- PROPOSALS. This proposal (“Proposal”) sent by F2 Labs (“F2” or “we”) to the other party hereto (“Company” or “you”) is valid for 30 days unless otherwise revoked by F2 or rejected by Company. F2 is not obligated to perform any services not expressly included in this Proposal (including but not limited to repeat testing, repairs, modifications, testing on models not expressly specified in the quote, redundant test set-ups, testing against other standards, etc.), and may charge additional fees for such services. F2 shall have the unilateral right to cancel a project that has been on hold for 30 days or more without refunding the fees paid therefor.
- YOUR RESPONSIBILITIES. You are required to provide F2 all documentation, materials, equipment, test samples, information, etc. (“Materials”) in the format requested by F2 no later than the date requested by F2. The deadline for sending such Materials, and the format you must send them in, will be provided to you in a “confirmation notice” or another email. If F2, in its sole judgment and discretion, does not receive the requested materials in the format requested by F2 on/before such deadline (or if none, within 30 days of the date of your Proposal), F2 may, in its sole discretion, (i) cancel all services hereunder and invoice the full amount as though the services were completed in full, and/or (ii) issue a cost increase to this Proposal. Further, it is your responsibility to ensure that your project under this Proposal is scheduled to begin within thirty (30) days from the date hereof; if you do not schedule your project within such timeframe, the price of the services under this Proposal may change and additional charges may apply/
- PAYMENT TERMS. Subject to the terms hereof concerning cost increases, the amount due for services performed by F2 under this Proposal is set forth in the above quote. Note that fees for follow-up inspections, listing revisions, and similar services are not included and will be charged separately. Payment in full is due upon delivery of any report in connection with this Proposal, including but not limited to any discrepancy report or any other deliverable. The company shall not withhold payment based on report/certification status or in connection with the failure of its product to meet any testing requirements. All deposits are non-refundable. Overdue payments bear interest at the rate of 3% each month and may be reported to a collection/credit agency. If F2 engages the services of an attorney and/or collection/credit agency to collect overdue amounts, you agree to indemnify F2 for such costs. F2 reserves the right to hold any Company property until full payment is received; by holding property, F2 does not waive the right to payment and is not responsible for any damage to such property. Property held due to non-payment of any invoice for more than 30 days may be disposed of at the sole discretion of F2 and at Company’s expense. The company is required to notify F2 if the equipment being tested requires more than one hour for set-up. Additional set-up time required to make the unit operation will result in additional fees.
- SCHEDULE. Scheduling will be confirmed after you sign this Proposal. It is Company’s responsibility to provide F2 with technical information in a timely manner. If Company fails to provide all requested information within a reasonable period of time, not to exceed 30 days, F2, in its discretion, may close the project without refund and, upon receipt of the information, may open a new project. There may be additional fees to allow F2’s engineers time to re-familiarize themselves with the relevant project, and such fees will be determined by F2 at its sole discretion.
- CANCELLATIONS. Please provide as much notice of any potential delays as possible. If F2 is not given at least 15 business days’ written notice of a cancellation or postponement prior to the start date of a project, F2 reserves the right to invoice the full amount of this Proposal as though the services were completed in full.
- RETURN OF EQUIPMENT. Upon completion of testing, Company will be notified of such completion and will provide F2 with shipping instructions to return Company’s equipment, if applicable. You have 30 days from the date of the notification to provide shipping instructions. Any samples that are at F2’s facility beyond the 30 days may be disposed of at F2’s discretion and at your expense. All shipping expenses are in addition to the fees quoted. F2 Labs does not assume any risk of loss or damage for products during shipment.
- SUBCONTRACTING. The company agrees that F2 may use consultants and subcontractors in the performance of services and that, notwithstanding anything to the contrary contained herein, Confidential Information (as defined below) may be shared with such subcontractors and Consultants.
- INDEMNITY. There are many tests that have the potential of being destructive to the product being tested. In addition, it is typically required that F2 personnel either completely or partially disassemble the product being evaluated. Therefore, F2 does not assume any responsibility for the condition of test samples after its evaluation is completed. Except as prohibited by law, Company shall indemnify and hold harmless F2 and its employees, directors, officers, and representatives (the “Beneficiaries”) from and against (i) death or bodily injury or the damage to or loss or destruction of any real or tangible personal property in any way connected to the performance of services, and (ii) all third party claims, losses, liabilities and damages arising from or relating to any services or deliverables, including without limitation those that relate to the design, testing or data provided by Company, or the manufacture, marketing or sale of Company’s products or services. F2’s test results only apply to the specific unit being evaluated and F2 does not warrant that the future unit you manufacture will produce the same test results as the unit originally tested by F2.