Toxicology Laboratories, Inc.
Confidential * Private * Independent
Please read and agree to the Terms and Conditions for use of this website and any affiliated website to proceed. You will be bound by these Terms and Conditions.
WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions are a legally binding contract between You and Toxicology & Clin / Chem Labs, Inc. (“TLI”) of Omaha, Nebraska. CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE NOR ANY AFFILIATED WEBSITE. By accessing and/or proceeding past this webpage or by utilizing the WWW.TOXLABSOMAHA.COM website or any affiliated Website, including WWW.D-TEKT.COM, You represent and warrant that You are eligible to do so pursuant to paragraph 2 of these Terms and Conditions, and You agree to be bound by these Terms and Conditions. This Website and any affiliated website is protected by United States Copyright Law, specifically, Title 17, United States Code, and applicable international codes and treaties. All contents are property of TLI and maintain full copyright protection. Copyright © 2022 Toxicology & Clin / Chem Labs, Inc. All rights reserved. D-TEKT™ is a registered trademark of Toxicology & Clin / Chem Labs, Inc. , of Omaha, Nebraska, United States, and may not be replicated or reproduced mechanically, electronically, or otherwise, for any reason.
a. TLI may at any time and from time to time modify or discontinue, temporarily or permanently, any Product and/or Service it offers, with or without notice. TLI is not liable to any User or other third party for any modification, suspension or discontinuance of any Product and/or Service.
b. Information on this website or any affiliated website may contain technical inaccuracies or typographical errors. TLI may change or update any information or content on this website at any time without notice, including but not limited to Product and Service prices. TLI may also make improvements and/or changes in the Products and Services described on this website or any affiliated website at any time without notice.
c. TLI reserves the right to change these Terms and Conditions at any time. Any use of this website or any affiliated website following any changes shall constitute Your full acceptance of the changes.
d. TLI makes no representations whatsoever about any other internet website that You may access through this website or any affiliated website. When You access a non-TLI website, You acknowledge that it is independent from TLI, and that TLI has no control over the content on that website. A link to a non-TLI website does not mean that TLI endorses or accepts any responsibility for the content, or the use, of that website. You must take appropriate precautions to ensure that whatever You select for Your use is free of items such as computer viruses, worms, Trojan horses and other items of a destructive nature.
TLI PROVIDES THIS WEBSITE AND ANY
AFFILIATED WEBSITE ON AN “AS IS” BASIS AND AVAILABLE BASIS. TLI MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS WEBSITE, ANY AFFILIATED WEBSITE, OR ANY HYPER-LINKED WEBSITE, OR THE
PRODUCTS AND/OR SERVICES OFFERED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. TLI DOES NOT WARRANT THAT THIS WEBSITE, OR ANY AFFILIATED
WEBSITE, ITS SERVERS, OR ANY ELECTRONIC MAIL CORRESPONDENCES SENT FROM TLI ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TLI MAKES NO WARRANTY THAT
THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TLI WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY AFFILIATED
WEBSITE, OR THE INABILITY TO USE THIS WEBSITE OR ANY AFFILIATED WEBSITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN
IF TLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. APPLICABLE LAW. This Agreement shall be governed in all respects by the laws of the State of Nebraska, an only the law of the State of Nebraska, as if agreement and this Agreement were entered into and to be performed entirely within Nebraska between Nebraska residents.
b. DISCLOSURES. The Services covered by this Agreement are offered by TLI, 11726 West Dodge Road, Omaha, Nebraska 68154. If you are a California resident, you may have this same information sent to you via electronic mail by sending a letter to the foregoing address with your email address and a request for this information.
c. WAIVER. Failure of TLI at any time to require performance of any provision of this Agreement shall not limit their right to enforce the provision, nor shall any waiver of any breach of any provision be waiver of any similar or succeeding breach of any of the provision itself for any other provision.
d. TITLES AND CAPTIONS. All article, section and paragraph title or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor affect the interpretation of this Agreement.
e. PRONOUNS AND PLURALS. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the Person or Persons may require.
MISCELLANEOUS. If any provision
of this Agreement is held to be invalid or unenforceable, it shall be struck
and the remaining provisions shall be enforced, as if invalid or unenforceable
provision never existed. This Agreement sets forth the entire understanding and
agreement between the parties with respect to the subject matter hereof.
a. OFFER AND ACCEPTANCE.
i. This Document (“Seller’s Terms”) constitutes Seller’s acknowledgement of the purchase order or other form of offer (“the Order”) issued by buyer (“the Buyer”) for the products described in the Order (“the Products”) or for the services described in the Order (“the Services”) subject to the terms and conditions contained in this document, constitutes Seller’s acceptance of Buyer’s Order for the Products. Unless otherwise specified in this or some other document signed by Seller, the terms and conditions of sale set forth in the Seller’s Terms apply to all Products and Services sold or provided by Seller.
ii. Seller’s acceptance of the Order is expressly conditioned on Buyer’s assent to all of the terms and conditions in this document and any different or additional terms in the Order are rejected. It shall become a contract when the Order is executed by Buyer or when Buyer has received the Products, in whole or in part, or when Buyer has otherwise assented to these terms and conditions. Buyer shall be deemed to have accepted any of Seller’s Terms to which Buyer has not specifically objected. Any terms in the Order which purport to reject some or all of Seller’s Terms by virtue of standard form language shall not be sufficient objection. Buyer shall be required to set forth each objection to Seller’s Terms in a separate writing signed and dated by Buyer and delivered to Seller prior to Seller’s shipment of the Products. Seller’s failure to object to provisions in the Order or any purchase order or other communication from Buyer, including, without limitation, penalty clauses or warranties of any kind, shall not constitute a waiver by Seller of Seller’s Terms, nor an acceptance by Seller of any such provisions. Any terms in the Order or any other documents which are different from or in addition to Seller’s Terms are rejected unless specifically accepted by Seller in a separate electronic mail correspondence signed by Seller, regardless of whether such other terms would materially alter these terms. No course of dealing, custom or usage, which is contrary to Seller’s Terms, shall apply.
iii. Seller reserves the right to correct any typographical or clerical errors in prices, specifications, quotations, or acknowledgments.
b. PRICES, SHIPMENT, DELIVERY, AND INSPECTION.
Prices are based on U.S. dollars and
are Free on Board (“F.O.B.”) point of shipment. Prices
do not include freight or delivery charges, insurance or taxes, if applicable,
or any export or import duties. Those charges may be prepaid by Seller and
added to Buyer’s invoice or charged to Buyer’s credit card, debit card, bank
card, at the sole discretion of the Seller.
Sales Tax may be charged on all
shipments. An exemption certificate may be required to avoid any
applicable Sales Tax.
Seller shall select the method and
carrier for delivery of all Products and/or Services. Risk of loss or
damage to the Products and/or Services shall pass from Seller to Buyer upon
delivery to a carrier at point of shipment.
Any shipment, delivery, or performance
date stated in the Order or other contract document is approximate only and
does not constitute any guarantee of shipment, delivery, or performance on any
particular date. Time shall not be of the essence in any agreement between the
Buyer and the Seller.
Buyer shall inspect and accept
conforming Products or reject nonconforming Products delivered by or for Seller
within forty eight (48) hours after delivery to Buyer’s facility. All Products
delivered shall be conclusively deemed accepted and to conform to contract
requirements unless rejection is made or specific objection or notice of
nonconformity is given in writing within the forty eight (48) hour period.
On receipt of notification of
rejection, Buyer will arrange to send back the Products and/or Services for
shipment and return, bearing any and all costs associated with shipment and
return. However, within forty eight (48) hours, Seller may have an agent
inspect the goods for nonconformity. Otherwise, the inspection will be made on
return to Seller’s point of shipment. When the goods are confirmed or
acquiesced in as nonconforming, Seller will ship conforming goods and/or
services within seventy two (72) hours of the notice of rejection, unless Buyer
earlier notifies Seller to forego this shipment.
