Terms & Conditions
JONES STOHOSKY ENVIRONMENTAL LABORATORY, INC.
GENERAL TERMS AND CONDITIONS FOR SERVICES
Jones Stohosky Environmental Laboratory, Inc., also known as Jones Environmental Lab and JSE Labs, is referred to as JSE throughout the terms and conditions described below.
Fee Schedule: The time frame for a deadline begins at sample acceptance when JSE signs the chain-of-custody form. The time frame does not include holidays. Deadlines are estimates only and may be extended. Samples must be received before 4:00 pm in Milwaukie on a regular business day for same-day rush service. Individuals relinquishing samples warrant that the information provided is correct and complete. Prices are subject to change.
Subcontracted Laboratories: JSE does not represent or warrant the services performed by any subcontracted laboratory or firm.
Sample Disposal: Samples are disposed of by JSE unless other arrangements have been made with the client. Per JSE’s accreditation requirements, bulk asbestos samples are archived for a minimum of 30 days prior to disposal.
Reporting of Results: JSE is not responsible for the interpretation of analysis results by others, for any use of its reports by the client or others except as specifically set forth herein, or for any other matter not encompassed in the specific assignment given to JSE by the client. Any unauthorized use or distribution of JSE’s work shall be at the clients’ and recipients’ sole risk. If the client desires to release, or asks for JSE to provide, our report(s) to a third party not described above for that party’s reliance, JSE will only agree to such a release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions of this agreement. The client shall indemnify, defend, and hold harmless JSE from any claims, damages, costs, losses and expenses, including but not limited to; attorney fees and costs of arbitration, trial, or appeal arising out of unauthorized or third-party use of the laboratory’s report(s).
Liability Insurance: JSE carries at the following: Commercial General Liability; Contractors’ Pollution Liability; and Professional Liability. The laboratory makes no representations or warranties concerning the effect, applicability or scope of such insurance.
Professional Liability and Limitation Thereof: This paragraph relates only to Professional Liability and not General Liability: In performing our professional services, we will use that standard of care and skill ordinarily recognized under similar circumstances by members of our profession in the state and region at the time the services are performed. No other warranty, either expressed or implied, is made in connection with our rendering of professional services.
Payment to Laboratory: The client is required to pay for JSE services at the time of sample acceptance unless other arrangements have been made by JSE. An account is considered delinquent 30 days after the billing date. Delinquent accounts are charged at a rate of 1.5% for each 30-day delinquent period, provided the rate of such charge shall not exceed the maximum allowable by the laws of the state of Oregon. Accounts that have a balance greater than 60 days past due will be frozen. Jones Stohosky Environmental Laboratory, Inc. (JSE Labs, Inc.) shall be entitled to recover its reasonable attorney fees incurred to enforce or interpret this agreement, whether or not suit or arbitration is commenced, and if commenced, its reasonable attorney fees incurred at trial or in arbitration, an on any appeal, review, or reconsideration thereof, and in any bankruptcy proceeding, and the reasonable attorney fees incurred to collect or attempt to collect on any award, order or judgement.
Other Provisions: Neither party shall hold the other party responsible for delay in performance caused by acts of God, strikes, weather, accidents, or other events beyond the control of the other or the other’s employees and agents.
This agreement can be terminated at any time by either party. If terminated prior to the completion of a scope of work, JSE shall be entitled to its portion of fees for any work performed in accordance with their standard rate schedule.