limited to performance of service by ENZITECH LABORATORIES for the benefit of Customer or Customer providing samples to ENZITECH LABORATORIES, shall constitute acceptance by Customer of this Agreement and all of its terms and conditions.

TECHNICAL DEFINITIONS

METHOD REFERENCE:	FCC (Food Chemicals Codex 6th Edition) - FCC is a compendium that establishes, with public and stakeholder guidance, internationally recognized scientific standards (for identity and purity) for food-grade substances. Industry Method - An industry method is a method that is currently being used around the globe to test enzymes for their certain activities. A copy of each testing method is available and an Enzitech Laboratories staff member will be able to help with any questions you may have.
TESTING TIME:	The time required to complete the method/assay once Enzitech Laboratories has received the sample in question. Microbiological testing will be initiated as soon as possible once the sample arrives. Typical turnaround time will be 7-14 business days. Assay testing time depends on the availability of resources. Typical turnaround time will be 7-14 business days. All testing (micro and assays) is influenced by sample numbers within the laboratory. The typical testing time given above is for normal sample numbers within the laboratory. The testing time may vary based on the sample numbers at the time of receipt of your sample. Please contact the Enzitech Laboratories to discuss having samples expedited.
DETECTION LIMITS:	Is the minimal detectable quantity for the sample of the given test method. If the sample in question falls under the assay detection limit an Enzitech Laboratories staff member will contact you and inform you of such. We will be happy to attempt to help you find an assay with a more sensitive method.
SAMPLE WEIGHT REQUIREMENTS:	The amount needed for microbiological testing is 100 grams. The amount needed for assay testing is 100 grams. If you will require both micro and assay testing then a 200 gram sample will be required.
ENZYME INTERACTIONS:	Due to the fact that some enzymes (proteases) have detrimental effects on other enzymes in blends. It may not be possible for Enzitech Laboratories to accurately test your sample if there is a protease enzyme present in the sample blend. A protease is any enzyme that conducts proteolysis, that is, begins protein catabolism by hydrolysis of the peptide bonds that link amino acids together in the polypeptide chain. Proteases, being themselves proteins, are known to be cleaved by other protease molecules, sometimes of the same variety. The effects of side activities from enzymes within blends can also lead to inaccurate results when tested. An Enzitech Laboratories staff member will go over all sample requests prior to billing to ascertain whether or not the sample can be accurately tested. Detection limits will also be taken into account and the customer will be notified if a decision is made where the sample cannot be accurately tested.