The Products and/or Services subject to
this sale shall be limited to those described in any Order confirmation
electronic mail correspondence executed by the Buyer, or any invoice
accompanying the Products or Services, if provided by Seller.
c. PAYMENTS, TITLE, AND SECURITY INTERESTS.
Payment shall be due as stated on the
confirmatory electronic mail correspondence submitted by Seller to Buyer when
Order is executed by the Buyer for the Products and/or Services through any
method. Payment for Products and/or Services must be received by Seller
prior to shipping Products and/or Services to Buyer, when Order is executed by
the Buyer. Seller reserves the right, and may, charge additional costs
for freight, delivery charges, or if applicable, insurance or taxes, or any
export or import duties. All payments shall be made in the currency of United
States dollars. All payments shall be without deductions for back charges,
set-offs, other accounts between Seller and Buyer and the like, which shall be
settled independently of the payment of the charge, or invoice. Payment shall
not prejudice claims on account of omissions or shortages in shipment, but no
such claim will be allowed unless made within forty eight (48) hours after
receipt of the applicable shipment by Buyer.
Should Buyer delay payment beyond the
date it is due, for any reason, interest may be charged on the unpaid balance
at the rate of one and one half percent (1.5%) per month or eighteen percent
(18.0%) per year.
Notwithstanding that risk of loss
passes to Buyer upon shipment, title to the Products and/or Services shall not
pass to Buyer until Seller receives payment in full. Additionally, Seller
shall retain and Buyer hereby grants to Seller a security interest in the
Products and/or Services until payment in full is received. At the request of
Seller, Buyer shall sign all financing statements and other documents required
to attach, perfect, or otherwise protect Seller’s security interest.
d. CANCELLATION. Cancellation or suspension of the Order after execution of the Order by Buyer or acceptance by Seller may be made only if agreed to by Seller and only on terms which will compensate Seller for loss due to the cancellation. Prior to shipment, Buyer may cancel by giving written notice of cancellation to Seller, however, cancellation is conditional on Seller receipt of said cancellation or acknowledging and agreeing to said cancellation. Buyer may not cancel after shipment, for any reason, however, should Seller allow Buyer to cancel after shipment, Buyer must pay any and all restocking, shipping and handling charges as reasonably determined by Seller, including but not limited to those described in the Seller’s Return Policy.
16. PRODUCT AND/OR SERVICE RETURN POLICY.
a. Products and/or Services returned by Buyer to Seller within forty eight (48) hours after receipt of applicable Products and/or Services by Buyer may be accepted for a full credit to the Buyer.
b. Products and/or Services returned by Buyer to Seller after forty eight (48) hours after receipt of applicable goods and/or services by Buyer will not be accepted by Seller. Seller will refuse to accept returned Products and/or Services; Seller will return returned Products and/or Services to Buyer; Buyer shall incur and immediately pay for any packaging and shipping expenses incurred by Seller for return of returned Products and/or Services by Buyer after forty eight (48) hours after receipt of applicable goods and/or services by Buyer. Should Seller, for any reason, agree to accept returned Products and/or Services after forty eight (48) hours after receipt of applicable Products and/or Services by Buyer, then Buyer will be immediately subject and immediately pay a thirty percent (30.00%) restocking fee assessed against the total value of the applicable Product and/ or Services Order, including shipping and other applicable costs. Seller will credit Buyer seventy percent (70.00%) of the total value of the applicable Products and/or Services Order, and reserves the right to require Buyer to use credit to purchase additional Products and/or Services from TLI.
c. Buyer must obtain a Return Goods Authorization (“RGA”) number from Seller prior to return of Products or Services. Core returns, if permitted by Seller, do not require an RGA number for return.
All Products and/or Services must be
returned in their original packaging to receive full credit, with all inserts,
items, parts, and materials, provided therein.
e. Used or partially used D-TEKT™ Kit components, including but not limited to devices or apparatuses provided therein, are not eligible for return, for any reason.
f. Buyer is responsible for all freight associated with returning the Products and/or Services to Seller. Risk of loss or damage to the product shall pass from Buyer to Seller upon physical receipt by Seller.
