Terms and Conditions
By submitting an NMR Service Requisition Form to the NMR Laboratory of the Faculty of Science at the University of Ottawa (“uOttawa”), Client acknowledges and agrees to the following terms and conditions:
1. The Client will submit the NMR Service Requisition Form completed by the Client (the “Request”) and the samples to be tested (the “Samples”). uOttawa reserves the right to decline a Request.
2. The Samples are not uOttawa’s property and uOttawa assumes no responsibility for any loss or damage to the Samples. Upon completion of the tests, uOttawa will destroy the Samples unless the Client specifically requests in writing upon submitting its Request that the Samples are to be returned to the Client. The Client assumes all responsibility and cost associated with the return of the Samples to it.
3. uOttawa will send the Client an invoice based on the rates published on the NMR Laboratory website, as may be amended from time to time (https://www.nmr.uottawa.ca/en/cost/index.html ) plus applicable taxes and describing any other costs associated with the testing. Payment by the Client is to be made in Canadian Dollars.
4. Upon completion of the tests, uOttawa will provide the Client with the results of the tests (the “NMR data”) by email using the email address provided by the Client. uOttawa does not claim any intellectual property in the Samples and claims no interest in the NMR data. uOttawa is not responsible for maintaining an archive of the NMR data and accepts no responsibility for lost NMR data.
5. uOttawa expressly disclaims all warranties in respect of the tests and the NMR data including all expressed or implied warranties of merchantability and fitness for a particular purpose, including as evidence in any legal proceeding. By testing the Samples and providing the NMR data, uOttawa, its employees, students or other uOttawa representative is in no way providing an opinion nor agrees to be a witness in any legal or other adversarial proceeding. The Client acknowledges and agrees that tests and the NMR data are provided by uOttawa “as is” and in no event shall uOttawa be liable for any direct, indirect, incidental, punitive or consequential damages whatsoever with respect to the tests and the NMR data. The Client further acknowledges and agrees that any reliance upon the tests and/or the NMR data shall be at the Client’s sole risk.
6. "Confidential Information" means any materials, written information, and data marked "Confidential" by the Client and provided to uOttawa for the purpose of conducting the tests. uOttawa will use reasonable efforts and to the extent permitted by law, to maintain the Confidential Information as confidential. uOttawa’s obligations do not apply to information in the public domain or independently known or obtained by uOttawa. The Client acknowledges that uOttawa is subject to the Freedom of Information and Protection of Privacy Act (Ontario) and as such records in its custody or control, including the Confidential Information, may be the subject of access to information requests.
7. The Client shall indemnify, hold harmless and defend uOttawa, and their respective officers, directors, employees, students and agents (the "indemnified parties") against any and all claims, demands, actions, liability and expenses ("claims") including claims, allegedly resulting in whole or in part from the negligence of the indemnified parties or from acts or omissions for which the indemnified parties otherwise would be liable, related to or arising from the tests, the Samples, the NMR data or the Client’s use of the NMR data. The Client shall be responsible for any damage to uOttawa’s facilities and/or personnel caused by the Samples.
8. The Client shall not use the name of University of Ottawa or of its employees or students or of the Faculty of Sciences or NMR Laboratory in any publicity, advertising, or news release without the prior written approval of an authorized representative of uOttawa. The Client will not under any circumstances advertise or otherwise state or imply that uOttawa has tested or approved or endorsed any Sample, product or process.
9. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario.