This policy is part of the TrustPoint Analytics website terms and may be incorporated into accepted services where applicable. Read it together with any Accepted Scope or signed agreement.
1. Agreement and order of precedence
These Testing Services Terms govern analytical and related services accepted by TrustPoint Analytics. An “Accepted Scope” means TrustPoint’s written quotation, proposal, work order, or acceptance that identifies the project. If documents conflict, a signed master agreement controls, followed by the Accepted Scope, these Testing Services Terms, the Sample Handling Policy, the Report Use Policy, and other incorporated policies.
2. Client authority and lawful purpose
The client represents that it owns the submitted material or has authority to possess, ship, test, and direct its handling; that all information provided is accurate in material respects; and that the project has a lawful research, quality, commercial, or analytical purpose. The client is responsible for permits, licenses, declarations, import or export requirements, shipping classification, and regulatory obligations not expressly assumed by TrustPoint.
3. No medical or patient-specific services
TrustPoint does not accept patient specimens, perform patient-specific clinical diagnostic testing, interpret results for diagnosis or treatment, recommend dosing or administration, or provide medical or veterinary advice. The client must not submit protected health information or use a TrustPoint result as a substitute for appropriately regulated clinical testing or professional medical judgment.
4. Scope and method suitability
TrustPoint will perform only the work described in the Accepted Scope. Method selection may reflect the sample, matrix, target, expected range, reference material, instrument suitability, and available validated or fit-for-purpose procedures. Unless the Accepted Scope expressly states otherwise, methods are project-specific analytical procedures and are not represented as compendial, regulatory-approved, accredited, validated for a client’s intended regulatory use, or suitable for release testing.
- TrustPoint may recommend a revised method, dilution, repeat, confirmatory work, or additional sample when technically appropriate.
- Material scope changes require client authorization and may change price and timing.
- If the method is not suitable or the question cannot be answered reliably, TrustPoint may stop work and report the limitation.
5. Sample acceptance
Submission of an intake form does not create acceptance. The client must wait for an Accepted Scope, submission number, and shipping instructions. TrustPoint may reject, quarantine, return, transfer, or arrange lawful disposal of unapproved, unsafe, misdeclared, damaged, insufficient, leaking, prohibited, or nonconforming material. Related costs are the client’s responsibility.
6. Shipping and risk
The client is responsible for lawful classification, packaging, labeling, documentation, carrier selection, and shipping to the designated location. Title and risk of loss remain with the client during transit. TrustPoint is not liable for carrier delay, loss, customs action, temperature excursion, leakage, or damage before documented receipt. Return shipment, if agreed, is at the client’s cost and risk unless the Accepted Scope states otherwise.
7. Sample identity and chain of custody
TrustPoint relies on client-provided identity, lot, concentration, handling, and hazard information unless identity verification is part of the Accepted Scope. Internal accession records support ordinary laboratory traceability but are not forensic or evidentiary chain-of-custody services unless expressly agreed in writing before receipt.
8. Subcontracting and partner laboratories
TrustPoint may use qualified laboratories, consultants, couriers, data systems, and service providers to perform or support accepted work. Material subcontracting will be disclosed in the Accepted Scope or report as appropriate. The client authorizes necessary transfer of samples and project information to those providers subject to confidentiality and operational requirements.
9. Timing
Turnaround dates are good-faith estimates beginning after documented receipt, acceptance, and availability of required information, payment, standards, and sample quantity. Delays may result from method development, suitability, repeats, confirmation, instrument service, standards, partner-lab timing, shipping, safety review, client response, or force majeure. Time is not of the essence unless expressly stated in a signed agreement.
10. Fees, taxes, and payment
The client will pay the fees, deposits, shipping, taxes, disposal costs, third-party charges, and approved additions stated in the Accepted Scope. Unless otherwise stated, invoices are due on receipt and TrustPoint may require payment before shipment, work, or report release. Past-due balances may accrue the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs. The client may not offset or withhold undisputed amounts.
11. Cancellation, repeats, and refunds
Cancellation and refund rights are described in the Refund and Cancellation Policy. A client-requested repeat, additional analysis, or method change is additional work unless TrustPoint determines that a repeat is required because the agreed service was not performed materially as specified.