17. PRODUCT DESIGN. Buyer acknowledges that changes and improvements in the design and specifications of Seller’s Products and/or Services may be made from time to time by Seller and/or the original manufacturers of components contained therein of the Products and Seller has no obligation to provide notice thereof to Buyer.
18. DELAYS. Seller shall not be liable for loss, damages, or nonperformance resulting from force majeure, including but not limited to strikes, labor disturbances, material shortages, non-manufacturing conditions, delays or failures of carriers or communications, epidemics, fire, flood, storms, accident, riot, war and invasion, governmental requisition or priorities, acts of God, or other causes beyond Seller’s reasonable control.
19. WARRANTS AND REMEDIES.
a. Seller warrants new and reconditioned Products and/or Services to be free from defects in material and workmanship for a period of forty eight (48) hours after receipt of applicable Products and/or Services by Buyer or any expiration date denoted on the internal packaging for the applicable D-TEKT™ Kit device or diagnostic apparatus contained therein, or use by the consumer, whichever occurs first. Seller does not warrant or make any representations concerning Products and/or Services when the Products and/or Services are not used correctly and not used strictly in accordance with the instructions provided therein. Seller does not warrant Products and/or Services that have been improperly administered; improperly used; reused; altered; tampered with; improperly maintained; contaminated by User; contaminated by other persons, animals, or things; contaminated by any environmental factors, including but not limited to room temperature, air pressure, cleanliness; or damaged by accident, negligence, use, or misuse; or any factors for that matter not controllable by TLI.
b. Entire Warranty: Seller makes no other warranty, express or implied, and Seller expressly disclaims any warranty of merchantability or fitness for any particular purpose, and all other warranties are hereby expressly excluded.
c. As the exclusive remedy for breach of the foregoing warranty, Seller shall, at its sole option, replace the defective Product and/or Service, or provide Buyer with an account credit in an amount equal to the original purchase price of the defective Product and/or Service. Seller will accept warranty claims only from the individual, person, business entity, or legal entity that purchased the Product and/or Service from Seller. All warranty claims must include a return to Seller of the allegedly defective Product and/or Service. Returned Products must be shipped FOB Seller’s receiving dock. Seller reserves the right to examine all returned Products to determine whether or not the return qualifies for the exclusive remedy set forth in this paragraph. Seller shall have no other liability for breach of warranty including liability for any special, incidental or consequential damages, or any claim for labor charges incurred in diagnosing or replacing a defective product.
d. In any action or claim brought by Buyer against Seller, regardless of the form or forum, Seller shall not be liable to Buyer for special, consequential or punitive damages and, under no circumstances, shall any award against Seller in favor of Buyer exceed the amount paid to Seller by Buyer during the twelve (12) month period immediately preceding the date on which notice is first given to Seller of the claim. If Seller, without separate compensation therefore, furnishes the Buyer with advice or other assistance concerning any Product and/or Service or equipment in which the Product and/or Service may be installed, the furnishing of such advice or assistance will not subject Seller to any liability whether in contract, tort, including negligence and strict liability, or otherwise.
20. SEVERABILITY. Invalidity of any provision of Seller’s Terms shall not affect the validity of any other provision of this document and any invalid provision shall be severed from the valid provisions.
21. NON-WAIVER. No failure by Seller to exercise any right accruing to it by virtue of the seller/purchaser relationship or under any contract of sale entered into with the Buyer shall operate as a waiver thereof or preclude the exercise of any other right or privilege by Seller.
22. NOTICE. Any notice required or contemplated hereunder shall be in writing and shall be delivered personally or sent by facsimile transmission (“telefax”) or by prepaid registered mail. Notice by telefax shall be deemed to have been received when transmitted with written documentation of telefax transmission and any notice sent by registered mail shall be deemed to have been received on the second day following the date mailed.
23. ENTIRE AGREEMENT AND AMENDMENTS. There are no other terms and conditions applicable to the purchase and sale of Seller’s Products and/or Services other than those contained herein, including any specifications or other documents incorporated by reference herein or in the invoice. No modification, amendment, waiver or other change of any provision of Seller’s Terms shall be binding on Seller without Seller’s written consent.
