CoC Terms and Conditions
Standard Terms and Conditions of Service
Please click on the appropriate link below to view the terms and conditions:
-
Terms and Conditions - Environmental
Download Here
(Last Modified: February 4, 2021) -
Terms and Conditions - Food Safety & Science
The following terms and conditions apply to the Services to be provided by Bureau Veritas Canada (2019) Inc. (“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.
1. Scope
The analysis detailed in this document is intended to assist you, the Client, in your efforts and responsibility to produce safe food. The analysis may be for contaminants or adulterants that are known to be or may potentially be harmful, or that may impact on the quality or desired characteristics of the product. The results are representative of the samples at the time and condition of submission, and as determined by the indicated method(s). Any inference as to their applicability to any particular product, production lot, intermediate, ingredient or facility should be made by an individual with relevant expertise, based on an understanding of the product and the suitability of the sampling protocol.
2. Confidentiality
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.
3. 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 to Client.
- Bureau Veritas will retain Chemistry samples for a minimum of 30 days and Microbiology samples for a minimum of 13 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.
- Bureau Veritas will safely dispose of any unused samples in accordance with local environmental regulations. A disposal fee may apply.
- Bureau Veritas reserves the right to analyze customer samples without consent as part of QA/QC procedures.
- 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.
- Bureau Veritas assumes no responsibility for samples or sampling supplies that are lost or delayed as a result of independent third party couriers.
4. Payment Terms
- Published prices for analytical services may be subject to change without prior notice.
- A minimum charge may be applied to analytical submissions to cover the cost of containers, shipping and project management expenses.
- Payment terms are net 30 days, a 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.
- 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.
5. Insurance
Proof of insurance is available upon request.
6. Liability
Bureau Veritas’ 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’ 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’ 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 defence in connection with or arising out of performance of the Services, except only as aforesaid.
7. Deliverables
Bureau Veritas shall not be responsible for any loss, liability, damage, expense or cost arising from any use of Bureau Veritas’ analyses, reports, certifications, advice or reliance upon Bureau Veritas’ Services, which is contrary to, or inconsistent with, or beyond the provisions and purposes set forth therein or included in these Terms and Conditions. Client understands and agrees that Bureau Veritas’ analyses, reports, certifications and services shall be used solely by the Client, and only the Client is allowed to rely on such work product. If the Client re-uses, modifies or a third party relies on the services, analyses, reports or certifications without Bureau Veritas’ written permission, then Client agrees to defend and indemnify Bureau Veritas from any claims or actions that are brought and any costs, damages, expenses or liabilities, including reasonable attorneys’ fees, arising out of or related to such reliance or such re-use or modification.
8. Cause of Action
Any cause of action brought against Bureau Veritas shall be brought within one (1) year of the work or services performed under this Agreement.
9. Prevailing Party
In all disputes arising under this Agreement, the parties agree that the prevailing party shall be entitled to recover its reasonable attorney’s fees, court costs and other legal expenses from the other party.
10. Non-Exclusivity
Nothing herein is intended nor shall be construed as creating any exclusive arrangement between Bureau Veritas and Client. This agreement shall not restrict either Bureau Veritas or Client from acquiring or providing similar, equal or services from or to other entities or sources.
11. Compliance with Laws
Bureau Veritas shall use the standard of care in its profession to comply with all applicable Federal, State and local laws, codes, ordinance and regulations in effect as of the date services provided.
12. Waiver.
No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province in which the Services are performed.
-
Terms and Conditions - Oil & Gas
Insurance
Proof of insurance is available upon request.
Minimum Charge
A minimum charge of $173.00 will be applied to all analytical work orders.
Fees
Published prices for analytical services may be subject to change without prior notification. All prices are listed in Canadian Dollars (CAD).
Sample Storage
Bureau Veritas's standard "no charge" storage period for specific types of samples is 15 days. 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
Gas, water and oil samples will have a $12.00/sample disposal charge. For samples that require special disposal or that are found to be hazardous, Bureau Vertias reserves the right to return the samples to the originating company or invoice the originating company for the cost of disposal plus 15%. For samples not requiring special sample disposal, Bureau Vertias reserves the right to charge for their safe disposal. Samples larger than 1L may have a higher sample disposal fee. All of the above disposal fees and their application, are subject to prior agreement with Bureau Veritas.
Hazardous Samples
Samples, which are suspected to be hazardous, must be clearly marked as such prior to submission to the laboratory. Failure to do so will result in a $100.00 charge.
Insufficient Samples
These fees will be applied when client collected samples are received and partially or fully processed by Bureau Veritas and are subsequently found to not meet basic sample quantity standards.
Terms
Unit pricing provided by Bureau Veritas is based on payment terms of Net 30 days from the date that the invoice was issued by Bureau Veritas. Bureau Veritas reserves the right to increase quoted prices at Bureau Veritas’s discretion by 1% per each 15 days extension to standard payment term of Net 30 days. Late payment charge equal to 2.0% per month will be applied on overdue accounts. Bureau Veritas reserves the right to increase quoted prices at Bureau Veritas’s discretion on overdue accounts. Purchase order, cheque or credit application is required before work commences. Accounts overdue by 90 days or more may be referred to a collection agency. All prices and rates are listed in Canadian Dollars (CAD), unless otherwise specified.
Custom Analysis
Bureau Veritas has one of the most diverse ranges of capabilities of any lab in Canada. If you require analysis of samples, or for parameters, that do not appear in this schedule of fees please call us to discuss your needs. We will review your requirements and provide you with a quotation based on the scope of the project.
