Calibration Terms of Agreement | Constellation PowerLabs
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Calibration Terms of Agreement

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Primary Provisions

1. Constellation PowerLabs will maintain a full-time Customer Care Specialist as a dedicated, single point of contact for this contract to assure that you are provided our high standards of service in a personalized manner.

2. Pricing is based upon information provided at the time of the request. Constellation PowerLabs reserves the right to revise pricing prior to the commencement of work if the received item(s) contains options that differ from those considered by Constellation PowerLabs and/or the technical requirements are different than those provided to Constellation PowerLabs for the initial quote.

3. Definitions:

  • TUR (Test Uncertainty Ratio). The ratio of the tolerance of the unit under test to the Expanded Uncertainty of the measurement.
  • TAR (Test Accuracy Ratio). The ratio of the tolerance of the unit under test to the tolerance of the standard(s) used to calibrate the unit.
  • When performing a calibration which satisfies the requirements of ISO 17025, if calibration test ratios are applicable, the calibration test ratio MUST be calculated using TUR’s.
  • When performing a calibration which satisfies the requirements of ANSI Z540-1, if calibration test ratios are applicable, the calibration test ratio will be calculated using TAR’s

4. Calibration of all Measuring & Test Equipment (M&TE) will be performed in accordance with the following:

a. Pricing is in accordance with the attached pricing matrix and is based on Make-Model as described. Options, extended ranges, or other unidentified specifications may alter pricing. Future additions of M&TE will be priced consistently. This matrix represents the most current information, which is maintained and accessible on our web based Client Info Center (CIC).

b. Complete “As Found” readings will be taken and charged at the stated price – pass or fail.

“As Found” readings found In Tolerance become “As Left” readings.
“As Found” readings that are Out Of Tolerance – an e-mail notification will be provided. Adjustments requiring less than 15 min will be performed at no additional charge. The new readings become the “As Left” data.
“As Found” readings that are Out Of Tolerance where adjustments greater than 15 min are required or if repairs are needed – an e-mail notification will be provided advising condition status and options to proceed.

c. Constellation PowerLabs reserves the right to charge evaluation fees if significant time is spent attempting to calibrate equipment that has not been quoted or has unforeseen problems such as out of tolerances or inoperable parameters. The evaluation fee will be based on time technicians spent on the calibration attempt. (minimum $75 to a maximum of $450)

d. Equipment will be calibrated to meet the manufacturers published specifications or as directed by customer.

e. Certificates of Calibration, Conformance Statements, and Data sheets will remain consistent with currently supplied documents.

f. Calibration Standards and methodology will be used to assure that the 4:1 test-accuracy-ratio (TAR) is maintained for all test points. If this accuracy ratio cannot be met, Guardbanding will be used to provide equivalent technical justification. If an equivalent confidence ratio cannot be met, the customer will be notified. If no test accuracy ratio is specified or imposed by referenced industry specifications a minimum test accuracy of 1:1 will be provided.

g. Pricing is based on the assumption that customer has provided all necessary accessories, power cords, fixtures, etc., to allow the unit under test to be fully functional, at the time of calibration.

h. For ISO 17025 Accredited calibrations:

Calibration Standards and methodology will be used to assure that the 4:1 test-uncertainty-ratio (TUR) is maintained for all test points. If this test ratio cannot be met, Guardbanding will be used to provide equivalent technical justification.

In making statements of conformance to specification, we employ a Binary acceptance decision rule based on guard banding to provide a 4:1 TUR to approximate a ≤ 2.0% PFA global risk. Refer to ILAC-G8:09/2019 for guidance. If an equivalent confidence ratio cannot be met, the customer will be notified. If no test accuracy ratio is specified or imposed by referenced industry specifications a minimum test accuracy of 1:1 will be provided.

5. Radiologically Contaminated M&TE calibrated at our Coatesville PA facility, will be invoiced at the normal calibration charge, plus a Rad-cal fee ($75 minimum) equal to the normal calibration charge. The additional Rad-cal fee is capped at a $750 maximum.

6. M&TE calibrated on-site at the customer facility will be invoiced at prices provided with a minimum charge of $2000/ 8 hour day/ per technician. Weekday overtime hours will be invoiced at the straight time rate of $250.00/hr. Weekend and holiday rates will be 1.5X and 2.0X respectively. Travel expenses, shipment of standards, and IRS posted Per Diem (if any) will be invoiced at cost without mark-up.

7. Expedited M&TE  will be invoiced at the normal calibration charge, plus an agreed upon expedite fee. Expedited services requiring off-hours, weekend, or holiday support may be subject to customary overtime pay rate.

8. Outsourced M&TE will be invoiced at cost, plus a standard mark-up. The mark-up is a flat 50% rate, with a minimum of $50 and a maximum of $5,000.

9. Parts will be invoiced at cost, plus a standard mark-up. The mark up is a flat 50% rate, with a minimum of $50 and a maximum of $5,000.

10. Equipment replacement, per customer approval, will be procured from one of our preferred suppliers and invoiced at cost, plus a standard mark-up. The mark-up is a flat 50% rate, with a minimum of $50 and a maximum of $5,000.

11. Minor adjustments (<15 minutes) will be performed at no additional charge. Major Adjustments (>15 minutes) will be quoted at a fixed price at the time of adjustment.

