Confidentiality and Non Disclosure Terms and Conditions

Form# pH5-2-009
pH Labs Form# pH5-2–009 Rev 4

Confidentiality

pH Laboratories LLC (pHLL) will treat all information regarding work performed for all Client as proprietary and confidential to the best of their ability. Confidential being any nonpublic and confidential information such as location, technical and financial information or scientific testing, research or developments. Employee’s in accordance with pHLL Quality Management System (QMS) signs a confidentiality agreement Form# pH5-2-1 Confidentiality Document, assuring that all clients whether subcontractor or customer, information is confidential and will only be released to the person listed on the contract or the Sample Request Form or their representative if requested in writing or email by the client. pHLL reserves the right to have all results released to pHLL or its representative to ensure quality control/quality assurance. This information will only be used for research and/or Quality Control.

Delivery and Liability

pHLL will sample and/or test as requested and provided by the client, in accordance with the procedures in pHLL QMS Sec 5-7 and current accreditation authorizations. pHLL is responsible for the accuracy of results in accordance with QMS Sec 4.1 only. Clients shall indemnify pHLL for and against all liability, losses, costs, damages, claims obligations, fees and expenses, if relying on such information results in incorrect conclusions or results. Samples are retained after testing for 30 days and then disposed of by pHLL or subcontractor.

Fees and Prices

Payment is due at time of service. If pHLL is sampling as the primary testing laboratory then all testing and sampling prices are due to pHLL on service. If pHLL is sampling for another primary testing laboratory then payment is due at time of pHLL sampling services, provided the customer is paying in cash. If the customer is paying in cash pHLL will be responsible to transport that cash to the primary testing laboratory. If the customer is paying by credit or debit card the customer must call and give their information to the primary testing laboratory for their tests to be accomplished. pHLL takes no responsibility for credit card information given to another testing laboratory by the customer.. from the client. Any cancellation of services when pH Labs is in transit for on-site sampling will incur an automatic fee of $50.00 and any agreed travel fees.

Limitation of Liability & Warranty

pHLL gives no warranty, expressed or implied, or of fitness for a particular purpose, in connection with its analytical testing, sampling, or reporting done by another primary testing laboratory. Any liability of pHLL to the client or any third party shall be limited to the responsibilities outlined in pHLL’s QMS manual and the appropriate regulations. In no event shall pHLL be liable to the client for any exemplary, punitive, indirect, incidental, special or consequences (including lost expenses or profits) damages arising from or in any way connected with its performance or failure to perform under that agreement, even if the affected party has knowledge of the possibility of such damages.

Applicable Laws

pH Laboratories LLC dba pH Labs (pHLL) in accredited with ORELAP of Oregon under the NELAP TNI regulations and requirements. All work performed by pHLL is in accordance with QMS procedures approved by ORELAP accreditation and OLCC licensing. Legal matters arising from work performed by pHLL will be construed and interpreted in accordance with the laws for Clackamas County, and the State of Oregon.

Marshall Aquilino
President, pH Laboratories LLC