24. LIMITATION OF ACTIONS. Any action for breach of contract arising out of Seller’s acceptance of the Order or arising out of Buyer’s acceptance of the Product and/or Service supplied must be commenced within one (1) year after the cause of action has accrued.
GOVERNING LAW; REMEDIES. The
rights and obligations of the Buyer and Seller, and the construction and effect
of any contract formed between them shall be governed by the laws of the State
of Nebraska. Buyer consents to the jurisdiction of any state or federal
court located within the State of Nebraska and waives
any objection to and agrees not to assert any defense based on jurisdiction or
SELECTING ANY SHIPPING METHOD, AND PROCEEDING WITH AND/OR COMPLETING THE
PRODUCT AND/OR SERVICE ORDER PROCESS OR PROCESSES AVAILABLE THROUGH
WWW.TOXLABSOMAHA.COM OR WWW.D-TEKT.COM OR ANY AFFILIATED WEBSITE, OR BY TELEPHONE,
YOU AGREE THAT YOU HAVE READ, FULLY UNDERSTAND, AND SHALL ABIDE BY ALL
INFORMATION CONTAINED HEREIN, INCLUDING ALL PRECEDING INFORMATION. YOU FULLY
AGREE AND FULLY UNDERSTAND THAT ALL D-TEKT™ KITS AND THE TESTING DEVICES OR
DIAGNOSTIC APPARATUSES CONTAINED THEREIN ONLY SCREEN FOR ONE SINGLE DRUG, FIVE
DRUGS, OR ALCOHOL. FURTHERMORE, YOU
FULLY AGREE AND UNDERSTAND THAT D-TEKT™ KITS SHOULD BE USED RESPONSIBLY, ONLY
IN ACCORDANCE WITH INTENDED PRODUCT AND/OR SERVICE USE, AND TESTING RESULTS
SHOULD BE INTERPRETED WITH EXTREME CAUTION AND CARE. YOU FULLY AGREE AND
UNDERSTAND THAT D-TEKT™ KITS ARE DISPOSABLE KITS WITH A ONE TIME USE ON ONE AND
ONLY ONE URINE SPECIMEN COLLECTED FROM ONE AND ONLY ONE HUMAN PERSON AT ONE AND
ONLY ONE POINT IN TIME. YOU FULLY UNDERSTAND AND FULLY AGREE THAT D-TEKT™KITS
MUST BE USED RESPONSIBLY AND TESTING RESULTS SHOULD BE INTEPRETED WITH EXTREME
CAUTION AND CARE. FURTHERMORE, YOU FULLY
UNDERSTAND AND FULLY AGREE THAT ALL URINE SPECIMENS SCREENED WITH D-TEKT™ KITS
AND/OR THE TESTING DEVICES OR DIAGNOSTIC APPARATUSES PROVIDED THEREIN SHOULD BE
CONFIRMED BY ANOTHER ANALYTICAL METHOD SUCH AS GAS CHROMATOGRAPHY MASS
SPECTROMETRY (“GCMS”), AND ALTERNATIVE EXPLANATIONS SHOULD BE EXPLORED FOR ANY
POSITIVE RESULT. YOU FULLY UNDERSTAND AND FULLY AGREE THAT CONFIRMATION TESTING
SERVICES FOR URINE SPECIMENS ARE AVAILABLE THROUGH TLI FOR AN ADDITIONAL COST
OR CHARGE TO YOU, THE USER OR BUYER, COST OR CHARGE TO BE DETERMINED SOLELY BY TLI.
PLEASE CALL (402) 935-0401 OR SEND AN ELECTRONIC MAIL CORRESPONDENCE TO TOXLABS@QWESTOFFICE.NET WITH ANY
QUESTION RELATING TO D-TEKT™KITS, THE TESTING DEVICES CONTAINED THEREIN, AND
CONFIRMATION TESTING SERVICES FOR URINE SPECIMENS OR FOR ADDITIONAL