Terms and Conditions
Scope:
The following Terms and Conditions apply to work and services provided by Rays Precision Calibration, Inc. Any participation in our services will constitute acceptance of this agreement. Additionally, when using these services, you shall be subject to any posted guidelines or rules applicable to such services. All conditions in exception to this document and the Rays Precision Calibration, Inc Price List applicable to a specific customer must be agreed, in writing, between Rays Precision Calibration, Inc and the customer prior to proceeding with the terms. These exceptions will be documented in a customer-specific document.
Accreditation:
Rays Precision Calibration, Inc performs its work and has been accredited by Perry Johnson Laboratory Accreditation, Inc. to the ISO/IEC 17025:2017 standard.
Calibration:
Calibrations within the Rays Precision Calibration, Inc’s Scope of Accreditation are accredited to the ISO/IEC 17025:2017 standard and are in accordance with our quality manual. The work performed is limited to the portions of work required of a calibration laboratory. The customer is responsible for proper management of their quality system. Calibration services will be subject to the following conditions:
· General: Rays Precision Calibration, Inc’s Quality Manual (available upon request) and calibration procedures will dictate the calibration process. The customer must inform Rays Precision Calibration, Inc in writing prior to commencement of the calibration work if specific test points, additional standards or unique tolerances are required. Additional charges may apply.
o Any work outside of the current scope of accreditation of Rays Precision Calibration, Inc will require additional review of the equipment and procedures. Rays Precision Calibration, Inc is not committed to perform the calibration until this review is complete. Written request of this work must be provided to Rays Precision Calibration, Inc prior to commencement of the work. Additional charges may apply.
o Consumable items, such as batteries and fuses, are not included in the cost of calibration and will be subject to additional charges.
o Rays Precision Calibration, Inc is not responsible for the removal or reintegration (i.e. setup, installation, programming) of equipment at the customer’s facility in accordance with a service event.
· Traceability: Rays Precision Calibration, Inc will provide certifications traceable to the National Institute of Standards and Technology (NIST), or a natural physical constant, on each calibration when applicable.
· Calibration Data: Rays Precision Calibration, Inc will construct and maintain (for the life of the organization known as Rays Precision Calibration, Inc) readily accessible records on all equipment calibrated. Certificates and labels will be generated for every calibration completed, at no additional charge.
o By default, Rays Precision Calibration, Inc is a paperless company. All certificates are available to the customer via Sharefile. If hard copies of certificates are required, the customer is to notify Rays Precision Calibration, Inc in advance of the service event and hard copies will be provided at no additional charge.
o Certificates will contain, at a minimum, the information required by ISO/IEC 17025:2017.
o Upon completion of calibration activity, a label will be applied to that equipment piece or storage means which will include, at a minimum, the date re-calibrated, name and/or initials, or number of individual performing the service, new expiration date and equipment identification.
o If certificates and labels need to be reprinted before the next scheduled calibration of the equipment, the customer can do so, free of charge.
o Standard pass/fail decision rule will be applied, unless otherwise specified by the customer.
o Customers requiring printed certificates or hand-signed certificates may be subject to an upcharge per calibration.
· Calibration Intervals: In accordance with ISO/IEC 17025:2017, Rays Precision Calibration, Inc is unable to provide recommendations on calibration intervals. Calibration intervals will be predetermined, in writing by a representative of the customer and observed by all Rays Precision Calibration, Inc Staff.
o All requested changes to calibration intervals must be submitted in writing.
o Rays Precision Calibration, Inc is not liable for improper intervals selected by the customer or recommended by the manufacturer.
· Calibration Due Dates: In the event that a particular item is to have its calibration due date changed from the currently anticipated date based on the calibration interval, it is the expectation of the customer to complete this update.
o New certificates and labels need to be reprinted before the next scheduled calibration of the equipment, the customer can do so, free of charge.
o It is the expectation of the customer to replace the existing calibration label with the new label updated for the correct calibration due date.
· Sharefile: Readily accessible records on all equipment calibrated will be maintained indefinitely via Sharefile. The customer has unlimited access to this service, free of charge.
· Scheduling Service: Services are to be scheduled by the customer via email, phone call or website submission. The customer is required to provide ample notice in requesting on-site calibration, typically around four (4) weeks.
