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Terms and Conditions

JE Corp of Florida dba Weight Check is referred to herein as “Weight Check.” The customer purchasing goods or services from Weight Check is referred to herein as the “Customer”. The Customer’s acceptance of the goods or services provided by Weight Check shall manifest the Customer’s assent to the following terms and conditions. However, Weight Check reserves the right, in its sole discretion, to refuse any purchase order submitted by the Customer.

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1. Record Keeping - Weight Check will maintain records of calibration and repair history in accordance with our Control of Documents Procedure. Software versions of these records are maintained on-line for a minimum of ten (10) years.

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2. Work Flow – When work is performed at a Customer’s site, it is the responsibility of the Customer to have instruments available to facilitate steady workflow. Weight Check requests the Customer’s cooperation in providing the on-site technician(s) with an environmentally controlled area to perform calibrations and to stage instruments. This area must have proper lighting and electrical service as well as adequate space to set up our computer(s) and printer(s).

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3. Pricing – Weight Check agrees to maintain the quoted calibration service pricing for the term of a purchase order and / or service contract, provided that a firm purchase order and/or contract for the work quoted is received within forty-five (45) days of the quote date.

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4. Calibration Intervals – Calibration intervals are per the request of the Customer. Weight Check maintains historical data, which may be made available to assist the Customer in making his/her determinations, but Weight Check makes no recommendation regarding the accuracy of the intervals determined by the Customer. If an interval is not specified at the time of order, the calibration interval will be set at 12 months.

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5. Renewal and Termination – The scheduled renewal date of this agreement shall be the later of (a) the first anniversary of the effective date of the Calibration Service Agreement, or (b) upon completion of the term of years selected under service options. This agreement shall be updated by Weight Check issuing a revised Calibration Service Agreement on the scheduled renewal date based on the then prevailing rates of Weight Check for such service. This agreement may be terminated by either party on the scheduled renewal date only, with thirty (30) days prior written notice. Notwithstanding the above, this agreement shall renew and be binding for the subsequent series of twelve (12) month periods under the terms of revised agreements issued on an annual basis, or failing such issuance by Weight Check, under the terms of the originally authorized agreement.

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6. Terms of Payment – Invoices are due and payable in full within thirty (30) days from their date unless other terms have been agreed to in writing by Weight Check. Prices stated in the invoices are subject to correction for errors unless otherwise noted.

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7. Sales and Similar Taxes – Unless otherwise stated, Weight Check’s prices do not include sales, use, excise, or similar taxes. Consequently, the amount of any present or future sale, use, excise, or other tax applicable to the sale of the products hereunder shall be paid by the customer in addition to the invoice amounts.

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8. Transportation and Risk of Loss – Unless otherwise stated by Weight Check, delivery of products hereunder shall be as follows:

For shipments delivered within the Continental United States and outside of the United States – delivery of products shall be F.O.B. point of shipment and transportation expenses shall be paid by the Customer. Title to the products, right to possession and risk of loss pass to the Customer at the point of shipment even if (a) the carrier is selected by Weight Check or (b) prices are quoted F.O.B. destination, C.O.D. or in any other manner.

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9. Warranty – Weight Check warrants all repairs made to be free from defects in material or workmanship under normal use and service for a period of ninety (90) days from the date of shipment to the Customer. Expendable items such as fuses, batteries, test leads, and carrying cases are not warranted.

Any number of factors can cause a calibrated unit to drift out of tolerance at any time following its calibration. Weight Check warrants that any item calibrated by it, found to be out of tolerance within ninety (90) days, due to defects in workmanship, including Weight Check-provided parts, Weight Check repair or calibration processes, will be recalibrated at no charge.

Parts used to replace defective parts provided by Weight Check shall be new or equivalent to new in performance. Title to replacement parts shall pass to the Customer upon shipment, and the defective parts shall become the property of Weight Check upon receipt.

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10. Limitation of Warranty and Liability – The liability of Weight Check (except as to title) shall in no case exceed the cost of correcting defects in products or calibrations and shall not extend beyond one (1) year from date of shipment. All claims for defective products, parts or calibrations under this warranty must be made in writing immediately upon discovery. Weight Check assumes no liability for the consequences of misuse of products by the Customer.

