TOXICOLOGY LABS, INC.
11726 West Dodge Road
Omaha, NE 68154
P: (402) 935-0401 * F: (402) 504-9999
E: toxlabs@qwestoffice.net   


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.

 

WWW.TOXLABSOMAHA.COM
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.

 

  1. DEFINITIONS:

 

    1. (“D-TEKT”) is a registered trademark of Toxicology & Clin / Chem Labs, Inc., of Omaha, Nebraska, United States, and this trademark is used for marketing alcohol or drug self drug testing kits or services to the public.

 

    1. (“TLI”) means Toxicology & Clin / Chem Labs, Inc., 11726 West Dodge Road, Omaha, Nebraska 68154, United States, which also conducts business under the names “Toxicology Laboratories, Inc.” and “Toxicology Labs, Inc.”

 

    1. (“You”) or (“User”) or (“Buyer”) means the individual, person, or legal entity that is purchasing or utilizing, has purchased or utilized, or intends to purchase or utilize any Product and/or Service sold by TLI on this website or any affiliated website or from the physical premises where TLI operates from.

 

    1. (“Products”) means D-TEKT™ Kits, including but not limited to any items, parts, diagnostic devices, apparatuses or contents provided therein, collectively or separately, offered for sale on this website, any affiliated website, or from the physical premises containing TLI.

 

    1. (“Services”) means providing You, the User or Buyer, with any technical information, consulting information, seminar information, search capabilities, electronic shopping cart capabilities, or any other services, tangible or intangible, offered by TLI on this website, any affiliated website, or from the physical premises containing TLI or elsewhere. “Services” also means providing or selling D-TEKT™ Kits to Buyer, including but not limited to any items, parts, diagnostic devices, apparatuses, or contents provided therein, provided or sold on this website, any affiliated website, or from the premises containing TLI or elsewhere.

 

    1. (“Use”) refers to using this website, any affiliated website, or any other means to acquire, purchase, ship, or deliver D-TEKT™ Kits, including but not limited to any items, parts, medical devices, apparatuses, or contents provided therein, provided as Products and/or Services by TLI.

 

    1. (“Use”) also refers to using or attempting to use Products and/or Services offered by TLI.

 

 

    1. (“Website”) or (“website”) means the Internet web site or World Wide Web site or website owned by a particular business entity.

 

    1. (“Seller”) means TLI.

 

    1. (“Buyer”) means You, the User or Buyer, purchasing and/or using goods and/or services from TLI.

 

  1. ELIGIBILITY.  TLI offers its Products and/or Services to persons, business entities, and legal entities requiring drug and/or alcohol testing in the home, office, or other, similar, managed location, who utilize, may utilize, or intend to utilize the Products and/or Services of TLI and who are in an authorized, knowledgeable capacity to purchase, receive, and administer such Products and Services.  If You are a competitor of TLI or if you are a minor, under the age of eighteen (18) years, or are otherwise incapable of entering into a binding agreement, then You are not authorized to utilize the Services of TLI or purchase Products from this website, any affiliated website, and the physical premises containing TLI nor are you authorized to access or utilize this website, any affiliated website, and the physical premises containing TLI in any way.  If you are any individual, person, business entity, legal entity, party, or legal representative of any individual, person, business entity, legal entity, or party that is, intends to be, seeks to be, or may be involved in any legal action, claim, or proceeding with or against TLI then You are not authorized to utilize any Services of TLI, nor are You authorized to purchase any Products from this website, any affiliated website, and the physical premises containing TLI, nor are You authorized to access or utilize this website in any way;  You are banned from this website and any affiliated website.  TLI may suspend or terminate eligibility if it determines, in their sole discretion, that a User or Buyer has breached these Terms and Conditions or engaged in fraudulent or improper activity in connection with the utilization of the Services of TLI or the purchase of their Services and/or Products.  To continue to be eligible to use the Services of TLI or to purchase Products from this website, any affiliated website, or from the premises containing TLI, You must comply with all applicable laws, statutes, ordinances and regulations, including, but not limited to, United States laws on export controls. TO CONTINUE TO BE ELIGIBLE TO USE SERVICES OF TLI, OR TO PURCHASE PRODUCTS FROM THIS WEBSITE, ANY AFFFILIATED WEBSITE, OR THE PREMISES CONTAINING TLI, YOU FULLY UNDERSTAND AND FULLY AGREE THAT ALL D-TEKT™ KITS AND THE TESTING DEVICES OR DIAGNOSTIC APPARATUSES CONTAINED THEREIN ONLY SCREEN FOR ONE SINGLE DRUG OR FIVE DRUGS OR ALCOHOL.  YOU FURTHER FULLY UNDERSTAND AND FULLY AGREE THAT D-TEKT™ KITS SHOULD BE USED RESPONSIBLY AND ONLY IN ACCORDANCE WITH INTENDED PRODUCT AND/OR SERVICE USE, AND TESTING RESULTS SHOULD BE INTERPRETED WITH EXTREME CAUTION AND CARE.  YOU AGREE AND FULLY 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.  FURTHERMORE, YOU FULLY UNDERSTAND AND FULLY AGREE THAT ALL URINE SPECIMENS SCREENED WITH D-TEKT™ KITS AND/OR THE TESTING DEVICES OR DIAGNOSTIC APPARATUSES CONTAINED 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 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.  You may contact Toxicology Laboratories, Inc. by telephone at (402) 935-0401 or electronic mail correspondence at toxlabs@qwestoffice.net to receive additional information on D-TEKT™ Kits, the testing devices or diagnostic apparatuses provided therein, and confirmation services.

