General Terms and Conditions
The terms and conditions of the contract between Encore Laboratories and Client are listed below. These terms and conditions supersede any previous conversations or written memoranda between Encore Laboratories and the involved parties.
A customer order will only be valid upon execution of online order or written order from the customer. The customer order must include specific product submitted for testing, selected tests, contact person’s name, phone number, email, address and any special requirements. Phone or e-mail orders must be confirmed by written documentation. In the absence of written documentation, Encore Laboratories is not responsible for the selection of the test procedures used for the affected samples and customer assumes all responsibility.
Each customer order is a new contract and not subject to the same commercial considerations of any previous contracts with the same customer. These considerations include, but are not limited to, price and turnaround time.
Encore Laboratories reserves the right to amend any information provided in Encore Laboratories’ terms and conditions sheet, advertised pricing models, website or other written or digital materials at any time.
Sample Submission Guideline
- Provide Encore Labs samples of the products to be analyzed. Results apply only to the samples submitted. Clearly label and identify each submitted sample.
- Provide minimum sample size batch requirements as listed on Encore Laboratories website and/or on the model below. Minimum required submitted sample size may be subject to change at any time.
Encore Laboratories’ pricing is subject to change at any time. It is the customer’s responsibility to confirm pricing before services are started. Once samples and payment has been processed, Encore Laboratories will begin testing of samples. There is no cancellation allowed once testing begins.
Prepayment is required for all testing services. No exception. Acceptable payments are as follows:
- Debit Card/Credit Card (we do not accept American Express)
- Wire Transfer
Encore Labs LLC reserves the right to charge late fees for unpaid balances at our discretion at an annual interest rate not to exceed 12%, commencing 30 days after the assessment becomes due.
Receipt and Storage of Samples
Upon receipt of samples and payment, Encore Laboratories will process samples and upload sample information into our laboratory software testing database. Analytical samples are stored frozen, refrigerated or at room temperature upon receipt. Storage conditions are based on instructions supplied by the customer, or is based on the nature of the sample. Samples will be discarded as followed under Encore Laboratories standard operating procedures. Un-tested samples will remain in storage in case of re-testing that includes but not limited to: testing error, cross contamination, equipment failure, client requesting another test, etc.
In the case of testing error, omission, cross contamination, equipment failure or any fault that arises from Encore Laboratories testing methodologies, Encore Laboratories will assume full responsibility and shall re-perform the deficient work at its own expense for one time and have no other liability whatsoever. All claims shall be deemed waived unless made in writing and receive by Encore Laboratories within sixty (60) days following completion of services. Encore Laboratories will use leftover samples in storage for re-testing.
In the case of incorrect sample submission or mishandling of sample by client, Encore Laboratories will not assume responsibility of re-testing and client will assume all responsibility. In the case of natural disasters, theft, acts of god, building issues, and/or other uncontrolled calamities that damage and affect product samples, equipment & testing processes, Encore Laboratories does not assume responsibility of lost samples, testing services or re-test unless new samples and payment are provided for.
In the case of testing that results in not passing state requirements, request for re-testing from client will be charged in full and new product sample batch and payment must be provided before re-testing.
During any process of testing procedures, client can log into Encore Laboratories online dashboard for testing update and finished results. Client will have access to printable or downloadable reports and records.
Limit of Liability
Encore Laboratories shall not be liable for any loss, damage or delay during shipping. In the case of natural disasters, theft, acts of god, building issues, and/or other uncontrolled calamities that damage and affect product samples, equipment & testing processes, Encore Laboratories shall not be held liable. Encore Laboratories shall not be liable for online and/or offline stolen data that includes customer information, test records, etc.
All results, information and reports are strictly confidential and the property of the client contracting the services of Encore Laboratories. No results, information or reports are released to a third party without the written permission of client. Access to Encore Laboratories is limited to authorized personnel and strict confidentiality is maintained in all interactions with clients.