STANDARD TERMS AND CONDITIONS

The following terms and conditions apply to the Services to be provided by Bureau Veritas North America, Inc., d/b/a Maxxam Analytics, (“Bureau Veritas”). For the purposes of this document “Services” includes the services provided by Bureau Veritas as described or reported on the preceding pages, and includes all related services and reporting thereon. In the event of a conflict between these and any other terms and conditions contained in any purchase order or other documentation relating to the Services not specifically agreed to in writing by Bureau Veritas, these terms and conditions shall govern.

LIABILITY

Bureau Veritas’s sole responsibility is to perform its Services in accordance with commonly accepted professional standards using accepted, and where applicable, accredited testing methodologies and procedures, unless lesser standards or methods are prescribed by the client. Bureau Veritas’s liability in connection with the performance or non-performance of Services is to the Client only, and does not extend to the Client’s or Bureau Veritas’s successors, assigns, associates, affiliates, officers, employees, directors, contractors, customers or to any other third party, and is limited to the actual cost of the specific analysis included in the Services. Bureau Veritas has no liability whatsoever for indirect, consequential, exemplary, incidental, special or punitive damages including lost profits, even if Bureau Veritas has been advised of the possibility of such damages. Except as aforesaid, Bureau Veritas disclaims all warranties, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose. The Client agrees to indemnify and hold Bureau Veritas harmless from all claims, damages and losses including the cost of defense in connection with or arising out of performance of the Services, except only as aforesaid.

DELIVERABLES

Bureau Veritas has expertise in providing electronic data deliverables in a variety of formats for upload into client databases. Bureau Veritas’s final reports are transmitted to clients as a PDF image file using Adobe Acrobat. By supplying your e-mail address, this file can be automatically sent upon completion of the report. The e-mail final report can be copied to a regional or corporate contact if desired.

CONFIDENTIALITY PROMISE

All results and information obtained by Bureau Veritas will be held in strict confidence unless (i) the Client directs otherwise in writing, (ii) any disclosed information is at the time of its disclosure or subsequently become generally available to the public without breach of any confidentiality agreement by Bureau Veritas, or (iii) disclosure is compelled by law, in which event Bureau Veritas will use commercially reasonable efforts to give Client prior written notice of any disclosure to be made, and at Client’s expense, Bureau Veritas shall cooperate fully with Client to obtain protective orders, confidential treatment or other such protective action as may be available to preserve the confidentiality of the information required to be disclosed.

INSURANCE

Proof of insurance is available upon request.

FEES

Published prices for analytical services may be subject to change without prior notice.

QUALITY ASSURANCE SAMPLE ANALYSIS

Bureau Veritas reserves the right to analyze customer samples without consent as part of QA/QC procedures.

SAMPLE STORAGE

Bureau Veritas will retain for a minimum of 30 days from receipt for no additional cost. Longer storage periods are available upon request, but additional charges may apply. Bureau Veritas reserves the right to return unused portions of samples to the client, at the Client’s expense.

SAMPLE DISPOSAL

Bureau Veritas will safely dispose of any unused samples in accordance with local environmental regulations. A disposal fee may apply.

HAZARDOUS SAMPLES

Samples which are suspected to be hazardous, must be clearly marked as such prior to submission to the laboratory. These samples may be returned to the Client or disposed of by Bureau Veritas at additional cost.

MINIMUM ORDER

A minimum charge may be applied to analytical submissions to cover the cost of containers, shipping and project management expenses.

PAYMENT TERMS

Net 30 days, 1.5% service charge per month on overdue accounts. Purchase order, cheque or credit application may be required before work commences. Accounts overdue by 90 days or more may be referred to a collection agency. Bureau Veritas reserves the right to withhold data or refuse samples on overdue accounts.

CREDIT APPLICATION

Bureau Veritas requires a credit application to be completed to set up an account, and updated credit information provided on an annual or as requested basis. Based on the result of the credit application an appropriate credit limit will be established. Bureau Veritas reserves the right to withhold data or refuse samples once this limit has been reached.

CHAIN OF CUSTODY

Chain of Custody forms (“COC”) will be provided and must accompany samples to document the transfer of samples from the field to the laboratory. Complete instructions as to analysis and reporting requirements are to be included. A signed COC provides authorization from the Client to Bureau Veritas to proceed with the testing under our standard terms and conditions. Failure to sign the COC may result in delays of turnaround time or processing samples, or refusal to accept samples.

RETURN SHIPPING OF SAMPLES

Bureau Veritas assumes no responsibility for samples or sampling supplies that are lost or delayed as a result of independent couriers.

SAMPLING SUPPLIES (SINGLE USE)

Sample bottles, sampling media, preservatives, labels and COCs are available when requesting services. Contact your client service representative for minimum sample size requirements, sampling protocols and/or to place an order. Some sample containers are available only on a cost or rental fee basis; please refer to your client service representative for more details. A charge may apply for containers ordered, but not returned to Bureau Veritas for testing.