Tumwater Falls Laboratory, LLC Terms and Policies

All services provided by Tumwater Falls Laboratory, LLC (“Lab Services”) are subject to the following terms and policies. By submitting a sample request form, or otherwise requesting or accepting the Lab Services, each client (the “client” or “you") agrees to be bound by these terms and policies.

Submission of Samples

To have a sample tested, the client must fully complete a Service Request Form, found on our website. 

Following submission of a Service Request Form, Tumwater Falls Laboratory, LLC will contact the client using the contact information provided on the submitted Service Request Form to schedule sample drop-off at the facility, located at 4200 Capitol Blvd SE Suite 100, Tumwater, WA 98501. Samples left at the facility without prior arrangement will not be accepted for testing and will be disposed of.

Samples submitted to the laboratory become the property of Tumwater Falls Laboratory, LLC. Samples are held for 30 days. 

Lab Service requests may be delayed if paperwork is not completed or follow-up communication is needed to determine appropriate testing. Lab Service requests will be closed after 5 business days if there is no response from the client.

For the safety of our staff and student interns, syringes submitted with needles attached or samples submitted in containers containing sharps, like broken glass, will be rejected for testing and immediately disposed of.

Leaking or damaged samples will not be tested and will be disposed of to prevent hazards to staff and student interns and ensure only high-quality samples are tested. It is the client’s responsibility to adequately pack samples to prevent breakages.

Samples will be stored and used in secure spaces.

Scope of Work and Testing

Tumwater Falls Laboratory, LLC provides objective third party laboratory analytical services, including data collection and analysis, to the client, subject solely to the terms and policies stated herein. The terms and policies stated on our website shall control in the event of any conflict with any other written document.

Lab Services are described in the Tumwater Falls Laboratory, LLC Catalog of Services, available on our website. It is necessary for us to assume that the Service Request Form submitted in association with a sample describes the testing protocol desired. Any changes to this protocol must be submitted to Tumwater Falls Laboratory, LLC in writing. All Service Request Forms, and any requested changes thereto, are subject to Tumwater Falls Laboratory LLC’s review and acceptance.

The client is solely responsible for determining whether the testing protocol requested by the client complies with any and all applicable federal, state and local laws, rules and regulations governing the client’s business and/or products. 

The Lab Services will be provided under the direction and supervision of the Tumwater Falls Laboratory, LLC’s Laboratory Manager. Tumwater Falls Laboratory, LLC has the discretion to involve student interns in the conduct of the Lab Services.

Tumwater Falls Laboratory, LLC agrees not to evaluate, reverse engineer, analyze, or otherwise attempt to identify the client’s proprietary samples and/or materials, and not to use such samples and/or materials other than in the performance of the Lab Services, without the expressed written consent of the client. To this effect, Tumwater Falls Laboratory, LLC reserves the right to utilize the testing results or related testing data for internal uses or educational purposes, as long as expressed written consent is secured from the client.

Indemnification

Without limiting the foregoing, the client hereby agrees to save, defend, indemnify and hold harmless Tumwater Falls Laboratory, LLC and all other Indemnified Parties from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees to which any of the Indemnified Parties may become subject as a result of any third party claim, demand, action or proceeding that use of any of the materials provided by the client infringes or violates any patent, copyright, trademark or other intellectual property rights of any third party.

The client hereby further agrees to save, defend, indemnify and hold harmless the Indemnified Parties from and against all claims, demands, loss, liability, expense or damage, (including attorneys' fees) arising out of injuries (including death) or property damage suffered by any person as a result of a defect in the product tested as a result of a Service Request Form submission, the Lab Services, or from the client’s use or possession of the results produced hereunder.

The client hereby releases and agrees to hold Tumwater Falls Laboratory, LLC, South Puget Sound Community College, and each of their affiliates, trustees, directors, employees, students, agents and their respective successors, heirs and assigns (collectively, the “Indemnified Parties”), harmless from and against any demand, claim, cause of action, judgment, liability, damage, cost or expense (including attorney’s fees) suffered by the client, Tumwater Falls Laboratory, LLC, or any third party arising from or related to Tumwater Falls Laboratory, LLC’s performance of the requested testing protocol or other requested Lab Services. Tumwater Falls Laboratory, LLC makes no representation or warranty that the testing protocol or other Lab Services requested by the client is effective and/or suitable for the purpose for which the tests or other Lab Services will be performed, and Tumwater Falls Laboratory, LLC takes no responsibility for the client’s regulatory compliance and reporting.

Results and Reporting

Tumwater Falls Laboratory, LLC shall issue, reports of the Lab Services performed (indicating results of testing), to the email address(es) for reports provided by the client on the Service Request Form. 

The client understands and agrees that samples that are tested and reported by Tumwater Falls Laboratory, LLC are representative of the sample submitted by the client and may not be indicative of the entire manufactured batch and/or lot. Such results are intended for use by persons having professional skill and training in the interpretation of such results. Tumwater Falls Laboratory, LLC assumes no responsibility, and the client hereby waives all claims against Tumwater Falls Laboratory, LLC and other Indemnified Parties, for interpretation of Lab Services results. 

