Terms and Conditions

PRODUCTION TERMS AND CONDITIONS

PURCHASE ORDERS: All orders for contract Irradiation that are not covered by an appropriate “Agreement For Electron Beam Processing” (AFEBP) shall be accompanied by a written purchase order.

UNDERSTANDING: The terms and conditions stated herein apply to all purchase orders issued to E-BEAM Services for Irradiation services not specified in an Agreement For Electron Beam Processing (AFEBP). The issuance of said purchase order shall constitute acceptance of these terms and conditions.

QUALIFICATION POLICY: “New” or “Not Previously Qualified” products at a specific E-BEAM Services location may require a “Qualification Run”. When a CUSTOMER is expecting a specific performance profile from the irradiated product, a “Qualification Run,” with specified irradiation doses, will be required. At the time of the “Qualification Run,” the CUSTOMER must communicate in writing to E-BEAM Services the specific product code identifying this product and the defining Chemical and Physical properties of that material being qualified. Product used for the “Qualification Run” is not intended for commercial use. Upon acceptance of the “Qualification Run” by the CUSTOMER, reference to the specific “Qualification Run” and the corresponding product code shall be included in the purchase order with the applicable dose requirements. The CUSTOMER may refer to a specific “Qualification Run” in future purchase orders without an “AFEBP” provided there have been no changes to the defined Physical or Chemical properties of that product code since the qualification.

WAIVER OF QUALIFICATION: The CUSTOMER has the right to waive the qualification requirement for irradiated product by simply stating the surface dose to be delivered to product and referencing it in the purchase order. The CUSTOMER accepts full responsibility for the performance results of product in this event. If a new product code is sent in for irradiation without prior notification to E-BEAM Services, this would constitute a waiver of qualification by the CUSTOMER.

DOSE POLICY: E-BEAM Services is responsible for the consistent delivery of dose as specified in the CUSTOMER’S purchase order and in accordance with Internal Standard Operating Procedures which include but are not limited to, process control, product qualification and equipment calibration.

CERTIFICATION: E-BEAM Services will certify the delivered dose if requested in the CUSTOMER purchase order. Inspection criteria, other than reported dose, used by the CUSTOMER for acceptance of irradiated product should be stated in the written purchase order or the “Qualification Run” documentation.

PRICING: A quoted price is valid for thirty days and may be changed without notice.

HANDLING: Pricing is based on a single receipt and shipment of each processing run. Any unusual handling requirements (e.g. repackaging, unusual repalletization, unusual lot integrity, etc.) will result in a flat $100 fee or $35 per man-hour, whichever is greater.

PAYMENT TERMS: Payment shall be made within thirty days of irradiation processing. Payment not made within the thirty-day period will accrue interest from the due date at the lesser rate of 1.5% per month or the maximum rate applicable by law. Each shipment shall be considered a separate and independent transaction and payment, therefore, shall be made accordingly.

LIMITED WARRANTY: E-BEAM Services will use its best efforts to render radiation services in accordance with the CUSTOMER’S specifications. E-BEAM Services’ sole liability for its services shall be to re-irradiate improperly irradiated goods or to irradiate equivalent goods. E-BEAM SERVICES DISCLAIMS ALL OTHER WARRANTIES AND LIABILITIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IN NO EVENT WILL IT BE LIABLE FOR CONSEQUENTIAL DAMAGES, LOSS OF USE OF THE PRODUCT OR COMMERCIAL LOSS