Terms and Conditions

Pricing and Charges

Prices to be charged for work performed are due at time the order is placed. Cancellation of testing services when ORIGO LABS, LLC (Hereafter, ORIGO LABS) employee is in transit or on-site will incur an automatic fee of $150. Cancellation of order after sampling has begun or while sample in transit will result in a cancellation fee of 50% of order. No refunds for cancellation of any part or all of order after samples have been delivered to laboratory.

Delivery and Liability Limitations

ORIGO LABS will analyze samples requested and provided by CLIENT in accordance with the procedures documented in the ORIGO LABS Quality Manual. ORIGO LABS assumes no responsibility for the accuracy of such information and shall not be liable if reliance on such information results in incorrect conclusions or results. CLIENT shall indemnify ORIGO LABS for and against all liabilities, losses, costs, damages, claims, obligations, fees and expenses, if relying on such information results in incorrect conclusions or results. Samples are retained for 15 days and then disposed of. ORIGO LABS may sub-contract out CLIENT sample. Reports may be withheld from release unless payment on past & current invoices is received. ORIGO LABS does not guarantee turn-around times or timeliness of results.

Confidentiality

ORIGO LABS will use its best efforts to treat all information regarding work performed for CLIENT as proprietary and confidential. CLIENT information will be released only to persons listed on the CLIENT INFORMATION FORM, unless test results have failed. Under Illinois Law, ORIGO LABS is required to notify the state authority of failed test results. It is the CLIENT’S responsibility to notify ORIGO LABS in writing of any changes to persons listed on CLIENT INFORMATION FORM.

Limitation of Liability and Warranty

ORIGO LABS gives no warranty, express or implied, or of fitness for a particular purpose, in connection with its analytical testing, sampling, or reporting. Any liability of ORIGO LABS to CLIENT or any third party shall be limited to the cost of analysis charged to CLIENT. In no event shall ORIGO LABS be liable to CLIENT for any exemplary, punitive, indirect, incidental, special, or consequential (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. ORIGO LABS does not guarantee turn-around times.

Past Due Accounts

Accounts that are past 45 days will incur a 2.5% charge of the invoice amount each month, until the invoice is paid in full. Client agrees to pay the interest as a services charge and all of ORIGO LABS collection costs, including reasonable attorney’s fees.

Applicable Law

Any allegation or claim, whether legal, regulatory, or administrative, arising from work performed by ORIGO for CLIENT shall be interpreted and governed in accordance with the laws of the State of Illinois, notwithstanding the residence or principal place of business of CLIENT, the place where this Agreement may be executed by any of the parties hereto, the place where any property may be located, or the provisions of any jurisdiction’s conflict of laws rules. The jurisdiction is the State of Illinois and of the courts of the United States for a judicial district within the territorial limits of the State of Illinois for all purposes of this Agreement and any ancillary document to which he, she or it is a party, and the venue of any action or proceeding arising out of or relating to this work being Cook County, Illinois

Net 30 Accounts

Payment terms are NET 30 from the date of invoice, upon ORIGO LABS approval of CLIENT’s application for NET 30. If CLIENT is approved, the following terms apply: CLIENT agrees to pay a 2.5% interest Finance Fee if payment is not received within 45 days from the day invoice is issued. The Finance Fee will be 2.5% of the invoice amount each month, until the invoice is paid in full. CLIENT agrees to pay all of ORIGO LABS collection costs, including reasonable attorney fees and associated costs due to late or non-payment. Notwithstanding the foregoing, ORIGO LABS reserves the right to refuse service for any reason, including for the reason that CLIENT already has a Net 30 balance exceeding the amount agreed to in the Application.

Terms and Conditions are subject to change at any time without notice. Any order placed after the Terms and Conditions have changed will be subject to the new Terms and Conditions.

Why we need your personal data?

By providing your personal information e.g. name, postal/email address, telephone number enables Smithers to provide you with tailored information on our services. These might include purchased products such as market reports and conference places, testing or consulting services as well as digital resources such as whitepapers, webinar and brochures. Smithers is committed to ensuring  the information we collect and use is appropriate for this purpose, and will process (collect, store and use) the information you provide in a manner compatible with the governing data protection laws. Smithers will endeavor to keep your information accurate and up-to-date, retaining it only for as long as required.

How will we use your data?

We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, provide content or a service you have requested, or where the processing is in our legitimate interests to promote the testing, consulting, information, and compliance services and/or products offered by Smithers.

Will Smithers share my data?

A Smithers member company may on occasion transfer your personal information to another Smithers member company, in some cases outside the European Economic Area. Smithers member companies are obligated by agreement amongst themselves to protect such information and comply with applicable privacy laws. Smithers will not pass on your information gained through an engagement without your consent.

How will Smithers protect my data and keep it secure?

Smithers follow strict procedures to ensure your personal and financial information remain secure. To prevent unauthorised access or disclosure of your information, we have put in place stringent security and best practice processes to ensure your information is protected online.

How long will Smithers keep my data for?

Smithers will retain personal information collected from you where we have an ongoing legitimate business need to do so. Smithers will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it and in accordance with the time periods found in our Data Retention Policy.

Your Legal Data Protection Rights

At any point while we are in possession of or processing your personal data you can exercise all of the rights available to you under the governing data protection law. You can view these rights in full on our Privacy Notice.

Through agreeing to this privacy notice you are consenting to Smithers processing your personal data for the purposes outlined. You can withdraw consent at any time, or raise a question or concern by emailing us at privacy@smithers.com.

FULL SMITHERS PRIVACY NOTICE