Terms & Conditions

Terms & Conditions

    • General. These Terms and Conditions shall govern all One Bond Laboratories testing services (“Services”) for any person requesting such Services (“Client”) that are agreed to be performed by One Bond Laboratories, Inc. or One Bond Laboratories, LLC., each an Ohio corporation (herein collectively referred to as “One Bond”).
    • These Terms and Conditions are incorporated into any order, invoice, or understanding between the Client and One Bond (“Order”). All Orders by Client are expressly limited and conditioned upon acceptance of these Terms and Conditions. Client’s submission of samples is deemed acceptance of these Terms and Conditions. An Order together with these Terms and Conditions are herein referred to as the “Contract.” To the extent that any Order contains terms or conditions that vary from the terms of this Agreement, all such additional or varying terms and conditions shall be of no force or effect and shall not be part of the Contract, even if One Bond performs the service requested, unless agreed in writing and signed by both parties. Each customer Order is a new contract and not subject to the same commercial considerations of any previous contracts with the same customer.
    • The parties agree that the relationship between the parties is that One Bond is an independent contractor and is performing independent analysis.
    • Price and Payment Terms. All fees for Services are set forth on One Bond’s Fee Schedule. Payment for all Services is due upon submission of order unless otherwise agreed in writing by both parties. Client agrees to pay One Bond for all costs of collection (including attorney fees and court costs) One Bond incurs to collect amounts owed hereunder. Cancellation of testing services when One Bond employee is in transit or on-site at Client location will incur an automatic fee of $150.00. Cancellation of order after sampling has begun or while sample in transit will result in a cancellation fee of a minimum of $150.00, or, 50% of order. No refunds for cancellation of any part or all of order after samples have been delivered to laboratory.
    • Service Requests. All Client requests for Services must be made in writing, using a Sample Submission Form prior to the commencement of the Services. To ensure sample integrity, any materials (“Samples”) shipped to or collected by One Bond for testing must follow the directions provided by One Bond. One Bond is not responsible for analytically verifying the purity or labeling of the samples and materials provided by Client, unless requested in writing by Client as part of the Services. In the event of spoilage, accidental release, or greater than expected consumption, Client will provide additional Samples to One Bond.
    • Client Responsible for Sample and Selection. The Client shall provide to One Bond any relevant toxicity information or storage requirements known to Client regarding the Samples. Storage conditions are based on instructions of the Client or the nature of the sample. Unusual or extended storage requirements may incur additional fees. Any package containing a Sample that contains or is suspected of containing a pathogen or hazardous substance must be clearly identified as such and communicated to One Bond prior to shipping or pick up. One Bond reserves the right to refuse any shipment or Sample that may pose a risk to its employees or equipment. Client shall bear all costs for adequate disposal of hazardous waste resulting from the Sample(s) submitted, whether or not described as hazardous waste by Client; in One Bond’s sole discretion, such material may be returned to Client for disposal. Client agrees to reimburse One Bond for additional expenses incurred for repair or replacement of equipment and cleanup due to the undisclosed or unforeseen performance of a sample.
    • Client Responsible for Use of Tests and Results. Samples will be tested by the laboratory in accordance with the laws of the State of Ohio (Ohio Administrative Code § 901:14-2-15 or Ohio Senate bill 57). One Bond makes no claims as to the efficacy, safety or other risks associated with any detected or non-detected levels of any analyte reported by One Bond. It is understood and agreed that all One Bond reports will refer only to the actual sample or samples tested, and all One Bond reports shall only be reproduced in their entirety. All test results provided by One Bond are strictly for the use of Client. One Bond is not in any way responsible for the use of such results by any third parties. One Bond is not responsible for the separation, detachment, or other use of any portion of these results. One Bond will discontinue all business relationships with any Client without refund if sample fraud is suspected or determined.
    • Compliance with Law. Client represents and warrants to One Bond that: (i) all Samples provided to One Bond for testing were produced and shipped in compliance with all applicable federal laws, the laws of the State of Ohio, and the state and local laws applicable to Client; (ii) all hemp Samples comprising agricultural products qualify as “Industrial Hemp” as such term is defined in the Agricultural Act of 2014, (as may be amended) and the Agriculture Improvement Act of 2018; and (iii) the Client will sell all products represented by the Samples in strict compliance with all applicable federal, state and local laws. Client shall provide evidence of registration or other compliance documentation, upon request by One Bond.