Unless otherwise required by law, Tumwater Falls Laboratory, LLC shall provide its report only to those persons or entities specifically designated in writing by the client. 

Any report of results furnished by Tumwater Falls Laboratory, LLC is furnished solely for the client’s benefit and the client’s authorized representatives. Any report or data provided to the client by Tumwater Falls Laboratory, LLC shall not be reproduced by the client, except in full. The client will not include the name of Tumwater Falls Laboratory, LLC, South Puget Sound Community College, or any of its employees in any advertising, sales promotion or other publicity matter without prior written approval of same. Full reports provided by Tumwater Falls Laboratory, LLC may be published by the client. However, the published data or report shall include the following statement:

“This information was provided by Tumwater Falls Laboratory, LLC testing services and is not intended to endorse or recommend any product or service.”

Tumwater Falls Laboratory, LLC does not endorse any product or service.

Tumwater Falls Laboratory, LLC will not include the name of the client or any of its employees in any advertising, sales promotion, or other publicity matter without prior written approval of same.

The client shall not at any time misrepresent the content of any report or other information received from or relating to Tumwater Falls Laboratory, LLC or its work and/or Lab Services on the client’s behalf.

Confidentiality

Client information provided to Tumwater Falls Laboratory, LLC will be treated as confidential information consistent with the applicable legal standards. Such confidential information will not be released to third parties without consent of the client of record except when compelled or required by law, rule, or regulation to comply. Please note, some test results may require reporting to state or national authorities as required by law, rule, or regulation. We require written permission from individuals listed on the Service Request Form in order to speak with anyone else concerning the submission. 

Tumwater Falls Laboratory, LLC, in cooperation with South Puget Sound Community College (an institution of higher education), engages in testing services that are compatible, consistent and beneficial to advancing educational opportunity, scientific knowledge, and providing for its dissemination and the transfer of technology related thereto. Therefore, significant results of testing activities on non-proprietary materials should be reasonably available for publication and/or release to South Puget Sound Community College for educational or research use. Before releasing data to South Puget Sound Community College and/or publishing, Tumwater Falls Laboratory, LLC agrees to give the client a copy of any proposed publication and/or data set and the client shall have six (6) weeks to review the publication and/or data set. Tumwater Falls Laboratory, LLC shall consider the client’s suggested modifications. Upon request from the client, Tumwater Falls Laboratory, LLC will remove client’s identifying information, proprietary information, and/or data that is directly related to trade secrets or competitive advantage. The decision of Tumwater Falls Laboratory, LLC as to what the publication and/or data set shall contain is final.

Payment Terms and Billing

The client agrees to pay Tumwater Falls Laboratory, LLC for services performed as a result of the Service Request Form(s) submitted by the same client in accordance with current fees for Lab Services. Current fees for Lab Services are specified in the Tumwater Falls Laboratory, LLC Catalog of Services, available on our website. Fee amounts active on our website on the date of a Service Request Form submission will be applied to any Lab Services performed as a result of that same form submission. Fees are subject to revision without notice. Samples may need preparation prior to analysis and additional fees may apply.

Tumwater Falls Laboratory, LLC shall issue invoices for the Lab Services performed to the email address(es) for billing provided on the Service Request Form. It is important to indicate billing contact details on the Service Request Form to ensure timely delivery of invoices for payment within the net term period. 

Tumwater Falls Laboratory, LLC accepts credit card, Paypal, or ACH payments. Credit card payments are subject to a 2.99% processing fee. Payment is required in US dollars. Each invoice carries a unique link enabling online payments after service. 

Cancellation of testing may occur if the client communicates the cancellation request in writing prior to test set up. If the test has been set, a report will be issued, and the test charged. Tests are not refundable.

Terms are Net 30 days from the receipt of the results and invoice. Failed payments may lead to suspension of further services until resolved. 

No Warranties

The Lab Services and testing results are provided “as is” and Tumwater Falls Laboratory, LLC makes no warranties, express or implied, as to any matter whatsoever, including without limitation the work to be performed or the deliverables to be provided. To the fullest extent permitted by law, in no event shall Tumwater Falls Laboratory, LLC or any other Indemnified Party be liable for any special, indirect (including, but not limited to, loss of use, lost profits, or loss of data), incidental, or consequential damages, of any kind, resulting from whatever cause whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way connected with the work to be performed or the deliverables to be provided as the result of a Service Request Form submission.

Force Majeure

Tumwater Falls Laboratory, LLC shall not be liable for any failure to perform Lab Services, to the extent such failure to perform is caused by any reason beyond Tumwater Falls Laboratory, LLC’s control, or by reason of any of the following: labor disturbances or disputes of any kind, accidents, failure of any required governmental approval, civil disorders, acts of aggression, acts of God, energy or other conservation measures, failures of utilities, mechanical breakdowns, material shortages, disease, or similar occurrences.

Governing Law/Venue

These terms and policies, as well as any disputes arising from or related to the Lab Services or testing results, shall be governed by and construed in accordance with the laws of the state of Washington without regard to its conflict of laws principles. The parties agree that the exclusive venue for any dispute between the parties under this Agreement shall be the state or federal courts located in Thurston County, Washington and the parties agree to submit to the personal jurisdiction in such courts.