Language

Limitation of liability:

Warranty: BRUKER PROFESSIONAL ANALYTICAL SERVICES expressly warrants for a period of thirty (30) days following completion of any SERVICE that the SERVICE was performed in accordance with generally accepted practices and procedures or, if applicable, practices or procedures developed by BRUKER PROFESSIONAL ANALYTICAL SERVICES.

BRUKER PROFESSIONAL ANALYTICAL SERVICES sole responsibility under this Limited Warranty is to re-perform any Service within 30 days of the initial results’ delivery date on the original sample kept in storage. If the second analysis confirms the original results, the full price of both analyses will be charged. If the recheck results differ from the original results, there will be no charge to the Customer for the second analysis.

EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY THE WARRANTY AND THE REMEDY SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY IMPLIED BY STATUTE OR COMMON LAW) WHICH ARE DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRUKER PROFESSIONAL ANALYTICAL SERVICES 'S LIABILITY AND THE CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THIS AGREEMENT, THE INFORMATION AND/OR SERVICES FURNISHED HEREUNDER, WHETHER IN CONTRACT, OR IN TORT, OR OTHERWISE, IS LIMTED TO THE AMOUNTS PAID BY THE CUSTOMER TO BRUKER PROFESSIONAL ANALYTICAL SERVICES HEREUNDER. BRUKER PROFESSIONAL ANALYTICAL SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS.

Samples: If the Customer provides Samples to BRUKER PROFESSIONAL ANALYTICAL SERVICES under this Agreement, THE CUSTOMER shall deliver Samples to BRUKER PROFESSIONAL ANALYTICAL SERVICES freight prepaid in appropriate condition as described under "Sample Delivery Rules" for analysis or as more specifically requested by BRUKER PROFESSIONAL ANALYTICAL SERVICES. Any Sample preparation costs will be billed to THE CUSTOMER at the agreed upon rate, or if no rate has been established, then at BRUKER PROFESSIONAL ANALYTICAL SERVICES's standard rate (available upon request) in effect for such SERVICES. The Customer will notify BRUKER PROFESSIONAL ANALYTICAL SERVICES in writing of each and every hazard associated with samples and the performance of tests thereon, and will provide a Safety Data Sheet for any hazardous chemicals. The Customer also agrees to notify BRUKER PROFESSIONAL ANALYTICAL SERVICES of the proper methods of disposal of sample remaining after performance of testing. Bruker Professional Analytical Services will charge the Customer for any costs to return the Samples to the Customer. The Customer assumes full liability for any and all costs, expenses, and damages in any way resulting from the Customer's failure to provide the relevant hazard information and/or disposal notice to BRUKER PROFESSIONAL ANALYTICAL SERVICES as required hereunder. The Customer will indemnify and save BRUKER PROFESSIONAL ANALYTICAL SERVICES harmless from and against all costs, expenses, damages, claims, and liabilities of whatever kind to BRUKER PROFESSIONAL ANALYTICAL SERVICES employees, officers, and third persons arising in connection with such failure to notify. BRUKER PROFESSIONAL ANALYTICAL SERVICES retains the right to refuse to accept any samples for testing with or without cause and to dispose of any Samples upon completion of testing.

Scope of testing: All test results provided by Bruker Professional Analytical Services are limited to the request of the Customer, and we not make any guarantee that the sample tested is representative of the entity from which the sample derives.

Rush Service: Rush services are available at 100% surcharge above list fee, or and appropriate surcharge will be negotiated at the time of placing the Order. Rush service must have prior approval from BRUKER PROFESSIONAL ANALYTICAL SERVICES.

Acceptance and Payment: If the Customer does not provide written notice to BRUKER PROFESSIONAL ANALYTICAL SERVICES within 30 days from date of invoice, the Customer shall be deemed to have accepted SERVICES.
 
Confidential Information: For a period of two (2) years from receipt of information or Sample, BRUKER PROFESSIONAL ANALYTICAL SERVICES agrees to keep confidential all information, drawings, specifications, data or Samples furnished by THE CUSTOMER and marked as "Proprietary" or "Confidential" and shall not divulge such information or data, provided, however, that BRUKER PROFESSIONAL ANALYTICAL SERVICES may disclose to employees, agents or consultants of BRUKER PROFESSIONAL ANALYTICAL SERVICES or its affiliated companies information necessary to perform services. Upon request of THE CUSTOMER, BRUKER PROFESSIONAL ANALYTICAL SERVICES shall destroy or return all confidential documents and/or Samples. However, confidential information shall not include information which 1) at the time of disclosure has been published or is available to the public through no fault of BRUKER PROFESSIONAL ANALYTICAL SERVICES; 2) is rightfully received from a third party without any obligation of confidentiality; 3) is rightfully known to BRUKER PROFESSIONAL ANALYTICAL SERVICES without any limitation on use or disclosure prior to its receipt from THE CUSTOMER; or 4) is independently developed by employees of BRUKER PROFESSIONAL ANALYTICAL SERVICES or is generally made available to third parties by the disclosing party without restriction. BRUKER PROFESSIONAL ANALYTICAL SERVICES also agrees not to publish specific test results of THE CUSTOMER by name without first obtaining permission. THE CUSTOMER agrees not to use BRUKER PROFESSIONAL ANALYTICAL SERVICES's name in reporting results obtained from tests performed by BRUKER PROFESSIONAL ANALYTICAL SERVICES without first obtaining BRUKER PROFESSIONAL ANALYTICAL SERVICES's written consent as to such use.
 
