Rev. 14 (5/2023)
EnergySolutions Services, Inc. (EnergySolutions) Terms and Conditions
for Equipment Rental or Services
Please carefully read the following Terms and Conditions and all site-related information, before ordering Equipment Rental or Services. By accepting delivery of the Equipment Rental or Services (defined below) or making payment(s) to EnergySolutions for the same, Customer agrees to be bound by these Terms and Conditions.
- EQUIPMENT RENTAL OR SERVICES. For purposes of these Terms and Conditions, “Equipment Rental or Services” shall mean, as applicable: (i) the rental of equipment, detectors or other instrumentation (“Equipment”) by Customer from EnergySolutions, and (ii) the repair and/or calibration of Customer’s Equipment by EnergySolutions.
- AUTHORITY TO SIGN. Any individual ordering Equipment Rental or Services represents and warrants that he or she is of legal age and has the authority and power to order such Equipment Rental or Services.
- INDEMNIFICATION. Customer agrees to indemnify and hold EnergySolutions and its subsidiaries, officers, directors, employees, agents and representatives harmless from and against any and all actions, claims, injury, damage, or losses that arise directly or indirectly out of or from (i) your breach of any of these Terms and Conditions, (ii) your possession, use, operation or rental of the Equipment, and (iii) errors, omissions or inaccuracies in the documents or other information provided by Customer, or obtained from others, upon which EnergySolutions relies when providing the Equipment. Customer warrants that individuals utilizing Equipment are properly trained and qualified in the use and setup of the Equipment. This duty to indemnify EnergySolutions will continue in full force and effect notwithstanding the expiration or termination of these Terms and Conditions.
- LIMITATION OF LIABILITY. The total liability of EnergySolutions under any order for Equipment Rental or Services is strictly limited to the actual amount received by EnergySolutions from Customer for Equipment Rental or Services giving rise to a claim for damages. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE EQUIPMENT AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER STATUATORY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME TOTAL RESPONSIBILITY AND ASSOCIATED RISK FOR SERVICES, EQUIPMENT AND THIS SITE.
- PACKAGING AND SHIPPING.
(a) Customer is responsible for shipping and packaging charges to transport the Equipment to and from EnergySolutions. EnergySolutions will insure outbound shipments and Customer is responsible for insuring return shipments back to EnergySolutions. Shipping will be billed at cost, which includes vendor charges and fees, packaging and shipment container costs, and any other costs associated with preparation of the package for shipping. Note: Customer shipping account numbers cannot be used as this does not cover other shipping costs (i.e. packaging, handling, service fees, etc.).
(b) Equipment shipped by EnergySolutions that is received damaged at Customer location (provided inspection checklist is promptly completed and returned) will be the responsibility of EnergySolutions to repair or replace. Repair or replacement cost of equipment shipped by Customer to EnergySolutions designated location, whether damaged at Customer location or damaged during return shipment, is the responsibility of the Customer. EnergySolutions will provide photos and inspection checklist of equipment received in a damage condition to aid customer evaluation (e.g., insurance claims).
(c) EnergySolutions cannot accept returns of Equipment or Customer equipment or other instruments for Service that are above our facility acceptance criteria. Any Equipment or other instrument returned or sent to EnergySolutions in excess of our facility acceptance criteria will be returned to the Customer for decontamination.
(d) Rental equipment will be shipped on the day customer requests shipment or customer will be informed if unexpected delays occur. EnergySolutions is not responsible for delays due to carrier issues or weather. Customers are advised to request shipment of equipment with critical arrival dates(s) with appropriate margin to account for normal shipping time and unexpected delays.
- APPLICABLE LAW. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws principles. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms and Conditions shall be brought in the United States District Court for the Eastern District of Tennessee (or, if subject matter jurisdiction is unavailable, in the state courts of the State of Tennessee), and each of the parties hereto hereby consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such suit, action or proceeding and waives any objection to venue laid therein. Process in any such suit, action or proceeding may be served on either party anywhere in the world, whether within or without the State of Tennessee
- WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. THE PARTIES AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT BETWEEN THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY AND THAT ANY PROCEEDING WHATSOEVER BETWEEN THEM RELATING TO THESE TERMS AND CONDITIONS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
- DISCLAIMER AS TO CONSEQUENTIAL OR SPECIAL DAMAGES. Under no circumstances will EnergySolutions be liable for any special, incidental, indirect, consequential or special damages which Customer or any person, firm, corporation, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the Equipment Rental or Service or in any correction or alteration thereof made or furnished by EnergySolutions or others. “Consequential Damages” or “Special Damages” as used herein includes but is not limited to costs of transportation, lost sales, lost orders, lost profits, lost income, increased overhead, labor and material costs, and costs of manufacturing variances and operation inefficiencies.