    • Client further represents, warrants, and covenants that it holds a valid and current license from the State of Ohio, if required, to engage in the cultivation, manufacturing, distribution, retail, or combination thereof of cannabis or industrial hemp. If at any time Client no longer holds a current license for its regulated industry, Client shall immediately, and in no event later than five (5) business days after losing such license, notify One Bond in writing. Client’s holding a valid license is a necessary condition to these Terms and Conditions and, therefore, any loss of such licensure shall immediately terminate any obligations of One Bond hereunder.
    • Destruction and Return of Samples. Client authorizes One Bond to store all Samples, with the exception of medical marijuana, for thirty (30) days after completion of testing unless otherwise required by law. All medical marijuana samples may be destroyed upon Client’s receipt of the Certificate of Analysis. One Bond is authorized to destroy or otherwise dispose of Samples other than medical marijuana unless otherwise directed by the Client, in writing.
    • Reports, Document Retention, Confidentiality. One Bond retains final testing reports and any supporting documentation, including disposal records for five years following the Services and may retain such information for a longer period as may be required by law.
    • Disclaimer of Warranty. Client acknowledges and agrees that there is possibility of an error or failure inherent to complex testing in any laboratory, and that the reported Certificate of Analysis will be accurate within generally accepted commercial ranges of accuracy, unless another measure of accuracy has been agreed to in writing between Client and One Bond. TESTING SAMPLES OF HEMP, MEDICAL MARIJUANA AND ALL OTHER TESTABLE SAMPLES ARE CONSIDERED FOR ALL PURPOSES AS THE RENDITION OF A SERVICE BY EVERY PERSON IN THE ACT AND NOT A SALE OF ANY PRODUCT UNDER THE UNIFORM COMMERICAL CODE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONE BOND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, AND HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER, WITH RESPECT TO GOODS PRODUCED OR SOLD AND REPRESENTED BY THE SAMPLES, WHETHER USED ALONE OR IN COMBINATION WITH ANY OTHER GOODS, SUBSTANCES, PROCESSES OR MATERIALS OR SERVICES.
    • Limitation of Liability. If retesting is required, whether due to suspected error or negligence in association with a discrepancy in test results, One Bond will only be responsible for conducting deficient work again at its own cost and will not assume any further liability of any kind. Any such claim not made in writing within thirty (30) days of service shall be deemed waived.
    • THE LIABILITY OF ONE BOND AND ITS AFFILIATES IS LIMITED TO THE PRICE ALLOCABLE TO THE SERVICES GIVING RISE TO THE CLAIM, AND IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ONE BOND HOWSOEVER ARISING, WHETHER UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, DEFENSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER, EXCEED THE TOTAL PAYMENTS RECEIVED FROM CLIENT UNDER THE CONTRACT. To the extent permitted by law, One Bond shall not be liable for special, indirect, incidental or consequential damages, including without limitation, any loss of profits, loss of business revenues, loss of capital, failure to realize expected profits or savings, overhead costs, loss by reason of service interruption or increased expense of operation, loss of goodwill, loss of reputation, loss of value in any intellectual property, damages or liquidated sums payable pursuant to other agreements or to other third parties, other economic losses, whether arising under warranty, contract, negligence (including negligent misrepresentation) or other tort, strict liability, breach of statute, indemnification, or any other cause or combination of causes, including any theories of concurrent liability arising from a duty of care by operation of law or otherwise.
    • Force Majeure. One Bond shall not be responsible or liable to the Client for any failure or delays in service which resulted from beyond reasonable control of One Bond daily operations. Causes shall include, but not limited to acts of God, natural disasters, delays from traffic of transportation, third party delivery services, intervention from government authority, shortage of supplies/services from routine vendors or any other causes beyond our control.
    • Indemnity. Client agrees to defend, indemnify and hold One Bond and its parent company, affiliates and subsidiaries, and their respective employees, directors and officers, agents and representatives harmless to the fullest extent permitted by law from and against any and all loss, liability, claims, damages, costs and expenses, including but not limited to attorney’s fees and charges of employees of One Bond involved in litigation, or other cause of action arising out of, or relating to, Client’s negligent acts and omissions, any breach of the representation or warranties herein or the sale, manufacture, or use of goods represented by a Sample, or arising out of any violation by Client of its obligations set forth in this Agreement.
    • Miscellaneous. The rights and duties of the parties and any dispute regarding the Services covered hereby shall be resolved according to the laws of the state of Ohio, without regard to its conflicts of law provisions. The prevailing party in any proceeding shall be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief obtained.
    • OBL00010922.21