12. Results and reports
Results apply only to the sample as received and the work described. A report is not a statement about another vial, unit, lot, batch, supplier, manufacturing process, safety, efficacy, legality, regulatory compliance, or fitness for human or veterinary use. Measurement uncertainty, sampling error, matrix effects, reference limitations, degradation, heterogeneity, and method limitations may affect interpretation.
- Drafts are for review and are not final reports.
- Administrative errors may be corrected through a controlled revision.
- Analytical findings are not changed to accommodate commercial preferences.
- The client must read the complete report, not isolate a favorable number or image.
13. Report license and restrictions
After full payment, the client may use and reproduce the unaltered final report for lawful internal, commercial, quality, or disclosure purposes, subject to the Report Use and COA Verification Policy. TrustPoint retains ownership of its methods, templates, know-how, branding, and pre-existing materials. No right is granted to imply endorsement or use TrustPoint branding separately from an unaltered report.
14. Confidentiality and publication
TrustPoint treats client nonpublic information as confidential subject to the Confidentiality and Security Notice. Public COA verification, public disclosure, or identification of the client requires authorization in the Accepted Scope or separate written permission, except where disclosure is legally required or reasonably necessary to protect rights or safety.
15. Client review and claims
The client must review the report promptly and notify TrustPoint in writing of a claimed administrative or service error within 30 days after issue, describing the basis. Failure to provide timely notice may limit available remedies to the extent permitted by law. Latent issues that could not reasonably be identified within that period should be reported promptly after discovery.
16. Limited service warranty and exclusive remedy
TrustPoint warrants only that it will perform accepted services with commercially reasonable care consistent with the Accepted Scope. If TrustPoint materially breaches that warranty and receives timely notice, TrustPoint’s obligation and the client’s exclusive remedy are, at TrustPoint’s option, to reperform the affected work where feasible or refund the fees paid for the affected service. This warranty does not cover sample problems, client information, inherent method limitations, third-party misuse, or results that differ from expectation.
17. Disclaimer and limitation of liability
EXCEPT FOR THE LIMITED WARRANTY ABOVE, SERVICES AND REPORTS ARE PROVIDED WITHOUT OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, REGULATORY ACCEPTANCE, OR A PARTICULAR RESULT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUSTPOINT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REPUTATION, SALES, PRODUCTION, OPPORTUNITY, OR DATA; PRODUCT RECALL; PERSONAL INJURY ARISING FROM CLIENT OR THIRD-PARTY USE; OR CLAIMS BASED ON A PRODUCT, LOT, OR USE BEYOND THE TESTED SAMPLE. TRUSTPOINT’S AGGREGATE LIABILITY ARISING FROM A PROJECT WILL NOT EXCEED THE FEES PAID TO TRUSTPOINT FOR THE SPECIFIC AFFECTED SERVICE.
18. Indemnification
To the extent permitted by law, the client will defend, indemnify, and hold harmless TrustPoint and its personnel and providers from third-party claims and reasonable costs arising from the client’s material, product, labeling, shipping, regulatory noncompliance, unlawful purpose, medical or human-use representation, altered or misleading report use, breach of these terms, or conduct outside TrustPoint’s Accepted Scope, except to the extent finally determined to result from TrustPoint’s gross negligence or willful misconduct.
19. Force majeure
Neither party is liable for delay or nonperformance caused by events beyond reasonable control, including severe weather, disaster, epidemic, war, civil disturbance, governmental action, embargo, customs delay, carrier failure, utility or network outage, cyberattack despite reasonable safeguards, labor disruption, instrument failure, facility closure, or shortage of critical standards or supplies. Payment obligations for completed work are not excused.
20. Governing law and general terms
These terms and each Accepted Scope are governed by Florida law without regard to conflict rules. Unless another signed agreement provides otherwise, disputes must be brought exclusively in state or federal courts in Miami-Dade County, Florida. Provisions concerning payment, reports, confidentiality, intellectual property, limitations, indemnity, and dispute resolution survive completion. Electronic acceptance and signatures are effective. If a provision is unenforceable, it will be narrowed and the remainder will continue.