- WARRANTY. EnergySolutions warrants that Equipment repairs will be performed in a competent and professional manner and all parts used to repair Customer’s Equipment will be free from defects in materials and workmanship for a period of ninety (90) days. EnergySolutions reserves the right to perform a warranty repair using new or reconditioned parts or by refunding the original repair charge. EnergySolutions also warrants that all provided rental Equipment will be shipped in good working order. For any rental Equipment received in a damaged or inoperable condition, notification must be made to EnergySolutions within two working days of receipt and the Equipment immediately returned. The Customer may choose to receive an equivalent replacement rental in Equipment or receive a credit for the associated rental charge at its discretion.
- PAYMENT TERMS.
(a) Purchase orders will be accepted for orders with a minimum value of $500.00. New customers will need to request a credit applicating by sending an email to ISFStaff@energysolutions.com. Once approved, purchase orders must be received and approved before Equipment Rental or Services will proceed. EnergySolutions’ Terms and Conditions shall apply to all orders and shall take precedence over any Terms and Conditions issued with the Customer’s purchase order.
(b) Payment Terms for all orders are 100% of the invoice amount due Net 30 days from the date of invoice. EnergySolutions shall have the right to add to invoice(s), and Customer agrees to pay, a service charge of one and one-half percent (1.5%) per month (but not to exceed the lawful applicable rate) on all amounts owed but not paid within the specified terms. Customer agrees to pay collection costs, including attorney’s fees, incurred by EnergySolutions in connection with past due undisputed amounts placed for collection. Final charges may also include, but not limited to, tax, shipping, and repair costs.
- EQUIPMENT RENTAL
(a) Equipment Rental charges are billed monthly or when Equipment is returned for partial month rental periods. Monthly rental rates are displayed in the cart. Weekly rental rates can be found in the item descriptions. Partial month rental periods including residual periods remaining since the last rental paid to date (minimum of one week unless previous paid to date is greater than or equal to return date) are billed at weekly rate (8 days or less), two times weekly rate (9 day to 15 days), or at monthly rate (16 days or greater), as applicable. Applicable taxes will be billed in addition to the Rental rates.
(b) Unless otherwise stated in the product description, the calibration of rented Equipment is included in the rental rate. Alpha, beta and gamma instruments or detectors are calibrated to TH-230, Tc-99, and Cs-137, respectively, unless otherwise requested and approved in advance.
(c) Customer covenants and agrees that (i) the Equipment will be in the Customer’s sole care and control; (ii) the Equipment will be used only in its operational capabilities as per the manufacturer’s specifications; (iii) only qualified operators shall use the Equipment; and (iv) Customer owns or rents all necessary safety devices required for operation of the Equipment.
(d) EnergySolutions calibrates all rental Equipment using approved procedures or the OEM (Original Equipment Manufacturer) technical manual to ensure compliance with the manufacturer’s specifications, industry recommendations and/or applicable regulations.
(e) Customer agrees to return rented Equipment to EnergySolutions in the same physical, radiological and operating condition as when it was received by Customer, normal wear and tear excepted. The repair of damaged Equipment, including parts and labor will be paid by Customer at EnergySolutions’ standard rates, plus parts at the manufacturer retail price, plus 20%.
(f) If Equipment is lost, stolen or destroyed when in the care or custody of Customer, Customer agrees to pay EnergySolutions an amount equal to the then present replacement cost for the Equipment plus a 20% replacement fee in addition to all other owed rental charges. (g) The rental period begins upon the date the Equipment is shipped and terminates upon EnergySolutions’ receipt of Equipment in good working order at EnergySolutions Instrument Shop. Minimum rental charge is one week.
(h) Customer may cancel rental orders prior to such orders being approved by EnergySolutions with no cost to the Customer. If EnergySolutions has approved a rental order or work has commenced prior to the time Customer cancels such rental order, Customer shall pay EnergySolutions labor costs incurred at current labor rates a minimum rental charge of one week.
