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Equipment User Agreement

Before proceeding to order equipment, please read the Equipment User Agreement below.

This agreement is made on date of the submitted Order Form between The Travelers Companies Inc., its subsidiaries and affiliates (hereinafter "Travelers") and Company listed on the submitted Order Form (hereinafter "User").

WHEREAS, Travelers is in the business of providing laboratory analysis services and agrees to provide certain instrument(s) for the express purpose of acquiring samples; and

WHEREAS, User wishes to use or rent certain instrument(s) in the interest of acquiring samples to identify worker(s) potential environmental exposures;

NOW, THEREFORE, in consideration of the mutual promises contained in this Instrument User Agreement (hereinafter “Agreement”), it is agreed as follows:

  1. The period of use or rental for the instrument(s) will not exceed ninety (90) days.  The period of use or rental begins the day instrument(s) leave Travelers premises and concludes on the date of Travelers return receipt.  .  For any extensions beyond the original period of use or rental, User will initiate negotiations with Travelers fifteen (15) days prior to the end of the original period of use or rental.  Each extension period of use consists of thirty (30) days non-prorated increments or as approved by Travelers in writing.  Each rental extension period for direct read or other rented equipment consists of seven (7) days non-prorated increments or as approved by Travelers in writing.
  2. For instrument(s) used or rented that require lab analysis, Travelers will provide and analyze all sampling media.  User will be charged for each analysis requested according to the current rate.  In the event that samples collected by User are not returned to Travelers for analysis, User agrees to pay rental fees for instrument(s) at Travelers current rate. For direct read or other rented equipment, User agrees to pay rental fees at Travelers current rate.
  3. All instrument user agreements are subject to Travelers written approval.
  4. Travelers reserves the right to apply additional charges for sales or special taxes, assessments or charges whether presently in existence or those levied in the future.  The amount of such additional charges will be equal to the full amount of such tax, assessment, charge and any interest or penalties.
  5. No additional charge for instrument(s) calibration will be assessed, if such is normally performed by Travelers or the instrument(s) is outside the calibration period for service.  Special instrument(s) calibrations must be negotiated and approved by Travelers in writing and, if agreed to, will be charged at the current rate, which may be in addition to the instrument rental cost.
  6. In order to encourage verifying instrument accuracy at the sampling site, certain calibration instrument(s) may also be available for use or rent.  Additional charge(s) may apply.
  7. Basic instruction(s) normally supplied by the manufacturer will be included with the instrument(s).  Training on the proper and effective use of instrument(s) is not included.  However, Travelers can provide training on the science of industrial hygiene and the collection of samples.  Additional charge(s) may apply per-student.
  8. User assumes complete responsibility for any loss or damage to the instrument(s) or due to its use.  Any  instrument(s) requiring repair while in the possession of User will be charged to the User and will be handled by Travelers.  User agrees to pay the replacement cost of instrument(s) that cannot be repaired,.
  9. Travelers will have no liability for any damages, actual or alleged, resulting from the use of instrument(s).  User assumes the full responsibility for the instrument(s) use, including, but not limited to, the following: (i) assessing the instrument(s) performance, (ii) evaluating instrument(s) data, (iii) creating procedures and calculating operating parameters for the instrument(s), and (iv) incurring any expenses because of instrument(s) use.
  10. User will notify Travelers immediately if any problem with the instrument(s) develops.  Based on availability, the replacement of defective instrument(s) will be made within a reasonable time after notification.  User agrees its sole remedy will be, the refund of any charges for the calibration or a recalibration of the instrument(s).  Travelers has no other liability to User for any other damages whether direct, indirect, special, or consequential regardless of circumstances.
  11. User agrees that Travelers provides no warranty for the instrument(s) and that all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose, are expressly disclaimed by Travelers.
  12. User agrees to indemnify and hold harmless Travelers from and against any and all claims, causes of actions, demands, settlements and judgments of any nature, including, without limitation, those related to the defense or investigation and all attorneys' fees incurred, attributable to the conduct or negligence of User and its employees or agents.
  13. Use by any individual or organization other than User is not permitted.  All instrument(s) remain the property of Travelers regardless of charges accumulated by User.
  14. Return shipping losses and damage are the responsibility of User.  User agrees to pay the replacement cost of any loss or damage of instrument(s).
  15. Instruments are to be in the same condition when returned to Travelers as when originally sent to User.  User will remove any contaminants on the instrument(s) prior to its return.  If any contaminants remain on the returned instrument(s), User may incur additional charge(s).
  16. User will return instruments using the address provided under section 20.  Deviations from the provided address may result in delivery delays and subsequent additional charge(s).  Traceable forms of delivery services are recommended (i.e. UPS, Airborne, Federal Express, etc.).
  17. Travelers may terminate or amend this Agreement without prior notice.  If this occurs during the period of use or rental, the parties will fulfill and honor the terms of this Agreement unless the amendment is to the benefit of User or these terms cannot be completed within thirty (30) days.
  18. Neither the failure of, nor delay on the part of, Travelers or User to exercise any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any such rights, power or privilege preclude any other or further exercise, or the exercise of any other right, power or privilege.
  19. This Agreement will be governed by and construed in accordance with the laws of the State of Connecticut.  In the event any portion of this Agreement will be unenforceable under the laws of the State of Connecticut, the remaining portion of this Agreement will remain in effect.
  20. Any notices, communications or shipments under this Agreement will be made to the following individuals at the address and telephone number shown.  Any changes in the name, address or telephone number will be sent to the other party by First Class mail or by facsimile copy.  Travelers will incur no liability arising from use of an incorrect address, and Travelers may continue to use the address supplied by User until a notice of change of address is supplied in accordance with the terms of this section.

This Agreement constitutes the entire agreement between the parties relating to the matters contained herein and supersedes all previous communications, representations or agreements, either oral or written, with respect to the subject matter hereof.

I accept the terms and conditions of the Equipment User Agreement, continue to the Air Sampling Order Form.

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