ACAM Laboratories, LLC

ACAM Laboratories, LLC – Terms and Conditions

The following terms and conditions govern ACAM Laboratories, LLC (hereafter, “ACAM”) testing of the food safety samples submitted by the Customer as identified on the front of this Order Form (hereafter, “Customer”).  ACAM’s food safety testing services will be referred to as “Testing Services.”  These terms and conditions constitute the entire agreement between ACAM and the Customer with respect to the Testing Services and supercedes all prior agreements, representations and understandings of the parties regarding the Testing Services.  The Customer’s submission of samples for Testing Services using this Order Form shall constitute an understanding of the Terms and Conditions outlined herein.  Modification of the terms and conditions set forth herein must be documented in writing by one of the authorized directors of ACAM.

1. Provision and testing of samples

A. Selection of samples. Customer is solely responsible for selecting the samples that ACAM will test through the use of document FS-101 or any other document whereby the Customer has requested Testing Services in written form.  Customer shall hold ACAM harmless from any claims or actions relating to Customer’s selection of samples.

B. Scope of results.  Customer acknowledges that the results obtained through the Testing Services apply only to the samples submitted, and not to any larger batch, bin, shipment, or area of Customer’s food products from which the Customer selected samples.

C. Interpretation of Results.  Customer acknowledges that although ACAM may assist Customer in understanding the results obtained through the Testing Services, Customer bears sole responsibility for determining whether or not to implement any safety measures including but not limited to decisions to distribute to market food products based on such results.  Customer shall hold ACAM harmless from any such claims or actions relating to Customer’s determination whether or not to implement any safety measures.

D. Limited Warranty.  ACAM will perform the Testing Services ordered by the Customer consistent with standards generally accepted in the food safety testing industry. 

2. General Provisions

A. Fees.  Customer agrees to reimburse ACAM for the Testing Services in accordance with ACAM’s then-current fee schedule.  ACAM will invoice a Customer on a bi-monthly basis for the Testing Services and the Customer will pay all invoices within 30 days of the date of the invoice.  Invoices not paid within 30 days are subject to a 1% monthly finance charge.

Certain conditions require additional fees.  For example, expedited sampling and or overtime hours required by technical staff to perform the testing according to the accredited procedure.  The schedule of overtime fees charged to clients under expedited conditions is attached. 

B. Governing Law/Interpretation.  These terms and conditions and ACAM’s provision of the Testing Services shall be governed and interpreted under the laws of the State of Florida.

C. LIMITATION OF LIABILITY.  IN NO EVENT SHALL ACAM BE LIABLE TO CUSTOMER FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WITH RESPECT TO THIS AGREEMENT.

3. Online Requests for Testing Services (eSubmit)

A. Cancellation Policy:  All cancellation requests must be received within 24 hours of requesting the Testing Services online through our eSubmit program.  No refund can be made for Shipping.  Please send a request to cancel@acamlabs.com.  Please allow 2 weeks for processing.

B. Privacy Policy:

This privacy policy tells you how we use information collected on our website (www.acamlabs.com).

B.1. Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., that you have voluntarily provided in order to fulfill your specific request(s) through eSubmit. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

B.2. Distribution of Information

We do not share your information, except in the case of fraud:  We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

B.3. Commitment to Data Security

We do not store any credit card information.  Otherwise, your contact information is kept secure. Only authorized employees (who have agreed to keep information secure and confidential) have access to your contact information.

B.4. Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:

By e-mail: cjones@acamlabs.com

By Phone: 561-693-8017

We reserve the right to make changes to this policy. Any changes to this policy will be posted.

Questions?

Please contact us

1-800-477-4801