(i) Source rentals require submission of licensing documentation authorizing possession of the rented source(s). Exempt quantity sources that are rented as a check source with associated instrument do not require a license. Please visit our basic rental website to view EnergySolutions’ current broker fee at https://instruments.energysolutions.com/calibration-repair-1/.
- LONG-TERM RENTAL. In addition to general Equipment Rental terms from Section 11, the following terms also apply for qualified long-term rental orders.
(a) Reduced rental rates for long term rental orders are only available to customers with payment history in good standing (i.e., no past due invoices currently pending or chronic history of paying invoices after payment due dates).
(b) Long term rental rates are only applicable to specific instruments ordered as a long-term rental. (c) Monthly rental rates for long term rental instruments will be discounted beginning with the 4th month of rental as shown by the table below:
|Rental Period||Discount from Web Site Published Monthly Rate|
|4th to 6th month||10%|
|7th to 9th month||15%|
|10th to 12th month||20%|
|13th to 18th month||25%|
|19th to 24th month||35%|
|25th to 30th month||45%|
|> 30th month||50%|
(d) Calibration due date notification service will be provided for long term rental orders. The customer will be notified when rented instrument is approaching calibration due date via email to the email address provided on original rental order unless email address is updated by written request by customer or responsible company. Upon email or other written confirmation/reply that the customer desires replacement instrument, replacement will be shipped at EnergySolutions’ expense to original order address, unless physical address is updated by written request of customer, prior to the shipment date of replacement instrument. A pre-paid return shipment label will also be included with replacement instrument for use by the customer to return the replaced instrument.
(e) Prepaid shipment label for return of instrument with expiring calibration may only be used for instrument serial number indicated on the label. If pre-paid shipping label is used for any other purpose other than return of the indicated instrument, the customer will be responsible for payment of the shipment cost.
(f) Rental instruments with expiring calibration must be returned promptly when replacement instrument is received, or customer is subject to rental charges for both original and replacement instrument until returned. Prompt return of expiring instrument is defined as return shipment date within five (5) working days of date replacement instrument was delivered.
- EQUIPMENT CALIBRATION SERVICES
(a) Standard and expedited calibration rates include one detector (not including smart detectors) and one radionuclide efficiency. Alpha, beta, and gamma instruments or detectors are calibrated to the TH-230, Tc-99, and Cs-137 respectively, unless otherwise requested and approved in advance. Additional charges may apply. Current additional charges can be found at https://instruments.energysolutions.com/calibrationrepair-1/.
(b) EnergySolutions shall provide Customer with a calibration certificate evidencing that the Equipment was calibrated and inspected prior to shipment, that the Equipment met all manufacturer’s published operations specifications and that the calibration measurements are traceable to the National Institute of Standards and Technology.
(c) Customer shall be liable to pay the calibration fee whether the Equipment passes or fails calibration, but may be discounted if calibration fails prior to completion.
(d) EnergySolutions recommends Customer not include any checksources with its shipment(s) of Equipment to EnergySolutions. If a Customer includes a checksource with Customer’s Equipment shipments to EnergySolutions, the Customer shall pay the then current broker fee for EnergySolutions to broker the return of the checksources to Customer. The current broker fee can be found at https://instruments.energysolutions.com/calibration-repair-1/.
- EQUIPMENT REPAIR SERVICES. Equipment sent for repair will be assessed a minimum fee for evaluation. The current minimum fee can be found at https://instruments.energysolutions.com/calibrationrepair-1/. Upon Customer approval, parts and additional repair labor will be charged the current standard or expedited labor rate per hour as required to complete repair and subsequent calibration (if calibration is requested). The labor rate will be determined by the option chosen by the Customer at the time of order placement.
- SECTION HEADINGS. The section headings contained in these Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation of these Terms and Conditions.
- ENTIRE/ONLY AGREEMENT. These Terms and Conditions constitute the entire agreement between EnergySolutions and Customer regarding the Equipment Rental or Services. There are no oral or other representations or agreements not included herein. Neither party’s rights may be changed and no amendment of these Terms and Conditions may be made except in writing, signed by both parties. Use of Customer’s Purchase Order number is for Customer’s convenience only. These Terms and Conditions supersede any provisions or terms whether sent to or received prior to, or subsequent to Customer’s acceptance of these Terms and Conditions.