Terms and Conditions

Terms of Service

These Terms of Service contain the terms and conditions under which Nutri Analytical Testing Laboratories provides laboratory services (“Services”) to its customers (each a “Customer”). Customer’s submission of a sample submittal form or delivery of any sample(s) to Nutri Analytical constitutes Customer’s acceptance of these Terms of Service. It is Customer’s responsibility to check the Terms of Service for any future changes. Customer’s submission of a sample submission form or delivery of any sample(s) to Nutri Analytical after any changes constitutes Customer’s acceptance of the changes. Should Nutri Analytical and Customer have agreed upon a different written contract covering Services, that contract will control during its term. Nutri Analytical reserves the right to refuse services to anyone.

Health & Safety

Customers must inform Nutri Analytical of any hazard relating to the samples submitted for analysis. Nutri Analytical will hold Customer responsible for any injury or illness that results from the handling of materials that are not clearly labeled as being of a hazardous nature.

Changes to Services

Nutri Analytical will make reasonable efforts to satisfy Customer’s written request for changes in analyses testing after acceptable of a sample, such as adding or deleting analyses. However, Customer will be responsible for any change in pricing and/or increase in turnaround times. Customer should contact Nutri Analytical in advance for additional information. Customers who request to cancel testing services after sample is processed in the laboratory will be obligated to pay Nutri Analytical on a pro rata basis for services already performed before Nutri Analytical received the cancellation request.

Risk of Loss

Nutri Analytical is not responsible or liable for any action/inaction of any carrier shipping or delivering sample(s) to or from Nutri Analytical. Customer is responsible for taking the necessary actions to package, label, and transport the sample to Nutri Analytical.

The Analytical Services

Analyses will only relate to the sample as received and not from any bulk or previous samples that relate to the present sample. Samples with different lot numbers are considered separate analyses regardless of same analyses requested. Unless Customer has a written request to use a specific testing method, Nutri Analytical will perform testing using in-house methods.

Repeat Testing

Upon request from Customer, Nutri Analytical shall repeat testing request if sample contains sufficient material. Nutri Analytical will only invoice Customer for the repeat test if the repeat testing result confirms the initial test result. If the initial test results are statistically different from the repeat testing result, a Corrective Action form will be filled out and provided to Customer.

Reporting Results & Confidentiality

Once testing is completed and reviewed by the laboratory manager, Nutri Analytical will send Customer the Certificate of Analysis via e-mail. Nutri Analytical will not release test results to any party besides the individual(s) specified on the sample submittal form. If Customer needs the test results sent to another party, Customer must provide written approval via email allowing Nutri Analytical to release results. It is the policy of Nutri Analytical not to provide interpretations or opinions on results of analyses. However, we will be prepared to discuss the facts contained in the analytical report. Nutri Analytical will retain raw data reports from analyses for 3 years after testing and retain electronic copies of Customer’s Certificate of Analysis (COA) for 5 years.

Our Liability

Nutri Analytical shall be liable to reimburse Customer on account of any defects in our results as a result of our services. Compensation is only limited to the reimbursement of the testing fees paid for the specific analyses.

Price & Payment

Nutri Analytical offers a 5% discount to new customer’s first order. New customers to Nutri Analytical are required to prepay their first order. Minimum payment for UBE services is $55.00. Analyses under $55.00 will be invoiced at $55.00 minimum. Payment by credit card is accepted, unless another form of payment is pre-negotiated. Payments are due 20 days from the date printed on the invoice. Nutri Analytical will not process samples with Customer should Customer have an outstanding balance greater than $3,000.00 due to Nutri Analytical. Prices for particular analyses may vary depending on the material of the sample. The price for the analyses shall be agreed upon between Customer and Nutri Analytical before testing. Nutri Analytical reserves the right to request pre-payment for services for large orders.

Force Majeure

Nutri Analytical will not be held responsible for any failure to perform or delays in turn-around time that is caused by contingencies outside our control.

Contingencies outside our control includes any event, act, accident that is beyond our reasonable control and includes but is not limited to the following:

• civil commotion, war (whether declared or not), civil war, riots, acts of terrorism and sabotage
• fires, storms, floods, earthquakes, other natural disasters and epidemics
• failures in utilities companies such as internet, gas, or electricity services
• labor disputes or strikes

Nutri Analytical's testing services under any of the circumstances may be suspended for analyses duration that period.

Our Right to Vary These Terms of Service

Nutri Analytical reserves the right to amend our terms of service to reflect changes in the market conditions affecting our business, developments in technology, shifts in payment methods, changes in relevant laws and regulatory requirements, and updates in our system’s capabilities.

Entire Agreement

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

Severability In Event of Partial Invalidity

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

Governing Law

This Agreement shall be governed by and construed under the laws of the State of California, without regard to principles of conflicts of law. The parties agree that any dispute regarding the interpretation or validity of this Agreement shall be subject to the exclusive jurisdiction of binding arbitration, and each party hereby agrees to submit to the personal and exclusive jurisdiction and venue of binding arbitration in the County of Los Angeles, State of California.

Expenses and Attorney’s Fees

If any legal action or other proceeding is brought for the enforcement or interpretation of these terms and conditions, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these terms and conditions, the successful or prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which such party may be entitled.