Scope of applications
All business relationships are based on these terms and conditions of sale, delivery and payment. Differing agreements including the purchaser's conflicting terms and conditions - only apply if expressly agreed in writing
Quotation
We will abide by our quotation for a period of 1 months calculated from the date of our quotation.
1. TERM
1.1 This Service Contract (Contract) defines how Poseidon Analytical will provide service on each piece
of Customer equipment covered (individually, service contracts). This Contract
Shall become effective on the service commencement date of the first Customer service
Contract and continue until modified in writing by Poseidon Analytical or until the final service
Contract terminates without renewal.
1.2 The Customer may terminate any service contract with 30 days prior written notice.
The remaining balance shall be paid in full per the Term and Conditions.
1.3 If any invoice issued under this Contract is not paid within 30 days, the service
Contract will be suspended, and or will be canceled if not paid or resolved within 90 days.
If any service was performed on equipment during the period the service contract was
Suspended, it will be billed at the applicable per call rates then in effect. To restart
Service after it has been canceled previous balance shall be paid in full, a pre-contract inspection may be
required.
2. RENEWALS
2.1 A renewal invoice will be sent before each service contract expiration date.
3. SERVICE RESPONSIBILITIES
3.1 Poseidon Analytical will provide services under this Contract sufficient to maintain the
Equipment in good operating condition per manufacture specification.
3.2 Service will include replacement of parts, reagents, calibration, and a detail service report emailed to
designated plant contact(s). All parts and reagent shall be provided by the plant.
4. EXCLUSIONS
4.1 Service is contingent upon the proper use of all equipment and does not cover
Equipment which has been modified, or which has been subjected to unusual physical or electrical
stress. Poseidon Analytical shall be under no obligation to furnish service (preventative or remedial) if:
(1) adjustment, repair or parts replacement is required because of supplies, operator-caused error, or
repeated misuse of equipment; (2) the equipment is maintained or repaired or if attempts to repair or
service the equipment are made by other than authorized Poseidon Analytical personnel, without the
prior approval of Poseidon Analytical. (3) The equipment is removed from its location of initial
installation and/or reinstalled without the prior approval of Poseidon Analytical (4) All reagents and
standards shall be maintained by plant between service visit
4.2 Service does not include damage from terrorism, vandalism and acts of God, such as but not limited
to fire, flood, lightning, Earthquake, electrical disturbances, etc.
5. GENERAL
5.1 The customer agrees that Poseidon Analytical will not be liable for any special, indirect
Consequential damages.
5.2 The terms and conditions of this Contract shall prevail not withstanding any
Variation from the terms and conditions of any present or future order submitted by the
Customer for service.
5.3 This Contract supersedes all prior Service Contract Terms & Conditions or
Understandings between the parties and may not be changed or terminated orally.
6. Receiving Shipments (including loss or damage by transportation)
6.1 It is the customer’s responsibility to check for missing cartons and sign of damage to cartons. If
found, customer should note missing and/or damaged cartons on the delivery receipt and have delivery
receipt signed by the representative of the transportation company. If unpacking discloses concealed
damage from rough handling, the customer should request a concealed damage inspection from the
Transportation Company. 6.2 It is the receiver’s responsibility to file claim with the carrier for damage or
loss.
7. Warranty Conditions & Limitations
7.1This Warranty shall not apply to any product which, in the opinion of Poseidon Analytical, has
Been (a) altered or repaired in a manner affecting the efficiency of performance of the unit or (b)
Incorrectly installed or operated or (c) damaged in shipment or (d) damaged by flood or fire or (e) if the
Serial number is missing, altered or defaced.
7.2In no event shall Poseidon Analytical, its subsidiaries or its suppliers be liable for any damages
Whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of
Information, or other pecuniary loss) arising out of the use of or inability to use the product, even if
Poseidon Analytical, or its subsidiaries, has been advised of the possibility of such damages.
All registered trademarks are fully acknowledged by: Poseidon Analytical, LLC.
Poseidon Analytical, LLC. does not represent or claim any affiliation, association, connection or approvals with or from any manufacturer unless stated. We fully acknowledge all trademarks and/or names which are pictured and/or listed throughout the Poseidon Analytical, LLC. Website.