Terms & Conditions

ORDER FORM

Analytical Request Form

You may order analytical services from Galbraith Laboratories, Inc. (“Galbraith”, “GLI” or “we”) by submitting samples along with an Analytical Request Form (ARF). The ARF can be downloaded here. For assistance with submitting an order, contact us at labinfo@galbraith.com or toll free at 877-449-8797.

Please fill out all sections of the ARF. A complete ARF will assist us in providing the best possible service.  An incomplete ARF will delay testing.  Because multiple test methods are often available, good information regarding analyte concentration or desired detection limits is invaluable for choosing optimal test conditions.  If retesting is required due to lack of information, additional charges may apply.

To help process your order, please request a pricing quote and indicate your quote number on the Analytical Request Form.

Practices / Techniques

  • Use good sampling techniques.  Our analysis is based on the sample submitted.
  • Additional charges may apply if a sample requires special handling, treatment, or preparation.  Multiphase samples are homogenized as completely as possible prior to analysis unless otherwise instructed.
  • Clearly communicate any holding time requirements.
  • To determine how much sample is required, refer to your quote or contact us.  In general, the concentration of the analyte present in the sample determines how much sample is required.  For example, 10 – 20 milligrams is commonly sufficient if the analyte is present at a concentration of two percent or more.  For trace analyses (ppm), however, several grams may be required.  Be advised many test methods are destructive in nature.
Sample Delivery

Ship or deliver samples to 2323 Sycamore Drive, Knoxville, TN 37921-1700.  Deliveries are accepted Monday through Friday (except holidays), from 9:00 AM – 4:00 PM EST. Samples received after 3:00 PM are processed the following business day.  Samples may be delivered at alternate times only by pre-arrangement.

 
Sample Retention

Samples are not retained for regulatory purposes. We retain hazardous samples for 30 days and non-hazardous samples for 60 days prior to disposal or return to the client. Water, sludge, food, perishable, and air-sensitive samples are retained under original storage conditions for 7 days past the report date. 

 

Hazard Information

 

A Safety Data Sheet (SDS) must accompany hazardous samples.  In the absence of an SDS, please provide as much sample characteristic information as possible.  We do not accept the following:

 

    Radioactive samples (>500 pci or >1100 dpm)

    Samples containing PCBs (> 50ppb).

    Controlled substances

    Pyrophoric materials that spontaneously ignite on air exposure.

 

Sample Disposal / Return

The sample remains the client’s property at all times.  Following the sample retention period, the sample will either be disposed or returned to the client according to the instructions on the order form (ARF).  If the sample is not safe for disposal in a sanitary landfill, it is returned to the client.  Sample handling and return fees will apply.  Hazmat fees will be charged if applicable.

Estimated Turnaround Time

Galbraith Laboratories offers three turnaround time services.

  • The STANDARD service takes approximately 10 business days (15 business days for complete monographs).  Analysis completion time varies with the sample type, handling requirements and tests.
  • A RUSH 5 business day service (5 – 7 business days for complete monographs) is available at a 100% surcharge for most tests.
  • PRIORITY 2 business day service is available on selected analyses at a 200% surcharge.

Rush and Priority services may not be available for all tests. Please contact us for availability at 1-877-449-8797 or at labinfo@galbraith.com. Business days are Monday through Friday (excluding holidays).  Results are reported by email as soon as they become available.

 

Confidentiality 

Inherent in our service as an independent laboratory is the strict confidentiality of all work performed for any client.  No reports or copies of any laboratory document will be sent to anyone other than the client unless written authorization is provided by the client by using the ARF form or documentation on company letterhead.  

REPORTS

The completion of the services performed by GLI for the client (“Services”) shall be evidenced by GLI’s issuing to the client a written report setting forth the results of the services based upon the properly accepted request, applicable protocols, written information, and the product samples provided by the client to GLI (“Report”).

The Report shall (i) constitute the sole deliverable for the Services, (ii) relate solely to the facts and circumstances as observed and recorded by GLI at the time of performance of the Services within the limits of written information and instructions received from the client.

GLI shall have no obligation to update a Report after its issuance. The Report will set forth the findings of GLI solely with respect to the product samples identified therein, and the results set forth in the Report are not to be construed as indicative or representative of the quality or characteristics of the lot from which a product sample was taken for GLI’s performance of the Services. 

The Report issued solely by GLI, is intended for the exclusive use of the client and, except as required by a regulatory body, shall not be published, used for advertising purposes, copied or replicated for distribution or publicly disclosed without GLI’s prior written consent. GLI assumes no responsibility for any third party’s use or interpretation of the Reports.

The client shall not request a Report for purposes of litigation, nor shall it list GLI, its affiliates or employees as an expert in any proceeding without GLI’s prior written consent. If the client anticipates producing or otherwise using the Report in any legal proceedings, it shall so notify GLI prior to submitting the Report in such proceeding.

