|
Idemitsu Lubricants America Corporation
LUBRICANT TESTING LABORATORY
701 PORT RD
JEFFERSONVILLE, IN 47130
Phone# 812-285-8234
Fax# 812-285-8243
Email:
rhutchens@ILAcorp.com
Laboratory Supervisor/QC Chemist- Robin Hutchens
Business
Hours
Our business hours are from 8:00am to 4:30pm Eastern Standard Time, Monday
through Friday.
First
Time Customers
First time customers are requested to sign and return this agreement for
Terms and Conditions of sale. A credit application must be submitted before or with your first
order.
Submitting
a Sample for Testing
An Idemitsu Lubricants America Corporation Sample Request Sheet must accompany each sample to the
address noted above. You may also call in or email your request for testing. A
copy of the Sample Test Request Sheet is attached to this Service Agreement. For
future samples, please make copies of the Sample Test Request Sheet.
Any order is subject to acceptance by Idemitsu Lubricants America Corporation. You will be
expected to cooperate and provide all reasonable help and resources requested by
Idemitsu Lubricants America Corporation during our performance of the service.
All Samples must be accompanied by an
MSDS. We can not accept any
samples without an MSDS.
Payment
Terms
Payment for service is due net thirty days from the date of the invoice. In
addition, Customer will pay all sales and other taxes and all duties, excluding
taxes directly imposed on Idemitsu Lubricants America Corporation's income.
Turnaround
Time
3 or 4 days for turnaround time. Depending on the volume of testing, samples
may be done as early as 1 day.
Report
Test results will be reported on an
Analysis Report Form and can be
faxed or mailed to the customer. We transfer no ownership or intellectual
property rights in Idemitsu Lubricants America Corporation's testing technology to Customer.
Sample
Retention
A customer's sample will be retained for 30 days.
Discounts
Discounts are available for large volumes of samples or long term service.
Limited
Warranty
Accuracy and precision control for all test methods are based on the regular
testing of a control sample. Idemitsu Lubricants America Corporation participates in the ASTM
Inter-laboratory testing programs to ensure a high degree of confidence in the
accuracy and precision of test results.
Idemitsu Lubricants America Corporation Analysis Reports are for customers only. Our customers are
considered only those entities being billed for our services. Acquisition of an
Idemitsu Lubricants America Corporation Analysis Report by other than such customer is not any
representation by Idemitsu Lubricants America Corporation as to the accuracy of the contents. We issue
the Analysis Report solely for our customers and supply only information they
specifically requested. No one else may rely on an Analysis Report. Idemitsu Lubricants America Corporation or Customer may not have reported other relevant information.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, Idemitsu Lubricants America Corporation DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SERVICES OR THE
ANALYSIS REPORT, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Idemitsu Lubricants America Corporation EXPRESSLY DISCLAIMS LIABILITY AS AN INSURER
OR GUARANTOR.
CUSTOMER AGREES TO INSURE THE PRODUCT INVOLVED AGAINST ALL RISKS.
Limited
Liability and Risk Allocation
Customer has independently verified, without relying upon any skill or
judgment of Idemitsu Lubricants America Corporation, that the testing services and Analysis Report are
appropriated for the purposes for which Customer intends to use them. Idemitsu Lubricants America Corporation is not liable for indirect, special, incidental, consequential,
punitive, or exemplary damages ( lost profits, loss of data, or any other
economic damage) of Customer or any other person or entity occurring out of a
breach of this Service.
Schedule or concerning the use of the services or Analysis Report, whether
any claim for such recovery is based upon theories of contract or tort. Idemitsu Lubricants America Corporation's maximum aggregate liabilities to Customer under this Service Schedule
for any cause of action will not exceed the amount Customer has paid to Idemitsu Lubricants America Corporation under the relevant order at the time the cause of action accrues. Idemitsu Lubricants America Corporation and Customer acknowledge that this Section reflects an informed,
voluntary allocation between them of all risks (both known and unknown)
associated with this Service Schedule.
Delay
in Performance
Performance under this Service Schedule may be postponed by either party to
the extent that its performance under this Service Schedule as a particular
order is rendered commercially impractical because of a cause beyond its
reasonable control. However, in case of such an occurrence, the party prevented
from performing shall promptly give notice to the other party of the
commencement, nature, and projected duration of the cause.
Governing
Law
This Service Schedule shall be construed, interpreted, and enforced in accord
with the laws of the State of Indiana, USA. The parties consent to exclusive
personal jurisdiction in Indiana over any dispute arising under this Service
Schedule.
Modifications,
Amendments, and Waiver
This Service Schedule will not be modified or amended (including by custom,
usage of trade, or course of dealing) except by a written instrument that
specifically refers to this Service Schedule and is signed by a duly authorized
official of each party. Performance of any obligation required of a party under
this Service Schedule may be waived only by a written waiver signed by a duly
authorized official of the other party and any such waiver shall be effective
only for the particular obligation described.
Survival
of Provisions
The terms and provisions of this Service Schedule that by their sense and
context are intended to survive performance by either or both parties shall so
survive the performance and end of this Service Schedule, including without
limitation LIMITED WARRANTY, LIMITED LIABILITY AND RISK
ALLOCATION, AND
GOVERNING LAW.
To confirm that the Customer understands and agrees to the terms and
conditions in this Service Agreement, Customer's duly authorized representative
signs this Service Agreement.
Customer's Name: ___________________________________
Authorized Representative's Name:___________________________________
Authorized Representative's Title:___________________________________
Authorized Representative's Signature:___________________________________
Date: ___________________________________
|