Unless otherwise stated in a formal contract, services provided by Home Wine Lab LLC (HWL) are expressly limited to the terms and conditions stated herein.
Confidentiality
Reports are provided only to the Client or those designated by the Client unless otherwise required by law. The Client agrees not to use analytical report(s) or data in any manner that may harm the reputation or business of HWL. The Client may not publish the name of HWL without written approval.
Acceptance of Samples
If HWL determines that a sample(s) will not yield valid data for any reason (including but not limited to sample preservation, improper sample containers, or samples that require modification of our normal procedures), sample(s) will not be accepted and the Client will be notified of such determination. If modification of HWL procedures is possible, which could affect the accuracy of the requested analytical result(s), the Client will need to verbally or in writing agree to accept results for the sample(s) prior to processing.
Delivery of Samples
The Client is responsible for sample(s) until they are received by HWL personnel. HWL is not responsible for sample(s) that are rejected because of holding time or improper preservation or storage before sample(s) are received by HWL personnel. HWL reserves the right to refuse to accept sample(s) that are suspected of being hazardous. The remainder of sample(s) found to be hazardous will be returned to the Client for proper disposal. It is the responsibility of the Client to label and meet all regulations on samples that are hazardous.
Contracts
All contracts are subject to review and must be signed by an official officer of HWL.
Payment Terms
All services must be prepaid unless credit is established, then net 15 days. Past Due accounts will be charged 1.5% per month of the unpaid balance. The Client agrees to reimburse HWL for the costs of collection of past due debts including but not limited to collection and legal fees. The Client may not defer billing to a third party. Paperwork submitted with sample(s) is assumed to describe the testing desired, and changes must be made in writing, unless otherwise specified by HWL. If analysis is started before the request for changes is made, the Client must pay for testing that was already completed. HWL will not be responsible for holding times or deadlines that are missed because of changes or delays in payment.
Rush Analysis
Rush analysis is available but may be surcharged depending on the analysis. It is the Client’s responsibility to inquire of such charges prior to submission of sample(s) for analysis. HWL reserves the right to refuse any request for rushed analysis.
Hazardous Waste
The Client must notify HWL of any materials suspected of being hazardous and provide the appropriate documentation and packaging of such samples. Hazardous samples may be returned to the Client.
Quality Assurance
HWL agrees to follow their Quality and Method of Standard and Operating Procedures unless specified in writing. It is up to the Client to determine if these procedures meet their needs prior to placing the order.
Litigation
The Client agrees to assume all costs associated with official requests for documents or testimony. HWL and the Client waive the right to a trial by jury.
Indemnification
HWL agrees to indemnify the client for gross negligence or misconduct on the part of HWL or its agents unless such negligence is a result of negligent or willful omissions on the part of the Client. The Client understands and agrees to limit the liability of HWL to the cost of services provided or the damages incurred, whichever is less. The Client agrees to indemnify HWL for gross negligence or misconduct on the part of Client or its agents unless such gross negligence is a result of negligent or willful omissions on the part of HWL.
No Liability for Advice
HWL shall not be liable, answerable or accountable for any loss or damage resulting from the advice given by HWL or the exercise by HWL of its discretion or its refusal to exercise its discretion, provided that HWL has acted in an honest manner and is not in breach of any of its obligations hereunder. All advice (website, electronically, verbally) by HWL should be construed as suggestion, whereas the information given is an opinion concerning the circumstances under consideration and not a command.
Warranty
HWL warrants the accuracy of the result(s) of sample(s) as submitted, no other warranty or liability for the use of the result(s) is expressed or implied.
Reports
Standard reporting is included in the analysis price. Reports will be kept for 2 years unless otherwise required by law or specified in writing.
Sample Containers
HWL will provide containers upon request.
Retention of Samples
Empty container(s) and sample(s) that are analyzed are disposed of immediately, unless otherwise specified by the Client.
Cancellation Policy
All orders cancelled within 2 hours of a scheduled pickup may be subjected to a cancellation fee.