Technical Services Terms of Agreement - Powerlabs

Tech Services Terms of Agreement


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 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 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. All appropriate costs such as vendor charges, shipping, insurance, processing, etc. may 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. Components and items submitted for failure analysis and/or testing will be discarded after 30-days from report issue date, unless Customer requests return. All radioactive materials and HazMat will be returned at the Customer’s expense.

11. 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.

12. 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.

13. 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. 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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