 

  1. LIMITED LICENSE.  Subject to the Terms and Conditions of this Agreement, and provided you are eligible, TLI grants to You and only You, the non-exclusive, non-transferable, non-assignable license right to use this website and to create a hyperlink to this website or any affiliated website provided that the hyperlink does not portray TLI, its affiliates, or their products or services in a false, misleading, derogatory, offensive, or libelous manner.  You may not use any TLI logo or other proprietary graphic or trademark as part of the hyperlink without express written permission from TLI.  This license grant is exclusive to You and only You.

 

  1. PROHIBITIONS.  Any unauthorized use terminates the permission or license granted by TLI.  You may not use this website or any affiliated website to:

 

    1. Publish or transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, the foregoing including any publication or transmission of information being harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive, hateful, or racially, ethnically, or objectionable to TLI and/or their respective affiliates, agents, employees, members, owners, representatives, and shareholders;

 

    1. Falsely identify yourself as any other person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate another User, or misrepresent yourself, your actions, or your intended actions associated with using this website, any affiliated website, and/or the Products and/or Services available for purchase through this website, any affiliated website, or from the premises containing TLI;

 

    1. Disguise the source or origin of any information provided to TLI;

 

    1. Publish or transmit any information that You do not have a legal right to publish or transmit, including but not limited to trade secrets or other proprietary information or information subject to a confidentiality agreement;

 

    1. Publish or transmit any information that infringes any patent, trademark, trade secret, copyright or other intellectual property of TLI or any third party;

 

    1. Publish or transmit any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome electronic mail, or any other form of solicitation;

 

    1. Publish or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

    1. Interfere with, disrupt, or attempt to interfere or disrupt this website, any affiliated website, or the software or hardware underlying this website, or any affiliated website;

 

    1. Download, other than page caching and available documents, or modify this website, or any portion of it for the benefit of any competitor of TLI or the detriment of TLI to be determined solely by TLI except with express written consent of TLI;

 

    1. Copy, distribute, transmit, publish, modify, or otherwise utilize or use any Product listings, descriptions, or prices, other than to purchase Products and/or Services from TLI;

 

    1. Make any derivative use of this website, any affiliated website, or their contents. You may not download or copy any account information;

 

    1. Use data mining, robots, or similar data gathering and extraction tools;

 

    1. Reproduce, duplicate, copy, sell, or otherwise exploit for any commercial purpose this website, any affiliated website, or any content of this website or any affiliated website without the express written consent of TLI;

 

    1. Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information, including but not limited to images, text, page layout, or form, of TLI, and their affiliates without express written consent;

 

    1. Use any meta tags or any other hidden text utilizing the name or trademarks of TLI without the express written consent of TLI;

 

    1. Take any action that imposes an unreasonable or disproportionately large load on the computer or other infrastructure of TLI;

 

  1. ELECTRIC COMMERCE AND COMMUNICATIONS.

 

    1. You consent to receive communications from TLI electronically, including both electronic mail correspondences and postings on this website and any affiliated website.  You agree that all agreements, notices, disclosures and other communications that TLI provide to You electronically or otherwise satisfy any legal requirement that they be in writing.
       
    2. By utilizing this website or any affiliated website to purchase Products and/or Services from TLI you are:

 

      1. Consenting to do business electronically with TLI;
         
      2. Certifying that you are the person identified by the information you provide;
         
      3. Certifying that you have the appropriate authority to conduct business electronically as an individual, person, business entity, legal entity, or agent on behalf of your employer if you are accessing this website on behalf of your employer;
         
      4. Agreeing and acknowledging that, activity on this system and/or application may be viewed, monitored and recorded by TLI and/or its affiliates and/or its contractors to help prevent and detect potential fraud or other abuse, and for any other purpose consistent with any Privacy Policy of TLI that may exist.

