Document 17136220

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Released to
Syndell Parks, Project Manager
616-331-3997 (office)
616-331-8797 (lab)
Email: aquagen@gvsu.edu
740 West Shoreline Dr.
Muskegon, MI 49441
Annis Water Resources Insitute
Grand Valley State University
Watermilfoil Chain of Custody Record
Received From:
Name(print):
Organization:
Address:
Bill To:
Name(print):
Organization:
Address:
Email:
Phone:
Email:
Phone:
Send Results To:
Name (print):
Email:
Name (print):
Email:
Name (print):
Email:
Name (print):
Email:
-------------------------------------------------To be filled in by sender------------------------------------------------Date
Sampled
County and
Lake Name
Location within
waterbody
***Fast track identification results (Y/N):_______
Latitude
(DD)
Longitude
(DD)
No. stems
to
Putative ID process
To be filled in by Thum lab
Date
Rec'd
Pop ID
Sample
Assigned condition &
to samples
notes
For additional cost results can be guaranteed within 3 business days.
Submitted and Agreed to by: (sign/date) ________________________
Received by: (sign/date) ________________________
Subject to all terms and conditions, including limitations of liability and waivers of rights and remedies, on following page.
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MILFOIL CHAIN OF CUSTODY RECORD
(TERMS AND CONDITIONS)
Payment. You agree to pay upon receipt of an invoice the sum set
forth on the web-site for each sample submitted. Payment will be
made in lawful money of the United States of America. Payments
not made in full within 30 days of the date of the invoice will bear
simple interest at a rate of 8 percent per annum.
Publication. Grand Valley State University (“GVSU”), as an
institution of higher education, engages in testing and identification
services that are compatible, consistent and beneficial to its role and
mission of advancing educational opportunity, scientific knowledge,
and providing for its dissemination and the transfer of technology
related thereto. Therefore, significant results of testing and
identification activities shall be reasonably available for publication
and use for research purposes.
Independent Contractor. GVSU is an independent contractor and not
your partner, joint venturer, principal or agent.
LIMITATION OF LIABILITY. YOU AGREE THAT IN NO
EVENT WILL THE GVSU BE RESPONSIBLE FOR ANY
DAMAGES OR PENALTIES RESULTING FROM GVSU'S
FAILURE TO PROVIDE OR DELAY IN PROVIDING THE
SERVICES OR THE ITEMS TO BE DELIVERED BY GVSU
(THE “DELIVERABLES”). IF A SERVICE OR DELIVERABLE
IS FOUND, WITHIN SIX MONTHS OF INVOICE THEREFOR,
TO BE DEFECTIVE OR INACCURATE, GVSU WILL PROVIDE
THE SERVICE OR DELIVERABLE AGAIN AT NO COST TO
YOU. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY WITH
RESPECT TO SERVICES AND DELIVERABLES. THE
SERVICES AND DELIVERABLES ARE PROVIDED "AS IS"
AND GVSU EXPRESSLY DISCLAIMS ANY WARRANTIES
EXISTING BY OPERATION OF LAW, INCLUDING BUT NOT
LIMITED TO THOSE WHICH ARE EXPRESS OR IMPLIED. IN
NO EVENT WILL GVSU BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, NOR WILL THE GVSU'S
AGGREGATE LIABILITY TO YOU EVER EXCEED THE
AMOUNT PAID BY YOU FOR THE TESTING AND
IDENTIFICATION SERVICES AND DELIVERABLES. YOU
AGREE TO INDEMNIFY AND HOLD HARMLESS GVSU
AGAINST ANY CLAIMS ARISING OUT OF THE USE,
COMMERCIAL SALE, OR DISTRIBUTION OF THE
DELIVERABLES OR PRODUCTS OR PROCESSES RESULTING
FROM OR YOUR RELIANCE UPON THE DELIVERABLES.
Notwithstanding anything in this Agreement or any other agreement
between you and GVSU to the contrary, GVSU does not, and has
not, waived any immunity from liability granted to it under
applicable law.
General. This agreement is non-assignable and non-transferrable.
Any legal proceeding instituted by you shall be in the courts of
Ottawa County, Michigan. This Agreement shall be governed by the
laws of the State of Michigan. You certify that you are duly
authorized to enter into this Agreement and that this Agreement is
binding upon you.
MUTUAL WAIVER OF RIGHT TO JURY TRIAL. EACH
PARTY TO THIS AGREEMENT HEREBY WAIVES THE RIGHT
TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING
BASED UPON, ARISING OUT OF, OR IN ANY WAY
RELATING TO THIS AGREEMENT, THE TESTING SERVICES
OR ANY DELIVERABLES, WHETHER SOUNDING IN
CONTRACT OR TORT OR OTHERWISE.
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