ARTICLE 1. ALLIANT FOOD SAFETY LABS, LLC RESPONSIBILITIES.
1.1 Alliant shall perform testing services consistent with applicable international standard practices, rules and regulations.
1.2 Alliant shall submit reports of services performed indicating results of testing. Such results and reports thereon will be solely upon samples as provided by CLIENTS. Such results are intended for use by persons having professional skill and training in the interpretation of such results. Alliant assumes no responsibility, and CLIENT hereby waives all claims against Alliant, for interpretation of such results.
ARTICLE 2. CLIENT’S RESPONSIBILITIES.
2.1 CLIENT hereby represents and warrants that it has the full right and authority to enter into this agreement.
ARTICLE 3. PAYMENT.
3.1 CLIENT shall pay Alliant Food Safety Labs, LLC for services and expenses in accordance with Alliant’s invoices which shall be paid within thirty (30) days of the receipt of invoice. Any balance remaining unpaid after the due date may be subject to a service charge of 1.5% per month until paid, but in no event shall such charge exceed the rate permitted by applicable law. Failure to make payment within sixty (60) days of the date of invoice shall be deemed an event of default under this Agreement. If legal action or collection proceedings are necessary to enforce payment, CLIENT shall be liable for Alliant’s costs of collection, including collection agency and attorney’s fees. Alliant reserves the right, prior to performing any services, to require from CLIENT satisfactory security for performance of CLIENT’s obligations. If CLIENT fails to furnish satisfactory credit information, or if its account is in arrears, Alliant may, at its option, defer further performance or terminate this Agreement.
ARTICLE 4. SUPPLIES.
4.1 Sampling Supplies may be provided by Alliant as long as they are returned to Alliant for further testing. The cost of Shipping of Supplies is borne by the CLIENT. In the event supplies are not returned for testing, ALLIANT has the right to charge back the customer at cost.
ARTICLE 5. GENERAL CONDITIONS.
5.1 Alliant shall not be liable for delays or other problems caused by unforeseen circumstances or circumstances beyond its reasonable control, compliance with governmental requests, regulations or breakage or failure of equipment or apparatus or any other even beyond the reasonable control of Alliant.
5.2 If for any reason this Agreement is not signed by CLIENT, any conduct by CLIENT which recognizes the existence of a contract pertaining to the subject matter hereof, including but not limited to CLIENT providing samples to Alliant and/or performance of any service by Alliant for the benefit of CLIENT shall constitute acceptance by CLIENT of this Agreement and all of its terms and conditions.