Standard Terms and Conditions
All services provided by Medallion Laboratories (“Medallion”) are subject to the
terms and conditions stated herein. As our client, you (“Client”) understand and
agree that placement of any order for our services constitutes acceptance of the
terms and conditions stated herein. To the extent that any Client order contains
any terms or conditions that vary from the terms and conditions stated herein, all
such additional or varying terms and conditions shall be of no force or effect,
and shall not be part of the Client-Medallion relationship or contract, even if
Medallion performs the requested service.
Confidentiality is maintained in all interactions with Clients.
Appropriate confidentiality agreements are signed willingly. If information is subpoenaed
and released through the operation of any judicial, regulatory, or similar process,
the Client is notified. In turn, the Client agrees to respect this relationship
of trust. The Client agrees it will not use Medallion’s name or data (or the name
or data of any General Mills entity) in any manner which might cause harm to Medallion’s
(or General Mills’) reputation and/or business. Under no circumstances is the name
of Medallion (or of any of its General Mills affiliates) to be published, either
alone or in association with that of any other party, without prior written approval.
Payment terms are Net 30 days. Prices are subject to change
All fees or bills are charged directly to the Client, unless a third
party has been authorized via a signed statement indicating payment responsibility.
It is assumed that the paperwork submitted with a sample describes the testing desired.
If changes are made after the originally requested testing is initiated or completed,
the Client must accept payment responsibility. Please notify Medallion immediately
if changes in testing are necessary.
Samples should be collected, prepared and shipped according
to proper procedures and accompanied by a Medallion request form for the desired
analysis. Sample preparation, collection, and shipping instructions, and Medallion
request forms are available online at www.Medallionlabs.com. Please include all
information requested on the form, and use the newest forms as available on the
Medallion website to avoid processing delays. Samples will typically be held for
two (2) months, except: (1) where samples have been utilized for testing and thereby
consumed; (2) where micro samples are destroyed; (3) where suspect samples are autoclaved;
(4) where samples are returned early at the request of the Client; (5) where storage
will compromise the integrity of the sample; or (6) where circumstances exist that
prevent samples from being held for the typical two (2) month time period.
HAZARDOUS SUBSTANCES AND PATHOGENS
Any sample containing or suspected to
contain a pathogen or substance that is considered hazardous must be clearly identified
as such on the container and communicated to Medallion before shipping. Medallion
reserves the right to refuse any sample that may pose a risk to employees. Return
or destruction of such samples is at Client’s expense.
Medallion strives to complete all analyses within the turnaround
times specified on our website. Medallion also makes every attempt to deliver rush
turnaround in a compressed time, which is also specified on our website. In most
cases, rush turnaround is five working days unless the test itself requires a longer
time for completion. Rush analysis is offered contingent upon pre-notification and
approval of Medallion. However, a rush fee of 100% surcharge of the list fee will
be added to the invoice for each analysis completed in five or fewer working days
(or when the test itself requires substantial time for completion, a compressed
timeline agreed upon in advance) at the request of the Client. Medallion reserves
the right to outsource an analysis entirely at Medallion’s expense and without prior
notification to Client, unless Client requests otherwise. Reported results relate
only to the items tested and test reports shall not be reproduced except in full.
Retests performed at the Client’s request may be charged
to the Client if the retest confirms the original results. In the event the retest
results significantly differ from the original result, the Client will not be charged
for the duplicate assay.
All costs associated with litigation or dispute, including compliance
for all document subpoena, for oral or written testimony or preparation of same,
or for any other purpose related to work provided by Medallion in connection with
analyses/reports performed/completed for the Client, shall be paid by the Client.
Such costs include, but are not limited to, hourly charges, travel, accommodations,
mileage, counsel, and all other expenses associated with said litigation or dispute.
WARRANTY AND LIMITS OF LIABILITY
Medallion warrants that all services will
be performed in a timely manner by competent personnel. THE FOREGOING EXPRESS WARRANTY
IS EXCLUSIVE AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED.
WE DISCLAIM ANY OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING A WARRANTY OF FITNESS
FOR PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. Any services performed by
Medallion under proper technical direction by Client, which are determined by Client
to have been performed improperly in light of the above warranty, and which after
investigation by Medallion are acknowledged in writing by Medallion’s Managing Director
to have been performed improperly, shall be corrected by Medallion without charge
to Client, provided that Client provides Medallion with a written request for such
correction within two (2) months after Client knew or should reasonably have known
of the problem. In no event will Medallion (including its affiliates, i.e., all
entities owned, controlled, or under common control with, General Mills, Inc. (collectively,
“General Mills”)) be liable for any indirect, consequential, incidental, punitive,
or special damages or for acts of negligence that are unintentional in nature, including,
without limitation, damages for lost profit, business interruption, or other pecuniary
loss, regardless of whether Medallion has been advised of the possibility of such
damages. Client further understands and agrees that Medallion’s total liability
(including any liability of General Mills) for damages relating to, or arising in
connection with, any services provided hereunder, regardless of the form of action
or theory of recovery shall not exceed the greater of $2,500 or the amount paid
by the Client for the particular analytical service. Medallion and General Mills
accept no legal responsibility for the purpose for which the Client uses the test
results or reports, or for any consequence of such use. Medallion and General Mills
provide no guidance regarding and accept no legal responsibility for the purpose
for which the Client uses the test results or reports, and shall have no legal responsibility
for any consequence of such use. Client agrees to indemnify and defend Medallion
and General Mills from all claims, damages, liabilities, and expenses relating to
Client’s use of Medallion’s services or Client’s marketing, distribution, sale,
or other dissemination of Client’s products or services. The allocations of liability
in this WARRANTY AND LIMITS OF LIABILITY section represent the agreed and bargained-for
understanding between the Client and Medallion. Medallion’s fees for the services
provided hereunder reflect such allocations.