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 costs paid by EnergySolutions will be billed at cost plus 20% for packaging/handling/G&A, but will also include discounts as negotiated by EnergySolutions with shipping vendors, if any.
(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 the contamination acceptance criteria in accordance with TN Radiation Safety Guide (RSG-1, Table 12.3). Any Equipment or other instrument returned or sent to EnergySolutions in excess of TN Radiation Safety Guide (RSG-1, Table 12.3) acceptance criteria will be returned to the Customer for decontamination.
- 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) Credit cards must be used for payment on all orders less than $1,000.00 and for orders that exceed $1,000 for those Customers that do not have an established line of credit with EnergySolutions.
(b) Purchase orders will be accepted for orders that total $1,000.00 or more for Customers who have established a line of credit with EnergySolutions. To obtain a credit application, please send an email to ISFStaff@energysolutions.com. Once approved, purchase orders must be received and approved before Equipment Rental or Services will proceed. Any resultant purchase order and purchase order terms and conditions issued by Customer shall be expressly made subject to, and not in lieu of, these Terms and Conditions.
(c) For all orders in excess of $1,000 that are not paid by credit card, payment terms 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. Payment terms are not applicable to credit card orders.
- EQUIPMENT RENTAL.
(a) Equipment Rental charges are billed monthly or when Equipment is returned for partial month rental periods. The final residual rental period, if any, is not covered by previous monthly billing. Monthly rental rates are displayed in the cart. Weekly rental rates can be found in the item descriptions.
(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.
(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 up to, but not exceeding, a one-week rental charge.
(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/.
- 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/calibration-repair-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/calibration-repair-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.