12. Equipment Requiring Repair will be quoted at a fixed price based on an Evaluation. Minimum Evaluation fee is $100. If repairs are authorized the Evaluation fee will be waived. Pre-approval for evaluation or repairs under $250 (or 50% the cost of a replacement, whichever is lower), is suggested to assure fastest service. If an instrument needs to be repaired by a Constellation PowerLabs sub-vendor, the shipping charges to and from the sub-vendor will be added as a separate line item, to the invoice, with no mark-up

13. Equipment found out-of-tolerance (OOT) will be reported immediately, along with OOT data, to the appropriate CUSTOMER NAME personnel, via e-mail. OOT reports and data also appear on the Client Information Center (CIC). Taking of as-found data will incur a cost equivalent to the calibration cost irrespective of whether or not the instrument is adjusted in-tolerance. Adjustments to restore in-specification performance will be charged as per item 11.

14. Shipping, Packaging, and Handling will be performed in accordance with ANSI N45.2.2, Level B requirements. Shipments from Constellation PowerLabs are made FOB origin, freight prepay and add (or charged to a carrier account of your choice). Title and risk of loss transfer at our dock. Constellation PowerLabs will ship best way if CUSTOMER NAME does not have an alternate preferred method of shipment. Shipments from CUSTOMER NAME to Constellation PowerLabs are FOB destination. Constellation PowerLabs assumes no liability for equipment damaged while in transit.

Constellation PowerLabs does not purchase shipping insurance from our carriers at time of shipment to customer or to vendor if that is a required service. If you (the customer) have an item of particular value that you want us to insure when shipping you will need to notify us in writing. Additional costs for insurance will be invoiced at cost.

15. Bar-coding (code-39 standard) will be used to uniquely identify all M&TE, using customer supplied designators.

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Supplementary Provisions

1. Unless otherwise stated in writing by Constellation PowerLabs, any quotation or other offer to perform services is subject to revocation prior to acceptance and shall expire no later than ninety (90) days from date the quotation or offer is made.

2.Quotes are based upon information provided at the time of the request. Constellation PowerLabs reserves the right to revise the quote prior to the commencement of work, if the received item(s) contains options that differ from those considered by Constellation PowerLabs and/or the technical requirements are different than those provided to Constellation PowerLabs for the initial quote.

3. All material or component evaluations, calibrations, and failure analyses are performed using accepted industrial and commercial methods and are based, in large part, on the information supplied, referenced, or provided. The use of data or conclusions from our reports for implementing any changes or modifications to existing processes, equipment, systems, or procedures must be thoroughly reviewed by appropriate customer personnel prior to implementation. This data shall be limited to use by the customer and all liability assumed or implied is between customer and Constellation PowerLabs.

4.Constellation PowerLabs reserves the right to terminate this agreement in whole or in part, at any time for cause upon ninety (90) days prior written notice.

5. Pricing is subject to change on an annual basis or as defined in the proposal.

6. Constellation PowerLabs’ performance of any of its obligations shall be excused if such failure results from a cause beyond Constellation PowerLabs’ reasonable control or from fire, flood, strike or other labor difficulty, act of Nature, act of governmental authority or customer, act of terrorism, riot, embargo, power failure or interruption, delays or wrecks in transportation, or inability to obtain necessary labor, materials or facilities from usual sources.

7. Constellation PowerLabs will return items requiring customer input, approval, or accessories if resolution is not achieved within two weeks. Components and items submitted for failure analysis and/or testing will be discarded after 30-days from report issue date, unless CUSTOMER NAME requests return. All appropriate costs such as vendor charges, shipping, insurance, processing, etc. will be invoiced.

8. Constellation PowerLabs is not responsible for items such as manuals, accessories, etc. not listed on the packing list.

9. Constellation PowerLabs is not responsible for items that arrive damaged due to improper or inadequate packaging or handling. Such conditions will be reported immediately to customer.

10. Customer agrees to limit Constellation PowerLabs, LLC liability such that the total aggregate liability to customer, whether based in contract or tort, or both, shall not exceed Fifty Thousand Dollars ($50,000) or Constellation PowerLabs’ total fee for services rendered pursuant to this agreement whichever is lower.

11. Payment terms: 30 Days Net. Balances not paid within thirty (30) days of invoice are subject to accrued interest at the rate of one and one-half percent (1½%) per month (eighteen percent (18%) per year) from the date of invoice. Payment by check or credit card is acceptable. Partial payments will first be applied to any unpaid interest, then to any outstanding charges and then to current charges. Please note that credit card payments will be assessed at a 3% fee. Partial payments will first be applied to any unpaid interest, then to any outstanding charges and then to current charges.

12. Applicable sales tax will be collected on orders shipped to the following states: New York, Pennsylvania, and Illinois, unless customer furnishes or has provided an acceptable proof of exemption. The customer shall be responsible for any applicable sales and use taxes on orders shipped beyond the above listed states. Constellation PowerLabs does not purchase shipping insurance from our carriers at time of shipment to customer or to vendor if that is a required service. If you (the customer) have an item of particular value that you want us to insure when shipping you will need to notify us in writing. Additional costs for insurance will be invoiced at cost.

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