All services provided by Medallion Laboratories (“Medallion”) are subject to the terms and conditions
stated herein. As our client, you (“Client”) understand and agree that placement of any order for our
services constitutes acceptance of the terms and conditions stated herein. To the extent that any Client
order contains any terms or conditions that vary from the terms and conditions stated herein, all such
additional or varying terms and conditions shall be of no force or effect, and shall not be part of
the Client-Medallion relationship or contract, even if Medallion performs the requested service.
CONFIDENTIALITY: Confidentiality is maintained in all interactions with Clients. Appropriate
confidentiality agreements are signed willingly. If information is subpoenaed and released through the
operation of any judicial, regulatory, or similar process, the Client is notified. In turn, the Client
agrees to respect this relationship of trust. The Client agrees it will not use Medallion’s name or data
(or the name or data of any General Mills entity) in any manner which might cause harm to Medallion’s
(or General Mills’) reputation and/or business. Under no circumstances is the name of Medallion
(or of any of its General Mills affiliates) to be published, either alone or in association with that
of any other party, without prior written approval.
PAYMENT TERMS: Payment terms are Net 30 days. Prices are subject to change without notice.
BILLING: All fees or bills are charged directly to the Client, unless a third party has been
authorized via a signed statement indicating payment responsibility. It is assumed that the paperwork
submitted with a sample describes the testing desired. If changes are made after the originally
requested testing is initiated or completed, the Client must accept payment responsibility. Please
notify Medallion immediately if changes in testing are necessary.
SAMPLE SUBMISSION:Samples should be collected, prepared and shipped according to proper
procedures and accompanied by a Medallion request form for the desired analysis. Sample
preparation, collection, and shipping instructions, and Medallion request forms are available
online at www.Medallionlabs.com. Please include all information requested on the form, and use
the newest forms as available on the Medallion website to avoid processing delays. Samples will
typically be held for two (2) months, except: (1) where samples have been utilized for testing
and thereby consumed; (2) where micro samples are destroyed; (3) where suspect samples are
autoclaved; (4) where samples are returned early at the request of the Client; (5) where storage
will compromise the integrity of the sample; or (6) where circumstances exist that prevent samples
from being held for the typical two (2) month time period.
HAZARDOUS SUBSTANCES AND PATHOGENS: Any sample containing or suspected to contain a
pathogen or substance that is considered hazardous must be clearly identified as such on the
container and communicated to Medallion before shipping. Medallion reserves the right to refuse
any sample that may pose a risk to employees. Return or destruction of such samples is at Client’s expense.
ANALYSIS: Medallion strives to complete all analyses within the turnaround times specified on our
website. Medallion also makes every attempt to deliver rush turnaround in a compressed time, which is also
specified on our website. In most cases, rush turnaround is five working days unless the test itself
requires a longer time for completion. Rush analysis is offered contingent upon pre-notification and
approval of Medallion. However, a rush fee of 100% surcharge of the list fee will be added to the invoice
for each analysis completed in five or fewer working days (or when the test itself requires substantial
time for completion, a compressed timeline agreed upon in advance) at the request of the Client.
Medallion reserves the right to outsource an analysis entirely at Medallion’s expense and without
prior notification to Client, unless Client requests otherwise. Reported results relate only to the
items tested and test reports shall not be reproduced except in full.
RETEST ANALYSES:Retests performed at the Client’s request may be charged to the Client if the
retest confirms the original results. In the event the retest results significantly differ from the
original result, the Client will not be charged for the duplicate assay.
LITIGATION: All costs associated with litigation or dispute, including compliance for all
document subpoena, for oral or written testimony or preparation of same, or for any other purpose
related to work provided by Medallion in connection with analyses/reports performed/completed for
the Client, shall be paid by the Client. Such costs include, but are not limited to, hourly charges,
travel, accommodations, mileage, counsel, and all other expenses associated with said litigation or dispute.
WARRANTY AND LIMITS OF LIABILITY: Medallion warrants that all services will be performed in a timely
manner by competent personnel. THE FOREGOING EXPRESS WARRANTY IS EXCLUSIVE AND IS GIVEN IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED. WE DISCLAIM ANY OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING A WARRANTY
OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. Any services performed by Medallion under
proper technical direction by Client, which are determined by Client to have been performed improperly in light
of the above warranty, and which after investigation by Medallion are acknowledged in writing by Medallion’s
Managing Director to have been performed improperly, shall be corrected by Medallion without charge to Client,
provided that Client provides Medallion with a written request for such correction within two (2) months after
Client knew or should reasonably have known of the problem. In no event will Medallion (including its
affiliates, i.e., all entities owned, controlled, or under common control with, General Mills, Inc. (collectively,
“General Mills”)) be liable for any indirect, consequential, incidental, punitive, or special damages or for acts
of negligence that are unintentional in nature, including, without limitation, damages for lost profit, business
interruption, or other pecuniary loss, regardless of whether Medallion has been advised of the possibility of such
damages. Client further understands and agrees that Medallion’s total liability (including any liability of General
Mills) for damages relating to, or arising in connection with, any services provided hereunder, regardless of the
form of action or theory of recovery shall not exceed the greater of $2,500 or the amount paid by the Client for the
particular analytical service. Medallion and General Mills accept no legal responsibility for the purpose for which
the Client uses the test results or reports, or for any consequence of such use. Medallion and General Mills provide
no guidance regarding and accept no legal responsibility for the purpose for which the Client uses the test results
or reports, and shall have no legal responsibility for any consequence of such use. Client agrees to indemnify and
defend Medallion and General Mills from all claims, damages, liabilities, and expenses relating to Client’s use of
Medallion’s services or Client’s marketing, distribution, sale, or other dissemination of Client’s products or services.
The allocations of liability in this WARRANTY AND LIMITS OF LIABILITY section represent the agreed and bargained-for
understanding between the Client and Medallion. Medallion’s fees for the services provided hereunder reflect such allocations.