Laboratory Calibration:
All calibrations performed at Rays Precision Calibration, Inc’s facilities are subject to the above requirements and will be herein referred to as “Laboratory Calibration”. Additionally, the following conditions will also be met:
· Rays Precision Calibration, Inc will ensure that environmental conditions are suitable at Rays Precision Calibration, Inc for the calibration, inspections, measurements, and tests being performed on behalf of the customer. Additionally, safe handling of the customer’s equipment during its time at Rays Precision Calibration, Inc’s facilities will be ensured.
· Standard turnaround time is calculated from the day it is checked into our facility to the day it leaves. Time spent in transit for delivery is not factored into this time.
· A signature of approval and purchase order is required from the customer prior to Rays Precision Calibration, Inc proceeding with any services.
· Expedited services are available upon written request, prior to the commencement of the calibration services.
On-Site Calibration:
The option to utilize the customer’s facility to perform calibration work is available by arrangement, herein referred to as “On-Site Calibration”. These services are subject to the above requirements and are subject to the following conditions:
· General: Rays Precision Calibration, Inc will follow all applicable safety requirements and observe all plant regulations provided by the customer.
o A lead technician will be assigned to each service event to coordinate interaction between the customer and Rays Precision Calibration, Inc.
o For equipment required to return to Rays Precision Calibration, Inc, free transportation may be provided to the Rays Precision Calibration, Inc facility.
o Rays Precision Calibration, Inc’s technician’s normal eight (8) hour work day includes travel time to and from your facility. Overnight trips are scheduled as needed to avoid lengthy travel times.
· Prior to the Service Event: Rays Precision Calibration, Inc will provide the customer with a job report, detailing the equipment to be calibrated, the technicians assigned to the job and suggested dates for the work to be completed. The customer is required to verify the job report, confirm dates for the service event, inform Rays Precision Calibration, Inc of any additional requirements and prepare accordingly.
o The customer will provide a space suitable for the calibration activity, consisting of a clear bench with ample space, proper environmental controls, adequate lighting and electrical access. Additionally, internet access (preferably wireless) is requested, if possible. It is requested that the customer gather and relocate as much equipment to be calibrated as is reasonably possible to the designated calibration area to ensure a speedy service event and minimize Rays Precision Calibration, Inc’s impact on the customer’s operations.
o Job reports and equipment lists must be verified and confirmed by the customer prior to three (3) business days before the service event. Any equipment added to a service event by the customer after this timeframe cannot be guaranteed to be serviced during the event and may incur additional charges for short term rescheduling to accommodate.
· During the Service Event: A customer site representative is required to help identify, disassemble, disconnect, collect and deliver equipment for calibration to the designated calibration area. Once the equipment is calibrated, it is the customer’s responsibility to return the equipment to its operational location and state. Rays Precision Calibration, Inc is not responsible or liable for disconnecting and reconnecting equipment or the installation and setup of equipment after calibration is performed.
o Service required outside of the predefined calibration list, that are unknown prior to arrival may require an additional visit and associated travel costs. Examples of this include adjustment of gages found out of tolerance, lapping of surface plates found out of tolerance, repairs of gages found damaged, administrative services, etc.
Repair:
Equipment found to be in an inoperable state (whether by the customer or upon examination by Rays Precision Calibration, Inc) may require reparations, herein referred to as “Repair Services”. These services are subject to the following conditions:
Prior to performing any service, Rays Precision Calibration, Inc will provide the customer an estimate of the cost and turnaround time. If repair is deemed to be in excess of 50% of the replacement price, a replacement unit will also be quoted at this time. Work will not commence without written approval by the customer.
Our calibration capabilities for specific makes and models of equipment do not ensure our ability to repair it. If outsourcing of the repair is required, the outsourcing conditions outlined above are to be followed.
Turnaround times on repair items vary, depending on stock of replacement parts, outsourcing requirements and customer approval. Delays due to other parties are not the responsibility of Rays Precision Calibration, Inc.
Once repair work commences, if additional repair is found to be required, the additional repair work will not commence without prior written approval by the customer.
Any equipment requiring repair that work is not approved by the customer will be returned to the customer as is, unless notified to be scrapped.
Outsourcing:
The contents of this document will become the flow down requirements to any third party or agents acting on behalf of Rays Precision Calibration, Inc. Use of any third parties will be communicated to the customer in advance of approving work. These scenarios will be subject to the following conditions:
Third party suppliers will perform in accordance with Rays Precision Calibration, Inc standard operating procedures (SOPs), or submit their own SOPs to Rays Precision Calibration, Inc for review and approval prior to use.