 

    1. By using, accessing or attempting to use or access any portions of this website or any affiliated website requiring the use of personal information, including but not limited to identity, first name, last name, address, city, state, zip code, country, telephone number, electronic mail address, shipping address, and/or payment information, including but not limited to credit card, debit card, and/or bank card information, You are certifying that You are the person legally associated with said personal information, payment information, and other information and have the legal right and permission to disclose said information and to engage in a business transaction with TLI.  You are also certifying that You will use all such information lawfully, in full compliance with federal and/or state law.  Furthermore, You fully understand that authentication method or methods may be used when You access or use this website or any affiliated website. Unauthorized access or Use or attempts to access or Use any secure portions of this website or any affiliated website, maliciously or not, is prohibited and may violate federal and/or state law.  TLI may report unauthorized access, use, and attempted unauthorized access and use to law enforcement.
       
    2. If You submit or transmit information to this website or any affiliated website, and unless TLI indicates otherwise, You grant TLI a perpetual, irrevocable, nonexclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the information throughout the world in any media.  You represent and warrant that You own or otherwise control all of the rights to the information that You submit; that the information is accurate; that use of the information will not cause injury to any person or entity. You will indemnify, defend, and hold harmless TLI for any and all claims resulting from information You supply or information any other party supplies on your behalf, with or without your consent or knowledge.  TLI has the right but not the obligation to monitor, verify, and edit or remove any information.  TLI takes no responsibility and assumes no liability for any information posted, transmitted, or used by You or any other User.

 

  1. INTELLECTUAL PROPERTY RIGHTS.  No trademarks, trade names, service marks, service names and logos (“Marks”) used on this website or any affiliated website may be used in any manner that may cause confusion as to the source or origin of any goods or services, or in any manner that dilutes any Mark or disparages or discredits TLI.  All Marks not owned by TLI or their affiliates that appear on this website or any affiliated website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TLI.  TLI attempts to respect the intellectual property rights of others.  If you believe that this website or any affiliated website in any way infringes on your rights, or the rights of a third party, please notify TLI of your concerns at the following electronic mail address: toxlabs@qwestoffice.net.

 

  1. DISCLAIMERS.

 

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.

 

e.        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.
 

  1. INDEMNITY.  You agree to take all precautions to ensure D-TEKT™ Kits and all components contained therein, including but not limited to packaging, inserts, testing devices, diagnostic apparatuses, and other parts or materials, are used correctly and responsibly, according to intended Product and/or Service use, in accordance with any instructions provided.  Furthermore, You agree to administer testing and interpret testing results with extreme caution and care, understand and agree that testing results are subject to error, may be interpreted differently by different individuals, and alternative explanations should be explored for any positive result.  You agree that TLI and their respective affiliates, agents, employees, members, owners, representatives, and shareholders SHALL BEAR NO LIABILITY, DIRECT OR INDIRECT, CONTINGENT OR OTHERWISE, BASED UPON ANY ACTUAL OR ALLEGED, USE, MISUSE, OR MODIFICATION OF ANY PRODUCT OR SERVICE OF TLI, INCLUDING BUT NOT LIMITED TO, ANY USE, MISUSE, OR MODIFICATION THEREOF NOT IN COMPLIANCE WITH APPLICABLE LAW, RULE AND/OR REGULATION OR CODE OR INDUSTRY PRACTICE OR GUIDELINES OR GUIDANCE IN EFFECT NOW, OR AT ANY TIME FROM, OR AFTER, THE DATE HEREOF, ALL THE SAME BEING THE SOLE AND EXCLUSIVE OBLIGATION OF THE BUYER.  You, agree to release, indemnify, defend and hold harmless TLI, and their respective affiliates, agents, employees, members, owners, representatives, and shareholders against, any and all loss, cost, damage or expense, including injuries to and death of any person and loss of or damage to property by whomsoever owned arising, directly or indirectly, from the Products and/or Services sold hereunder other than such claims, demands, obligations and liabilities which result exclusively and directly from the sole and exclusive intentional gross negligence of TLI and the aggregate liability of TLI pursuant hereto shall not exceed, even in the instance of the sole and exclusive  intentional gross negligence of TLI, the amount received by TLI on an after – tax basis, pursuant to the terms hereof.  If any Product or Service sold by TLI was, partially or wholly, manufactured, assembled, created, rendered, or sold according to the specifications of the Buyer, then the Buyer does hereby release and agree to indemnify, defend, and hold harmless TLI, and their respective affiliates, agents, employees, members, owners, representatives, and shareholders from any and all claims or liabilities, including, but not limited to, legal fees, costs and expenses with respect to, or arising out of, any actual or alleged violation of the intellectual property rights of any party on account of such manufacture, assembling, creation, rendering, or sale.  You, the Buyer, do hereby release and agree to indemnify, defend, and hold harmless TLI, and their respective affiliates, agents, employees, members, owners, representatives, and shareholders from and against any violation by the Buyer of any law, rule or regulation regarding this transaction.  If You, the Buyer, fail to indemnify TLI and its respective affiliates, agents, employees, members, owners, representatives, and shareholders, then TLI and/or its respective affiliates, agents, employees, members, owners, representatives, and shareholders may, at their option and convenience, take such actions and make any necessary payments as TLI, and its respective affiliates, agents, employees, members, owners, representatives, and shareholders, deem prudent and You, the Buyer, shall be required to indemnify, defend, and hold harmless TLI with respect to each of the foregoing and immediately repay, upon demand, TLI for such amounts.  You agree to indemnify and hold TLI and its respective affiliates, agents, employees, members, owners, representatives, shareholders, and any providers of data used on this website or any affiliated website, harmless from any claim or demand, including, but not limited to, legal fees, costs and expenses, made by any other Buyer or User or other third party due to or arising out of Buyer’s or User’s breach of this Agreement or the documents it incorporates by reference, or Buyer’s or User’s violation of any law or the rights of a third party.

