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Terms & Conditions
These Terms and Conditions govern all cannabis testing services (“Services”) agreed to be performed by East Coast Cannalytics LLC (dba ECC Test Lab), a Virginia limited liability company (“ECC”), for any person requesting such services (“Customer”). The Terms and Conditions are incorporated into any order, offer, invoice, arrangement or understanding between the Customer and ECC, including pursuant to a Request for Services via telephone, email, in writing, or via web portal accepted by ECC. All Services requested by Customer are expressly limited and conditioned upon acceptance of the Terms and Conditions and without limiting any other mode of acceptance, Customer’s submission of samples is deemed acceptance of these Terms and Conditions. ECC objects to and rejects any provision additional to or different from the Terms and Conditions that may appear in Customer’s Request for Services, purchase order, acknowledgement, confirmation, writing, or in any prior or later communication between Customer and ECC, unless ECC expressly agrees to such provision in a written amendment signed by ECC. The Request for Services together with these Terms and Conditions are herein referred to as the “Contract”.
Service Requests
Requests for Services can be made by telephone, email, in writing, or via web portal. Customer must confirm requests for Services in writing (using a Chain of Custody) or fill out the request for services via the web portal prior to the commencement of the Services.
Materials (“Samples”) must be shipped or hand delivered to ECC for testing following the directions provided by ECC. ECC will provide via email a valid Certificate of Analysis (COA) with test results clearly displayed.
Samples Handling
A representative sample is one that is stable, homogeneous, and representative of the batch from which it is taken. The Customer is responsible for sending in a representative sample for testing. Delivery of samples must be performed during regular business hours and/or by appointment with ECC to ensure receipt of samples. Samples should be either hand delivered or mailed (HEMP ONLY) to 10329 Stony Run Ln, Ashland, VA 23005.
Samples Storage
ECC Test Lab holds a Control Substance Registration from Virginia’s Board of Pharmacy, in accordance with the regulations for cannabis testing labs in Virginia. ECC Test Lab Control Substance Policy (Doc. ID 1383) is the guiding document for handling of samples in accordance with Virginia’s Board of Pharmacy or those that are considered a control substance.
Samples are stored in a secure temperature-controlled room where only authorized personnel are allowed badge access. Upon completion of testing, ECC will dispose of samples and unused materials within fourteen (14) – twenty (28) days in an appropriate way and in accordance with state and federal regulations (disposal procedures may vary for different sample types).
Price and Payment Terms
All fees for Services are set forth on ECC’s offer to Customer and are firm, fixed, and cannot be varied without the prior written agreement of ECC. Prices do not include any sales, use, excise, privilege, or other taxes or assessments imposed on the Services, and the same will be added to the price of Services when necessary at invoice. Payment for all Services is due at the time of Order. Release of testing results and the certificate of Analysis may be released prior to payment in good faith that payment will be receive not more than 1 week after testing is completed, the COA is received, and the Customer is invoiced.
If Customer has outstanding invoices, payment must be received prior to the release of testing results and the COA(s) for any current or future tests. Lab owns and will retain test results and COA(s) until payment is received for all amounts due under the Contract. Once payment is received, Lab will transfer such ownership rights and provide the COA(s) to Customer via email.
Customer agrees to pay a fee of 1.5% per month (18% annual rate) against all outstanding balances from the date such balance is due until paid. There is an additional $25.00 charge for any returned checks. Customer agrees that it will pay ECC for all costs of collection (including attorney fees and court costs) ECC incurs to collect amounts owed hereunder.
Compliance with Law
Customer represents and warrants to ECC that: (i) all Samples provided to ECC for testing were produced and shipped in compliance with all applicable federal laws, Virginia state laws, and the state and local laws applicable to Customer; (ii) Samples qualifying as “Industrial Hemp” as such term is defined in the Agricultural Improvement Act of 2018, should follow all application regulations from the federal, state, and local levels, particularly when transporting Samples; (iii) the Customer will share or sell all products represented by the Samples in strict compliance with all applicable federal, state and local laws. Customer shall provide evidence of registration under a state’s industrial hemp program or any other compliance documentation only upon request by ECC.
Reports, Document Retention, Confidentiality
ECC retains final testing reports and supporting documentation for two years following the Services, and may retain such information for longer period of time as may be required by law. Unless otherwise required by law, ECC will only release testing information to third parties with the authorization of the Customer.
Each party will maintain the confidentiality of all information obtained from the other party in connection with this Contract and will not use such information for any purpose other than in connection with the fulfilment of its obligations under this Contract. This obligation will not, however, apply to (a) any information that was in the possession of the receiving party prior to execution of this Contract, (b) any information that comes into the possession of the receiving party after execution of this Contract via a third party who does not, in disclosing such information, breach a confidentiality obligation to the other party, (c) any information that comes to be available to the general public through no fault of the receiving party, or (d) any information that the receiving party is required to release to a government authority.
Disclaimer of Warranty
Services delivered hereunder are “as-is”. To the maximum extent permitted by law, ECC makes no representation or warranty of any kind, and hereby expressly disclaims all other representations or warranties, express, implied, statutory, or arising from a course of dealing, usage of the trade or otherwise, including, without limitation, any representation or warranty as to merchantability, fitness for a particular purpose, or any other matter, with respect to goods produced or sold and represented by the samples, whether used alone or in combination with any other goods, substances, processes or materials, or services.
Limitation of Liability
Lab acknowledges that Customer is engaging Lab for important testing services and, accordingly, Lab is insured with Errors & Omissions (E&O) Insurance in the case of flawed testing due to mechanical or technical failure or error, improper samples handling, or negligence. Lab agrees to reimburse Customer for any testing that may be flawed for said reasons. Customer hereby expressly understands and agrees that the extent of Lab’s liability shall extend only to reimbursement for the costs of tests performed and remittances already paid.
IN NO EVENT SHALL LAB BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Indemnity
Customer shall indemnify and hold ECC and the respective employees, directors, officers, agents and representatives, harmless from and against any suits, liabilities, losses, damages, claims, causes of actions, and expenses (including attorneys’ fees) arising out of or connected with any act or omission of Customer, its agents, employees, subcontractors, or customers, including, without limitation, any breach of the representation or warranties herein or the sale, manufacture, or use of goods represented by a Sample.
Litigation Support
All costs associated with compliance by ECC to any subpoena for documents, for consultation in preparation for or testimony in any deposition or proceeding, or for any other purpose relating to the Services, shall be paid by Customer. Such costs include, but are not limited to, fees for persons responsible for responding to subpoenas, reproduction of reports and data in support of reports, mileage and other travel expenses, attorney preparations for testimony, court testimony, attorney fees, and any other expenses associated with ECC’s participation in the litigation.
Miscellaneous
The rights and duties of the parties and any dispute regarding the Services covered hereby shall be resolved according to the laws of the state of Virginia, without regard to its conflicts of law provisions. Any dispute relating to this Contract will be subject to the exclusive jurisdiction of the state or federal courts in or for Montgomery County, Virginia. In any dispute arising from this Contract, the prevailing party will be entitled to recover the expenses of the action, including but not limited to (a) the cost of any special handling fees and (b) a reasonable attorney’s fee.