DATA REPORTING

Standard reports are delivered in PDF format as an email attachment.  A hard copy of the report is provided by mail upon request.  The charge for expedited mail delivery is the carrier fee plus  25%. Certified raw data packages are available for $75.00 per sample (subject to rush surcharges), or a quoted price per batch of samples.

RETENTION OF RECORDS

Raw data remains the property of Galbraith Laboratories, Inc.  We retain records for a period of 10 years, unless alternate arrangements are made by the client or otherwise required by applicable law.

 

GOVERNING LAWS

All these terms and conditions are governed by the laws of the state of Tennessee.  In the event of a dispute relating to these terms and conditions, all parties will submit exclusively to the jurisdiction of any court sitting in the state of Tennessee and will comply with all requirements of that court.

INTELLECTUAL PROPERTY

Methods, discoveries, procedures, protocols and equipment developed by Galbraith Laboratories, Inc. for any specific project shall remain the sole property of Galbraith Laboratories, Inc. unless otherwise agreed upon in a signed contract with the client.

The names, service marks, trademarks and copyrights of GLI and its affiliates (collectively, the “IPs”) are and remain the sole property of GLI and its affiliates and shall not be used by the client. The client shall not contest the validity of the IPs or take any action that might impair the value or goodwill associated with the IPs or the image or reputation of GLI or its affiliates. The client understands that any information or samples submitted to GLI is a license for GLI to use the same in the performance of the Services.

REPRESENTATIONS AND WARRANTIES

The client represents and warrants to GLI that (i) each product sample is not submitted in violation of any third party’s intellectual property rights; (ii) the client will not use and rely upon GLI’s Report for any product whose properties differ from the samples upon which the Report is based.

The client agrees that GLI is neither an insurer nor a guarantor and does not take the place of the client or the third parties that it retains, including designers, manufacturers, agents, buyers, distributors, and transportation or shipping companies; and GLI disclaims all liability in such capacities. The client understands that, if it seeks to protect itself from claims of loss, damage or injury, it should obtain appropriate insurance.

GLI does not warrant or guarantee the client’s products, and GLI’s Report does not represent a warranty of merchantability, a warranty of fitness for a particular purpose, or any other warranty or guarantee.

LIMITATIONS OF LIABILITY

GLI shall not be liable for any indirect, consequential or special loss in connection with the Reports, the products for which the Services were performed, or the Services provided by GLI hereunder. GLI shall not be liable for any loss or damage whatsoever resulting from any delay in the performance of its obligations hereunder or from the failure of GLI to provide the Services within any time period for completion estimated by GLI, regardless of the clause of the delay or failure.

The entire financial and legal liability of GLI in respect of any claim for loss, indemnity, contribution or damage of whatever nature or howsoever arising, shall not exceed an amount equal to five (5) times the amount of fees paid to GLI for the specific Services which gave rise to such claim.

LITIGATION

Clients are responsible for all costs incurred by GLI while complying with subpoena requests.  Preparation of documentation, in-city travel for conferences and conferences by phone will be billed at $450.00 per hour.  Our fee for court appearances – regardless of a requirement to testify – is $3,600.00 per day for each employee plus expenses.  Travel days and non-court days will be billed at $1,800.00 plus expenses.  Subpoenaed data will be billed at a rate of $75.00 per sample and any expenses or services incurred beyond the standard raw data package.

INSURANCE

Galbraith carries worker’s compensation, general liability, and property damage insurance.  A certificate of insurance will be provided to the client upon written request.  It is not feasible to include our clients as additional insured on our insurance policies.  However, we carry sufficient liability insurance for the type of analytical service we provide.

 

COLLECTION

In the event of default on payment for services rendered, the client is liable for all reasonable collection and legal fees.

SEVERABILITY

These terms and conditions, the applicable request form and/or quotation and the Report represent the entire understanding of GLI and the client on the subject matter hereof, and no modification is binding unless in writing. Any of the client’s terms and conditions attached to, enclosed with or referred to in any request form, purchase order or other document shall not apply.

If any of the provisions of these terms and conditions are found to be invalid or unenforceable in any respect, the remaining terms and conditions will be in full effect.

FORCE MAJEURE

If any event of force majeure or any event outside the control of GLI occurs, GLI may immediately cancel or suspend its performance hereunder without incurring any liability whatsoever to the client.

PAYMENT FOR SERVICES

Standard terms of payment are net 30 days.  All fees are charged directly to the client listed on  the Analytical Request Form.  The billing of a third party will not be accepted without a statement, signed by the third party, which acknowledges and accepts payment responsibility.  Once laboratory testing has begun, the client must accept payment responsibility.  If a purchase order is required, include the purchase order number with your sample submittal.  To ensure pricing stability, please request a pricing quote.

Unless a credit account is established, fees must be prepaid or charged to a credit card. GLI accepts MasterCard, Visa, and American Express.  If using a credit card, a 4% surcharge will be added to the total cost. All payments must be made in U.S. dollars.