STANDARD TERMS FOR SAMPLE SUBMISSION, ANALYSIS AND PROCESSING

Samples for analysis and processing are only accepted on the terms set out below. Each time you send samples to the NMR Facility you indicate your agreement to a contract on these terms. If you do not wish to abide by these terms and conditions, please refrain from sending samples. For external corporate clients, the university requires that the "Montana State University Testing Service Agreement" and any additional CDA (confidential disclousure agreement) be pre-approved and signed by the intellectual property office at MSU prior to sample submissions.

1. Samples shall comply with basic health and safety. You shall advise the NMR Facility of any health and safety hazards and any special handling or storage requirements for samples. In general, the facility does not accept mycotoxins, toxins and illegal narcotics for analysis. 
2. The service is provided on a cost recovery basis, using spare capacity. The facility will use reasonable care, skill and good industry practices to run samples as fast as possible. Time shall not be of the essence of this Agreement. Surplus material is normally destroyed but will be returned if requested in the application for sample processing and upon payment of all transport and handling charges. The facility shall not be responsible for any hacking into results files held electronically by the Facility or interception of any electronic transfers of data between the NMR Facility and you.
3. The applicable fee for the service is that stated in the pre-arranged quotation and/or website, when samples are sent for analysis. Payment is due within 30 days of the date of the Facility's invoice. 
4. The Facility will not disclose the samples, any accompanying written information marked confidential or results of the samples analysis to any person other than its employees who need to deal with them in order to provide the service. They will be made aware of the need to keep them confidential. Confidentiality obligations do not apply to samples or information which are in or become part of the public domain in a lawful manner.
5. No representation or warranty, express or implied, statutory or otherwise, regarding the Service is given and all such representations and warranties are excluded to the maximum extent permitted by law.
6. Nothing in this contract excludes or restricts liability for any fraudulent misrepresentation or death or personal injury caused by negligence.
7. You shall indemnify the University and its employees in full against all direct, indirect, incidental, consequential or special liability, loss, damages, costs or expenses, which are awarded or incurred by them as a result of any claim or threatened claim arising out of or in connection with your use of the results provided through the service.