SERVICE TERMS AND CONDITIONS

CONFIDENTIALITY

R&G Laboratories, Inc. is an independent testing laboratory. Lubricant testing services is our primary business. We also sell products and supplies. We maintain strict confidentiality of all client information. These standard terms and conditions are set forth for all accounts.

AGREEMENTS / QUOTATIONS

Our quotations for clients are always non-binding and subject to change unless we have agreed otherwise and marked them as binding or included a specific acceptance period in which the client may accept our quotation. Our offers merely represent an invitation for the client to submit a binding offer. We will review and execute client agreements if provided to us.

Samples addressed from the customer to us are binding offers of the customer. At our choice we accept these orders either by providing a written confirmation, or by unconditionally providing the ordered services.

We shall be entitled to determine the method and/or the type of service provision at our proper discretion according to our price list, (a) unless agreed otherwise in writing and (b) unless mandatory provisions request a specific method and/or type of service provision.

PREPAYMENT POLICY

For new and international clients prepayment is required before testing can be initiated.

PAYMENT TERMS

Our terms are net 30 days from the date on our invoice. We accept U.S. bank checks, wire transfers, all major credit cards, and PayPal through our web store.

Past due accounts by 60 daysmust be made current before the release new reports.

INTERNATIONAL ORDERS

Any customs related fees are the responsibility of the client. All invoices are payable in U.S. Dollars. To minimize banking fees, we suggest payment by credit card. For any wire transferrequests we will create a pro-forma invoice, and include a $35.00 wire transfer fee. Client will be responsible for any banking fees assessed from their bank.

TEST FEES

The fees listed in the R&G Laboratories, Inc. Price List are for tests in which routine procedures are used. Samples which require special handling (e.g. unusual sample preparation, unique laboratory supplies, extra safety measures, disposal fees for hazardous samples, etc.) will incur additional charges.

Revisions to ASTM, ISO and other standards may affect test procedures, and consequently test fees, at any time. All fees in the R&G Laboratories fee schedule are subject to change without notice.

RUSH SERVICE

Rush service may incur a Rush charge and the client will be informed accordingly.

VOLUME DISCOUNTS

Volume discounts are available for many of the tests listed. Please call for a quotation on your volume testing requirements.

HAZARDOUS SAMPLES

Special precautions must be taken to safely test hazardous samples. Handling and Disposal fees will be added to all samples which are hazardous or radioactive samples, which cannot be free-released into the environment. These fees will vary depending on the material, the nature of the hazard.

TEST PROCEDURES

R&G Laboratories has an extensive library of Standard Operating Procedures (SOPs) for commonly performed tests. Our lab procedures are based on ASTM procedures, or other industry recognized references. We shall be entitled to determine the method and/or the type of service provision at our proper discretion according to our price list, (a) unless agreed otherwise in writing and (b) unless mandatory provisions prescribe a specific method and/or type of service provision.

RETESTS

Retesting is generally governed by our SOP for handling out-of-specification findings. Client authorized retesting will be billed accordingly.

REPORTS

The written inspection reports reflect our specific opinion regarding the samples. The results of the tests performed may include the data interpretation and recommended actions. Results relate only to the samples tested which were supplied by the customer. Comments are advisory only and are based on the assumption that the sample and details submitted are valid. No warranty is expressed or implied. Reports shall not be reproduced except in full without the approval of the R&G Laboratories, Inc.

Our service shall be completed once the report or the test results are provided to the customer, unless agreed otherwise in writing.

Lab reports shall be sent via email, to the contacts which are on the report distribution list. Other reporting options are available, if requested and pre-arranged prior to issuing the report.

MINIMUM FEE

The minimum invoice value for testing is $30.00.

REISSUED REPORTS

There may be a charge for a reissued report, when deemed necessary.

SAMPLE RETENTION AND RETURN

All unused samples or excess volume after testing is completed will be held for approximately two weeks then disposed of (unless you instruct us otherwise). Following completion of testing, if requested, we will return remaining samples to the client. There is a minimum fee of $10.00 plus shipping expenses for the return of samples. Fees vary according to quantity and weight of samples, special handling or packaging requirements. R&G Labs cannot be held liable for any loss of samples, whether at R&G Laboratories or lost in transit.

RECORD RETENTION

All report related data and documentation will be held according to our Document Control Procedure (SOP-005).

AUDIT POLICY

We also recognize our clients’ need to re-audit their contract service providers in accordance with their company SOPs. Under certain circumstances for extended audit times, an hourly fee will be assessed for hours beyond a preset schedule. If applicable, our QA managers will discuss this when the audit is scheduled.

CONDITIONS OF SALE, WARRANTY AND LIMIT OF LIABILITY

R&G Laboratories, Inc. provides testing services to its clients on a fee-for-service basis. All services are performed by R&G Labs in accordance with the service notes, terms and conditions specified in this document and on our price list. Any deviation to the terms must be agreed to in writing by R&G Labs’ management prior to the performance of service.

The only warranty that R&G Labs offers is that it will perform its services with due care in accordance with R&G procedures and generally prevailing industry standards and applicable regulations. The only remedy for breach of this warranty will be to require R&G Labs to repeat the services or to be credited for fees paid for service performed.

The customer understands that reliance on any reports issued by us is limited to the facts and representations set out in the reports which represent our review and/or analysis of facts, information, documents, samples, and/ or other materials in existence at the time of the performance of the services only.

We shall be entitled to have orders placed with us carried out in full or in part by companies associated with us or by suitable subcontractors that have been carefully selected by us. R&G Laboratories’ assumes no responsibility for any purpose for which a client chooses to use test results. R&G Laboratories, Inc. shall not be liable under any circumstances for any amount in excess of the cost of the test performed.

Any products purchased and requested for return must be shipped in same packaging, in unused condition, and shall be subject to a 20% restocking fee.

USE OF “R&G LABORATORIES, INC.” OR TRADEMARKS

Any use by the customer (or the customer’s affiliated companies or subsidiaries) of the name “R&G Laboratories, Inc.” or any of our trademarks or brand names for any reason must be prior approved in writing by us. Any other use of our trademarks or brand names is strictly prohibited.