When outsourcing any calibration, Rays Precision Calibration, Inc will use full prudence in finding an ISO/IEC 17025:2017 accredited calibration provider. In the event that one does not exist, the original equipment manufacturer (OEM) is automatically approved, provided they can prove traceability to NIST.
Delays due to other parties are not the responsibility of Rays Precision Calibration, Inc.
Shipping & Handling:
Unless otherwise agreed to by the customer and Rays Precision Calibration, Inc, all transit of equipment to and from the customer and Rays Precision Calibration, Inc are subject to the following conditions:
· General: All shipment and freight expenses, both incoming and outgoing, are the responsibility of the customer. The customer is also required to determine whether insurance is necessary for the shipment and pay for this insurance. Rays Precision Calibration, Inc shall be notified of this requirement and the amount of insurance.
o Rays Precision Calibration, Inc is not liable for any transportation delays caused by a third party, whether incoming or outgoing.
· Incoming Shipments: All shipments to Rays Precision Calibration, Inc require the customer to provide proper documentation, including a complete packing slip and purchase order. This documentation should contain a complete list of the equipment included and the service to be performed on each. This documentation can be provided prior to the shipment via email or included in the shipment itself.
o General items, such as manuals etc., are not required to be sent along with the equipment, unless specifically required for the calibration. Rays Precision Calibration, Inc is not liable for any of these items shipped with the equipment, but not explicitly stated on the packing slip provided by the customer.
o Rays Precision Calibration, Inc is not liable or responsible for any equipment that was damaged or lost prior to its arrival at one of its facilities. This is the sole responsibility of the customer.
· Outgoing Shipments: Equipment shipped by Rays Precision Calibration, Inc will be packaged in the most careful way reasonably possible. To ensure safe delivery, all equipment leaving Rays Precision Calibration, Inc’s facilities will be shipping in new, original boxes and packaging material, in addition to equipment specific measures, such as a wax seal.
o The equipment shipped will contain everything sent with the equipment by the customer, including individual gage storage, leads, etc. The shipment included will contain a complete packing slip and any hard copies of certificates requested by the customer.
o Any discrepancies between the packing slip provided by Rays Precision Calibration, Inc, the equipment delivered to the customer, the original packing slip provided by the customer and the purchase order provided by the customer must be reported to Rays Precision Calibration, Inc within forty-eight (48) hours of receipt, or it will be presumed the equipment was received as ordered and accepted by the customer.
o Equipment will be delivered to the customer via Rays Precision Calibration, Inc’s preferred carrier, UPS, unless otherwise requested by the customer. Liability for the responsibility for safe delivery of the equipment is upon the carrier, beginning with their acceptance of the shipment.
o Due to the care Rays Precision Calibration, Inc provides in ensuring safe delivery of equipment by utilizing new packaging material with every shipment, a shipping and handling charge will be charged per box sent by Rays Precision Calibration, Inc.
o If a shipping collect number is not supplied to Rays Precision Calibration, Inc the cost of the shipment to the customer will be included in the final shipping and handling charges.
o Rays Precision Calibration, Inc will only return ship to the address assigned to the account. Requests to ship elsewhere will not be supported, due to potential fraud.
Pickup & Delivery: Rays Precision Calibration, Inc offers pickup and delivery services to its customers within a thirty (30) mile radius at an additional cost.
General Liability:
In no event shall either party be liable to the other party for any special, indirect, incidental, consequential or liquidated, penal or any economic loss damages of any character, including, but not limited to loss of use of the other party’s property, injury, lost profits, or lost production, whether claimed by the other party or by a third party, irrespective of whether claims or actions for such damages are based upon agreement, warranty, negligence, strict liability, or otherwise.
· Rays Precision Calibration, Inc is not liable for equipment that is used by any organization other than the customer.
· Rays Precision Calibration, Inc’s total liability for any claim arising from services shall not exceed the amount paid by Customer for such services. Rays Precision Calibration, Inc is not liable for indirect, incidental, or consequential damages.
· Rays Precision Calibration, Inc shall maintain insurance coverage necessary to comply with all applicable laws, rules and regulations throughout the term of its performance of services. Promptly after a customer’s request, Rays Precision Calibration, Inc shall provide certificates of insurance (or such other materials reasonably requested by the customer) indicating the insurance coverage types and amounts currently held by Rays Precision Calibration, Inc, including without limitation, workers’ compensation, employers liability, and general (public) liability insurance. Rays Precision Calibration, Inc shall maintain the same insurance coverage types in amounts equal to or greater than set forth in such materials delivered throughout the term of Rays Precision Calibration, Inc’s performance for such customer, and shall deliver replacement certificates of insurance and related materials to such customer after request from time to time in the future.