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THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. Any references by Weight Check to the Customer’s specifications and similar requirements are only to describe products, and no representations or other terms therein shall have any force or effect. Catalogs, circulars, and similar literature of Weight Check are issued for general information purposes only and shall not be deemed to modify the provisions hereof.

The foregoing is Weight Check’s only obligation and the Customer’s only remedy for breach of warranty. Except for gross negligence, wilful misconduct, and remedies permitted under any other clause of these Terms and Conditions, the foregoing is the Customer’s only remedy hereunder by way of breach of contract, negligence, or other tort, or otherwise. In no event shall the Customer be entitled to incidental, special or consequential damages. Weight Check does not authorize any agent or representative to warrant product fitness for any particular use or to make any other warranty, express or implied, or to assume any liability, except as set forth herein.

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11. Measurement Conflict Resolution – If a case arises where there is a conflict of the calibration measurement results, then the “Universal Standard Method” will be used because it is technically based and internationally accepted by metrologists in all disciplines. Using this method, the onus of proving the measurement falls on the party that has questioned the results of the calibration. If requested, this party must provide a copy of their uncertainty budget for the measurement to the other party for review. In the event one or more assumptions in the budget cannot be resolved, a third party can be asked to provide an opinion on them and Weight Check will be held harmless against any expense or loss resulting in opinions in Weight Check’s favor.

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12. Discrepancies in Shipment and Damage to Merchandise – Products distributed by Weight Check are carefully packed and thoroughly inspected before leaving Weight Check’s facility. Any claim for discrepancies will be honored only if reported within fifteen (15) days from receipt of shipment.

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Responsibility for safe delivery of products is assumed by the carrier upon its acceptance of the shipment. Consequently, claims for loss or damage sustained in transit must therefore be filed with the carrier as follows: written requests for inspection by the carrier’s agent should be made within fifteen (15) days of the delivery date when concealed loss or damage is discovered. Concealed loss or damage means loss or damage which is not apparent until merchandise is unpacked; contents may be damaged in transit due to rough handling even though packaging may not show external damage. As to visible loss or damage, any external evidence of loss or damage must be noted on the freight bill or express receipt, and such document should be signed by the carrier’s agent at the time of delivery. The Customer’s failure to adequately describe such external evidence of loss or damage may result in the carrier’s refusing to honor a damage claim. The carrier will supply a form for filing such a claim.

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13. Acceptance of Terms and Conditions – Acceptance of the terms and conditions herein is an essential prerequisite to any contract of sale made by the seller. No condition stated by the Customer in its offer or acceptance shall be binding upon the seller if in conflict with, inconsistent with, or in addition to the terms and conditions contained herein. Acceptance of any good or service manufactured and /or delivered hereunder shall constitute purchaser’s agreement to said terms and conditions.

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14. Safety – Weight Check reserves the right to refuse to carry out any work, which, in Weight Check’s opinion, would be hazardous. Weight Check shall not be responsible in any way to Customer for any such refusal. Weight Check shall comply with all of Customer’s safety requirements where applicable; however, any protective clothing or any other equipment required as result of Customer’s requirements shall be provided to Weight Check at no cost. Weight Check also reserves the right to refuse to cross picket lines if, in Weight Check’s opinion, said action may result in harm or potential harm to its employees.

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15. Delayed Performance – If the performance of this agreement, or of any obligation hereunder is interfered with by reason of any circumstance whatsoever beyond the control of the party affected, then the party affected shall be excused from such performance on a day-to-day basis to the extent of such interference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such party’s obligations relate to the performance so interfered with); provided that the party so affected shall use reasonable efforts to remove such causes of non-performance. Notwithstanding the aforementioned circumstances, Weight Check will, to the best of its ability, provide the service covered herein.

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STANDARDS AND PRACTICES

Calibration

All work will be performed in accordance with Weight Check’s Quality System. A copy of our Quality Manual is available, on request, for your review. Key aspects of the service will include:

  • Weight Check Calibrations are performed to Manufacturers specifications & recommended test points. Custom specifications and/or test points requested may result in additional charges.

  • All standards used in the calibration will be traceable to SI units through NIST or to other recognized national or international bodies or physical constants.

  • Calibration work will be performed by trained technicians.