Chain of Custody / Analytical Request Form
Chain of Custody (COC) forms will be provided and must be used. Complete instructions as to analysis and reporting requirements and a signed COC must be provided with the samples. Failure to do so will result in turnaround time delays in processing samples or refusal to accept samples. A generic on-line version of our COC is available by visiting the Bureau Veritas Website at: bvna.com
Sampling Supplies
Sample bottles, cylinders, preservatives, labels and forms are available when requesting services. Contact your Customer Service Associate for minimum sample size requirements and 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 Customer Service Associate for more details. Sample container orders for severe service conditions must be discussed with technical staff prior to or at the time of placing the order. Examples of severe service conditions are: temperatures >93°C, pressure close to 1800PSI, high H2S, high compressibility, liquified products, trace analysis and combinations thereof
Sublets
Rush delivery of the data may not be possible. Please consult your Customer Service Associate for further clarification.
Sample Cylinder Policy
Terms and Conditions:
- All cylinders supplied by Bureau Veritas are provided for the sole purpose of obtaining samples which are to be sent to Bureau Veritas for analysis.
- All cylinders delivered to or picked up by a client become the responsibility of the client.
- All cylinders delivered to or picked up by a third party that has been hired by the client for sampling services become the responsibility of the client. Written client signoff must be provided by the third party.
- All cylinders delivered to or picked up by a third party becomes responsibility of the third party, if client signoff is not provided.
- Regular cylinders (300-500cc with standard needle valves, evacuated and glycol-filled cylinders) returned to Bureau Veritas within 40 days of the shipping date will not be subject to rental fees.
- Regular cylinders exceeding the 40 day rental free period will be subject to a rental fee of $3.00 per day.
- Regular cylinders not returned within 156 days of the shipping date will be subject to a nonrefundable fee of $350 (the individual cylinder rental charge is capped at $350).
- All cylinders leased to clients for their own use will be subject to rental charges effective from the shipping date.
- Specialty cylinders (e.g. Sulfinert lined, large capacity (>500cc) or cylinders equipped with high temperature valves or cylinder rated >1800psi) will be subject to the daily rental charges of $3.00 per day effective from the shipping date. The rental cap for these cylinders is $750.
- Piston cylinders will be subject to the daily rental charge of $20.00 per day effective from the shipping date. The rental cap for these cylinders is $5000.
- All cylinders sent to competitor laboratories will be charged a “Competitor Fee” of $77.00 in addition to applicable rental fees.
- For cylinders returned without analysis being requested, a cleaning fee of $39.00 may apply.
- Invoices will be sent to the “Invoice to” company and contact person.
- Taxes applicable per local laws will be applied.
Samples for Legal Analysis
Bureau Veritas has both the expertise and documented procedures to ensure proper handling of legal samples. Please notify your Customer Service Associate for instructions prior to sampling. Consultation, expert witness, legal analysis and court appearance charges are $300.00 per hour or by prior agreement. All associated analysis will be performed at Fee Schedule rates. Failure to notify Bureau Veritas of samples that may be involved in litigation will incur a $1000.00 charge.
Emergency Service (Reported in 8 Hours)
For projects requiring an immediate turnaround in emergency situations, the analysis will commence upon receipt of properly documented samples. This service is offered only with prior arrangement with your local Bureau Veritas Lab and results will be delivered in 8 hours. Eight (8) hour service has a 200% surcharge on list or quoted price. Overtime charges will also be applicable, if properly documented samples arrive after 9:00am. Certain tests, due to an extended analysis run time cannot be completed in 8 hours, but will be reported as soon as they are completed and are subject to the surcharge. This service is not available for samples that need to be sublet to another laboratory. Please contact your Customer Service Associate for further information.
Critical Service (Reported in the Next Business Day)
For projects requiring immediate turnaround in critical situations, the analysis will commence upon receipt of properly documented samples. This service is offered only with prior arrangement with your local Bureau Veritas Laboratory, and results will be delivered by the end of business on the next business day. Next Day service has a 100% surcharge on list or quoted price. Overtime charges will also be applicable if work is requested during weekend or stat holiday hours.
Rush Service (Reported in 2 Business Days)
For projects requiring rush turnaround, a rush service is available. The analysis will commence upon receipt of properly documented samples and will continue during regular business hours. The results will be reported in 2 BUSINESS DAYS. THE 2 BUSINESS DAY rush service has a 50% surcharge on list or quoted price. Overtime charges will be applicable if work is requested during weekend and stat holiday hours.
Priority Service (Reported in 3‒4 Business Days)
For projects requiring priority turnaround, a priority service is available. The analysis will commence upon receipt of properly documented samples and will continue during regular business hours. The results will be reported in 3 - 4 BUSINESS DAYS. The 3 - 4 BUSINESS DAY priority service has a 25% surcharge on list or quoted price. Overtime charges will be applicable if work is requested during weekend and stat holiday hours.
Measurement Uncertainty
Measurement of Uncertainty is not accounted for when stating conformity to selected criteria, where applicable
-
Terms and Conditions - US Industrial Hygiene
Media Orders – Requirements
For a media order to be shipped, your firm must already have an active account with the laboratory. If not, please call 800-806-5887 or use the Contact Us page on BVNA.com to begin the process. For emergency orders placed after noon, please contact the laboratory to confirm that the required timeline can be met and to immediately address any need for clarification. Shipping charges for overnight delivery and delivery outside the contiguous U.S. are invoiced to the client. A few specialty media pieces, where prices are shown, are invoiced when ordered. All other media needs to be returned for analysis within 60 days to avoid replacement fees. The following media items must be returned, whether used or not, to avoid replacement fees: IOMs for inhalable particulate, Carbotrap tubes for volatiles and evacuated canisters for volatiles.
Standard Terms and Conditions
The following terms and conditions apply to the Services to be provided by Bureau Veritas North America, Inc., (“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’ 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’ 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’ 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’ 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.