· Excusable Delays: Rays Precision Calibration, Inc is not be liable for service delays due to cause beyond its reasonable control, including, but not limited to, acts of God, acts of the Customer, acts of civil or military authority, governmental priorities, strikes, fires, flood, epidemics, war, acts of terrorism, riot, delays in transportation, or, inability for any cause beyond Rays Precision Calibration, Inc’s reasonable control to obtain necessary materials, components, services or facilities.
· Privacy: All information gained from interaction between Rays Precision Calibration, Inc and the customer is considered private and confidential. This information will not be shared with any third parties without prior written approval from either for any purpose. Either party may not share any of the other party’s proprietary, technical or business information with any third parties, except as otherwise required by law or legal process.
o Confidentiality obligations do not apply to information that is: (a) publicly available through no fault of the receiving Party; (b) independently developed without reference to the disclosing Party’s information; or (c) disclosed under legal obligation.
o Rays Precision Calibration, Inc shall not disclose calibration certificates or results to third parties without written consent from Customer, unless required by law or accreditation body.
o By providing your contact information, you agree to receive communications related to the commercial relationship and transaction, industry news and information and/or programs of interest or marketing material. You may unsubscribe or change your email address for email communications at any time by following the instructions mentioned prominently within each email communications.
o By utilizing Rays Precision Calibration, Inc’s services, the customer hereby grants the service provider a non-exclusive, worldwide, royalty-free license to use the customer’s logo for marketing and promotional purposes related to the services rendered into perpetuity, including after a business relationship may be dissolved. The customer grants Rays Precision Calibration, Inc the right to use the Logo in various marketing materials, including but not limited to it’s website, social media platforms, presentations, brochures, and advertisements. This license allows the provider to display and reproduce the Logo solely for the purpose of promoting the services provided to the customer.
o By submitting their comments, individuals explicitly grant Rays Precision Calibration, Inc permission to use their comments as testimonials in its marketing materials. “Comments” refer to written or recorded statements, feedback, reviews, or testimonials provided by individuals who have used the products or services of Rays Precision Calibration, Inc. Individuals hereby irrevocably consent to the Rays Precision Calibration, Inc’s use, reproduction, distribution, display, and adaptation of their comments in any form or media, whether now known or hereafter developed, for marketing and promotional purposes, without any further compensation or approval. Individuals understand that Rays Precision Calibration, Inc may edit or modify their comments for length, clarity, grammar, or any other reasonable purpose, without altering the overall sentiment or meaning of the comments. Rays Precision Calibration, Inc may use the individual’s name, place of employment, job title and image in conjunction with marketing this testimonial.
· Credit & Payment: All services provided by Rays Precision Calibration, Inc are subject to a credit approval prior to commencement of the work.
o Invoices are due and payable in full upon receipt by the customer.
o Methods of payment include cash, check, ACH or credit card (Visa, MasterCard, & Discover).
o Payment terms are Net 30 days.
o Rays Precision Calibration, Inc reserves the right to suspend or withhold services, including return of equipment or issuance of calibration certificates, in the event of non-payment. Equipment held in excess of thirty (30) days following notification to the customer of the work being completed due to lack of payment or other issues caused by the customer may be subject to a storage fee. Additionally, Rays Precision Calibration, Inc retains the right to invalidate customer calibration certificates for work left unpaid after this period. Rays Precision Calibration, Inc may take action to have the amount collected. The customer may also be responsible for all reasonable costs of collection, including attorney’s fees, court costs, and related expenses, incurred by Rays Precision Calibration, Inc in enforcing its rights under this section.
· Changes: If a current or future provision of the concluded contract should be or become, in whole or in part, invalid/void or unenforceable for reasons other than those stated in these terms and condition, the validity of the remaining provisions of the contract shall not be affected.
· Order of Precedence: In case of an inconsistency, conflict or ambiguity between this document and Rays Precision Calibration, Inc’s quality documents (Quality Manual, Quality Procedures), the quality document shall take governing precedence. Information identified in one document and not another shall not be considered a conflict or inconsistency.
· Indemnity. Customer shall indemnify, defend, and hold harmless Rays Precision Calibration, Inc, its affiliates, officers, employees, and agents from any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of:
o Customer’s negligent acts or omissions;
o Breach of this Agreement by Customer;
o Injury or damage caused by Customer’s equipment.