 

  1. TERM AND TERMINATION.  This Agreement shall remain in effect until terminated by one of the parties, with or without cause, and with or without notice. TLI and its respective affiliates, agents, employees, members, owners, representatives, and shareholders shall not be liable to any Buyer or User or to any third parties for any damages arising out of termination of this Agreement by TLI.  Without limiting other remedies, TLI may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Buyer’s or User’s eligibility and refuse to provide Services and/or Products to a Buyer or User:

 

    1. If Buyer or User breaches this Agreement or any documents it incorporates by reference;

 

    1. TLI is unable to verify or authenticate any information Buyer or User provides;

 

    1. If TLI believes that Buyer’s or User’s actions may cause legal liability for Buyer or User or TLI.
       
  1. PRIVACY POLICY.  The Privacy Policy for TLI may be available by contacting TLI by postal mail at 11726 West Dodge Road, Omaha, Nebraska 68154 attention: Site Administrator.
     
  2. NO AGENCY. TLI, and Buyer or User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
     
  3. NOTICES.  Except as explicitly stated otherwise, any notices shall be given to TLI by postal mail at 11726 West Dodge Road, Omaha, Nebraska 68154 attention: Site Administrator.  Notices shall be given to Buyer or User by electronic mail at any electronic mail address provided to TLI or by posting the notice on this website.
     
  4. ARBITRATION.  Any controversy or claim arising out of or relating to this Agreement or Products or Services provided by TLI shall be settled by binding arbitration in accordance with Conflict Prevention Resolution (“CPR”) Rules for Non-administered Arbitration, available at WWW.CPRADR.ORG. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, including but not limited to class action status. The arbitration shall be conducted in Omaha, Nebraska and judgment on the arbitration award may be entered by any court having jurisdiction thereof.  Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Omaha, Nebraska necessary to protect the rights or property of that party pending the completion of arbitration. All parties consent to venue and jurisdiction in the state and federal courts located in Omaha, Nebraska for purposes of such action. Any arbitration award shall be private and completely confidential, and shall not have preclusive effect in any proceeding involving other parties.
     
  5. ADDITIONAL TERMS.

 

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.

 

f.        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.
 

  1. TERMS AND CONDITIONS OF SALE. The following Terms and Conditions of Sale will apply to all Products and/or Services purchased from TLI, including all Products and/ or Services purchased through this website, any affiliated website, or from the premises containing TLI. The term “Seller” means TLI:
     

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.

 

                                             i.            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.
 

                                            ii.            Sales Tax may be charged on all shipments.  An exemption certificate may be required to avoid any applicable Sales Tax.
 

                                          iii.            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.
 

                                          iv.            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.
 

                                           v.            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.
 

                                          vi.            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.
 

                                        vii.            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.

 

                                             i.            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.
 

                                            ii.            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.
 

                                          iii.            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.

 

                               d.            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.

 

25.    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 venue.
 

BY 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 INFORMATION.

EAV 1/22

 

 


TOXICOLOGY LABS, INC.
11726 West Dodge Road
Omaha, NE 68154
P: (402) 935-0401 * F: (402) 504-9999
E: toxlabs@qwestoffice.net