EHL warrants only that it will perform testing services and prepare reports and obtain findings, results and data in
accordance with generally accepted analytical EHL principles and practices at the time of performance of services.
EHL makes no other warranty, express or implied.
At EHL's sole discretion, preliminary results may be given in advance of an EHL report. Such preliminary results are tentative, subject to confirmation and final review by EHL. Customer's use of preliminary results in any manner shall be at Customer's sole risk.
3. Scope and Compensation. EHL agrees to perform the services described in the Lab Submittal Form submitted by Customer. Unless the parties agree in writing to the contrary, the duties of EHL shall not be construed to exceed the services specifically described in the EHL Submittal Form. Payment terms are net 30 days from the date of invoice. All overdue payments are subject to an interest charge of three-quarters of a percent (3/4%) monthly or a portion thereof. Customer shall also be responsible for the costs of collection, including payment of reasonable attorney fees if such expense is incurred. The prices, unless stated, do not include any sales, use or other taxes. EHL reserves the right to require payment prior to performing services or release of results. Until such time as Customer invoices are paid in full, EHL has no obligation to Customer and will not reproduce, return, or supplement services or results.
4.Prices. Compensation for services performed will be based on the current EHL Submission Manual Fees and Payment Information Schedule, or as agreed to in writing by the parties. Unless specifically indicated in writing, analytical turnaround times are not guaranteed.
A minimum charge of $15.00 per sample may be assessed for samples sent to the EHL but not analyzed. For samples that are extracted but not analyzed, the charge may be 40% to 60% of the un-run analysis price. If Customer requests extraction or analysis in an expedited manner or that would require the lab to operate outside normal business hours or a rush is necessary to process a sample previously put on hold, additional charges may be assessed without prior written Agreement between Customer and EHL.
5. Limitations of Liability and Indemnification. In the event of any error, omission or other professional negligence, the sole and exclusive responsibility of EHL shall be to re-perform the deficient work at its own expense, and EHL shall have no other liability whatsoever. All claims shall be deemed waived unless made in writing and received by EHL within ninety (90) days following completion of services. All results should be considered in their entirety and EHL is not responsible for the separation, detachment, or other use of any portion of the results.
EHL shall have no liability, obligation or responsibility to Customer or to any third parties for any kind of losses, costs, expenses or other damages (including but not limited to any special, indirect, incidental or consequential damages) in any manner related to EHL's services or results. This limitation of liability includes such causes and circumstances as natural disaster, acts of Customer or third parties, acts of governmental authority, difficulties or delays in transportation, mail or delivery services, inability to obtain sufficient services or supplies or any other cause or circumstance beyond EHL's reasonable control.
Customer agrees to indemnify, hold harmless, and defend the State of Alaska and its agents and employees from any and all claims or actions for injuries or damages whatsoever sustained by any person or party that arise from or relate to, directly or indirectly, the Customer's or EHL's performance of this Agreement; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is EHL's negligence.
6. Hazard Disclosure. Customer represents and warrants that any sample delivered to EHL will be preceded or accompanied by complete written disclosure of the presence of any hazardous substances known or suspected by Customer. Customer further warrants that any sample containing any hazardous substance, which is to be delivered to EHL, will be packaged, labeled, transported and delivered properly and in accordance with applicable laws and in conformance with the current EHL Sample Submission Manual, as required in Paragraph 7.
7. Sample Submission and Handling. Customer must obtain samples in conformance with and submit such samples with the appropriate form from the current EHL Sample Submission Manual and any applicable laws . Customer is responsible for the cost of shipping samples to the EHL. Samples may be returned to the Customer for an additional charge for any shipping and handling costs. The EHL does not retain samples once the testing is complete, unless arrangements in writing have been made for such retention and additional charges have been paid by Customer for handling, tracking and other related storage expenses.
EHL reserves the absolute right, exercisable at any time, to refuse to receive delivery of, refuse to accept, or revoke acceptance of any sample in the sole judgment of EHL for any reason. Reasons may include that the sample (a) is of unsuitable volume, (b) may be or become unsuitable for, or may pose a risk in handling, transport or processing for any health, safety, environmental or other reason, whether or not due to the presence in the sample of any hazardous substance, and whether or not such presence has been disclosed to EHL by Customer or (c) has been delivered to the EHL more than 72 hours after sampling or if one half or more of the recommended holding time for the analysis has lapsed.
9. Alaska Public Records Act . The EHL is subject to the Alaska Public Records Act (AS 40.25.100 - AS 40.25.350) which may require the EHL to release records upon request. In the event of such a request for information, Customer has the burden of claiming privilege from disclosure and is responsible for procuring counsel and for any related court actions, fees and costs.
10. Alaska Native Tribe. If Customer is a federally recognized Alaska Native Tribe, this Agreement is not valid and EHL will not provide any services until Customer executes a waiver of sovereign immunity and authorizing resolution that waives the Tribe's sovereign immunity with respect to this Agreement and that is approved as to form by the State of Alaska.