Introduction

These terms and conditions (“Terms”) apply to the services provided by Lab Link Testing (“Facility”) to its clients (“Client”). By using the Facility’s services, the Client agrees to be bound by these Terms. The Facility reserves the right to modify these Terms at any time without prior notice.

Services

The Facility provides testing services for marijuana products in accordance with state regulations and industry standards. The Facility tests for the presence of various contaminants, including but not limited to pesticides, heavy metals, residual solvents, and microbiological contaminants. The Facility also tests for potency and cannabinoid profiles. The Facility will provide the Client with a report detailing the results of the testing requested.

*In addition to the services mentioned above, the Facility provides consultation services to its clients. These services include guidance on compliance with state regulations, best practices for cultivating and processing marijuana products, and recommendations for improving product quality. The Facility’s consultation services are offered at an additional cost and are subject to separate terms and conditions.*

Fees

The Client agrees to pay the Facility for the testing services provided. The fees for the testing services will be determined by the Facility and will be communicated to the Client prior to the commencement of testing. The Client is responsible for paying all fees in full within 15 days of receipt of the invoice.

In the event that the Client fails to pay the fees due, the Facility reserves the right to suspend or terminate services until payment is made in full. The Facility may also charge interest on any unpaid fees at a rate of 1.5% per month or the maximum rate allowed by law, whichever is less. Fees are subject to change without notice.

The accrual or payment of any interest as provided above will not constitute a waiver by Facility of any rights and remedies in connection with a default by Client. Client shall be responsible for all court, attorney, legal, and other costs incurred by Facility in collecting past-due amounts, including interest.

Confidentiality

The Facility will take steps necessary to maintain the confidentiality of all information provided by the Client, including but not limited to test results, client information, and any other information disclosed in the course of testing. The Facility will not disclose any such information to any third party without the express written consent of the Client, except as required by law.

The Client acknowledges that the Facility may be required to report test results to state regulatory agencies. In such cases, the Facility will provide the minimum amount of information necessary to comply with state regulations.

Limitation of Liability

The Facility will perform the testing services with due care and skill, but makes no representations or warranties, express or implied, as to the accuracy or completeness of the results of the testing. The Client agrees that the Facility shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the testing services or the use or reliance upon the results of the testing.

The Client agrees that it is solely responsible for ensuring that its marijuana products comply with all applicable state and municipal regulations. The Client further acknowledges that the Facility’s testing services are not a substitute for legal compliance and that the Facility assumes no responsibility for the Client’s failure to comply with applicable laws and regulations. The Client acknowledges possession, transportation, cultivation, processing, and sale of marijuana is still a federal offense, Client assumes all responsibilities for actions of Facility in the transportation, testing, possession, and delivery of marijuana and marijuana infused products tested for Client.

Delivery

The Facility provides delivery services to its clients as an added convenience. The Facility will make every effort to ensure that deliveries are made on time, but makes no guarantees as to the timeliness of delivery. All delivery dates and times are approximations, it is the sole responsibility of Client to ensure scheduled deliveries are consistent with Client needs. The Facility shall not be liable for any damages arising out of or in connection with any delay or failure to deliver any marijuana or marijuana infused products.

The Facility will use all commercially reasonable efforts to fulfill orders within the specified delivery window, but the actual delivery time may vary based on factors outside of the Facility’s control, including but not limited to traffic, weather, and other unforeseen circumstances.

The Facility reserves the right to refuse delivery to any location that it deems unsafe or where delivery would violate any applicable law or regulation.

The Client acknowledges that it is solely responsible for ensuring that its marijuana and/or marijuana infused products comply with all applicable state and federal regulations, including but not limited to delivery regulations. The Client further acknowledges that the Facility’s delivery services are not a substitute for legal compliance and that the Facility assumes no responsibility for the Client’s failure to comply with applicable laws and regulations.

Indemnification

The Client agrees to indemnify and hold harmless the Facility, its officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the testing services or the use or reliance upon the results of the testing.

The Client agrees to defend the Facility against any claims or actions brought against the Facility by third parties arising out of or in connection with the Client’s use of the Facility’s services.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan. The Client agrees that proper venue for all claims shall rest in the courts for the County of Oakland, in the State of Michigan.

Entire Agreement

These Terms constitute the entire agreement between the Client and the Facility with respect to the testing services provided by the Facility. These Terms supersede all prior negotiations, agreements, and understandings between the parties, whether written or oral.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

Waiver

The failure of the Facility to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

The Client may not assign or transfer these Terms, in whole or in part, without the prior written consent of the Facility. The Facility may assign or transfer these Terms, in whole or in part, without the Client’s consent.

Notice

All notices required or permitted under these Terms shall be in writing and shall be sent to the parties at the addresses set forth in the Testing Services Agreement.

Client may request a copy of these Terms from:

711 W. 13 Mile Road, Suite 900
Madison Heights, MI 48071

Conclusion

By signing the Testing Services Agreement and using the Facility’s services, the Client expressly agrees to be bound by these Terms. The Facility reserves the right to modify these Terms at any time without prior notice. The Client is responsible for reviewing these Terms periodically to ensure that it is aware of any changes. If the Client does not agree to these Terms, it should not use the Facility’s services.