Intellectual Property: All BRUKER PROFESSIONAL ANALYTICAL SERVICES Intellectual Property used in the provision of SERVICES and any Intellectual Property developed by BRUKER PROFESSIONAL ANALYTICAL SERVICES during the provision of the SERVICES or otherwise shall remain the property of BRUKER PROFESSIONAL ANALYTICAL SERVICES.
Solicitation: THE CUSTOMER specifically agrees that it will make no attempt to solicit, recruit, or hire, and that it will not hire, any employees of BRUKER PROFESSIONAL ANALYTICAL SERVICES who provided or contributed to the SERVICES offered under this Agreement for a period of six months following the completion or termination of the SERVICES.
Discontinuation of Services: BRUKER PROFESSIONAL ANALYTICAL SERVICES may discontinue the SERVICES provided hereunder by providing the THE CUSTOMER with prior written notice of intent to terminate SERVICES.
Notices: Any notice required to be served pursuant to these terms and conditions shall be in writing and sent either by first class post/mail, faxed or e-mailed. Receipt shall be the date of actual receipt.
Non-Assignment: THE CUSTOMER shall not be entitled to assign the rights and obligations contained hereunder (or any part thereof) without the prior written consent of BRUKER PROFESSIONAL ANALYTICAL SERVICES.
Third Party Rights: This Agreement does not establish third-party beneficiary rights in any party.
 
Waiver:by BRUKER PROFESSIONAL ANALYTICAL SERVICES of any breach or default by THE CUSTOMER will not be deemed as a waiver of any subsequent breach and will in no way affect the other terms.
Disputes: The parties agree to submit any dispute arising out of this Agreement to negotiations or mediation prior to commencing litigation. Any litigation for a dispute not resolved by negotiations or mediation must be commenced within two years after the cause of action accrued. This Agreement shall be deemed to have been entered into in the city of the BRUKER PROFESSIONAL ANALYTICAL SERVICES country headquarters for the BRUKER PROFESSIONAL ANALYTICAL SERVICES entity party to this Agreement and the Agreement shall be governed and construed by the laws of the city of such BRUKER PROFESSIONAL ANALYTICAL SERVICES domicile.
Insurance: BRUKER PROFESSIONAL ANALYTICAL SERVICES maintains such liability, property damage, employer's liability, and worker's compensation insurance as required by law at a level appropriate to its reasonable business needs. No individual Customers are named as additional insureds on any policy of BRUKER PROFESSIONAL ANALYTICAL SERVICES.
Other Provisions: THE CUSTOMER assumes all liability for or in any way arising from use of the information furnished hereunder. THE CUSTOMER will indemnify and hold BRUKER PROFESSIONAL ANALYTICAL SERVICES harmless from and against any and all costs, expenses, damages, claims and liabilities of whatever kind to third persons arising in connection with said information and its use. BRUKER PROFESSIONAL ANALYTICAL SERVICES will not be liable for its failure to perform hereunder if performance is made impracticable due to equipment breakdown or any occurrence beyond its reasonable control, including among other things, acts of God, injuries, floods, accidents, labor shortages or disputes, wars, inability to obtain equipment, or governmental laws, ordinances, rules and regulations. If BRUKER PROFESSIONAL ANALYTICAL SERVICES is requested to respond to any mandatory orders for the production of documents or witnesses on THE CUSTOMER's behalf regarding work performed by BRUKER PROFESSIONAL ANALYTICAL SERVICES, THE CUSTOMER agrees to pay all costs incurred by BRUKER PROFESSIONAL ANALYTICAL SERVICES not reimbursed by others in responding to such order, including staff time at current billing rates and reproduction expenses. This Agreement may not be altered or amended

Sample Delivery Rules

Sample delivery to our facility is exclusively by mail or courier and it is the Customer’s responsibility to follow any safety rules regarding transportation.

Bruker Professional Analytical Services will usually receive up to 2 grams of sample material, properly labeled, and accompanied by an MSDS sheet if available. We will dispose of any material over 2 grams, at the Customer’s expense, unless we previously agreed to receive higher quantities on a case by case basis.

Bruker Professional Analytical Services makes available to the Customer an Order Form that should be filled for each sample. We understand that sometimes not all the requested information is available or relevant for each sample, but we appreciate your effort in completing said form as thoroughly as possible. The aim of the data collection is to serve you better by taking careful care of your sample, as well as to warn our personnel regarding any potential health hazard that could result from handling the material without the proper safety measures. All data received and produces by our Laboratory will be treated with complete confidentiality.

Samples will be retained for a period of thirty (30) days after delivery of results; at the end the thirty days the sample will be removed from storage and processed as waste. Longer storage times or sample return can be arranged, and the Customer will be charged accordingly.