  • Weight Check will monitor and report the temperature and relative humidity under which the calibration work is performed.

  • All instruments will be inspected and cleaned.

  • Batteries will only be changed when the instrument is received without a battery or when the battery charge is low and impacts the calibration results.

  • If repairs are required prior to performing the calibration, an estimate of time and cost will be provided. Repairs will be done only with written customer approval.

  • A calibration sticker will be affixed to each instrument except where it will interfere with the unit’s functionality. The sticker will include the calibration date, due date, and initials of the technician.

  • A certificate of calibration and supplemental report will be supplied for calibrated instruments. The certificate and/or supplemental report include:

    • Device identification including manufacturer, model, serial#, and customer ID number (if supplied).

    • Temperature and relative humidity in the laboratory or calibration area.

    • Calibration date and calibration due date.

    • A list of all standards used in the calibration including their calibration and due dates.

  • Calibration recall notification will be provided at least fourteen (14) days prior to the calibration due date.

  • It is the customer’s responsibility to ensure instruments sent to Weight Check are free of contamination in accordance with State & Federal transportation and/or safety requirements.

  • Specifically, instruments must be free of all chemical and biological agents, oils, or other flammable material and any other contaminants that could cross-contaminate other lab instruments, before being shipped to Weight Check for calibration or repair. Any contaminated material will be deemed a hazardous material.

  • Outsourced Services – Weight Check may use third-party service providers for repair and/or calibration of equipment. Service providers are chosen from a list in the following order: 1) Customer’s directive to use a vendor 2) Accredited labs 3) OEM - Original Equipment Manufacturer 4) Non-accredited/Non-OEM labs. The Weight Check lab handling the equipment will determine the service provider in that order. In all instances, unless previously agreed upon in writing, the Weight Check lab will present the customer with a quote from a vendor for approval prior to the instrument being serviced by that service provider. It is entirely the customer’s decision to accept, reject or suggest a different service provider than the one proposed. Outsourced Services are not covered by our ISO 17025 Accreditation. If, for any reason, you have questions, or this is not acceptable, please contact us at 800-923-8140.

  • On-Site – Calibration will occur at the site listed in the Quote/Service Order unless an alternate location is provided when scheduling your On-Site.

  • TBD – Items annotated as TBD (To Be Determined) require a technical evaluation at the servicing calibration laboratory to make a final determination of calibration capability and price.

  • Measurement uncertainty is presented only by the certified weights provided by Weight Check. These uncertainties are calculated and included in the Service Report. Weight Check is not responsible for additional uncertainties unreported by the Customer related to the item being serviced. A Premium Service Level is offered to the customer which provides more detailed reporting and calculation of measurement uncertainties.

  • There are two calibration service levels offered by Weight Check. The Standard Service level will be provided unless the Premium Service is requested.

 

Standard Services include:

• Ensuring that all scale system mechanics and/or electronics are in proper working condition.

• Checking and/or adjusting scale calibration according to the tolerance limits referenced in the N.I.S.T. Handbook 44 or according to existing calibration guidelines, as specified and as accepted by the customer.

• Noting any problems or discrepancies in scale operation or condition on service reports.

• Calibration sticker affixed to the device.

• Reporting of environmental conditions at time of test.

• Standard service report describing the work performed.

• Creation, electronic storage, maintenance, and issuance of Certificate of Traceability. (A listing of multiple devices on a single certificate)

• NIST traceability of mass standards used during calibration.

 

 

Premium Services include:

• Ensuring that all scale system mechanics and/or electronics are in proper working condition.

• Checking and/or adjusting scale calibration according to the tolerance limits referenced in the N.I.S.T. Handbook 44 or according to existing calibration guidelines, as specified and as accepted by the customer.

• Noting any problems or discrepancies in scale operation or condition on service reports or performance reports.

• Calibration sticker affixed to the device

• Standard service report describing the work performed.

• Reporting of “As Found” and “As Left” calibration results.

• Further calculation of measurement uncertainties.

• Reporting of environmental conditions at time of test.

• Creation, electronic storage, maintenance, and issuance of Certificate of Traceability. (A separate certificate for each device, with results reported for each test point)

• NIST Traceability and notification if mass standards used were found to be inaccurate.

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