CSP Labs provides a wide variety of laboratory testing and related services, including Standard, Rush, and Express services, based solely on the samples, material, or information submitted by Customer. Services are provided only for analytical and informational purposes. CSP Labs Express is intended as a same-day or next-business-day service; however, all turnaround times are estimates only and are not guaranteed unless expressly agreed to in writing. For Standard and Rush services, no turnaround time is guaranteed unless expressly agreed to in writing. Services include, but are not limited to, evaluation of materials for the presence of plant or other genetic material, growth and visual evaluation of seeds, microbiological evaluation of seeds or plant materials or derivatives thereof, extraction of DNA or RNA from submitted material, and other services. Sample material can include seeds, plant material, soil, water, oil, or other agricultural samples.

All test results are provided as-is and without warranty, express or implied. Customer acknowledges that test results may be incorrect, incomplete, or inconclusive due to sample condition, seed treatments, biological variability, handling of sample during shipping, or inherent limitations of testing methods. Different methods have different performance characteristics, including sensitivity and specificity, and may produce different results. CSP Labs makes no representation or warranty regarding the accuracy, completeness, reliability, or fitness for any particular purpose of any test result. Customer assumes full responsibility for any reliance on test results.

Unless otherwise agreed to in writing, Customer is solely responsible for proper sample collection, identification, packaging, labeling, and shipment. CSP Labs is not responsible for non-representative samples, lack of sufficient sample material, contamination, degradation, misidentification, or sample deterioration.

CSP Labs performs testing using methods selected based on Customer requests, laboratory judgment, availability, regulatory requirements, and practical considerations. Customer acknowledges that no test method is perfect or free from limitations and that different methods may yield different outcomes. Customer is encouraged to consult with a CSP Labs representative prior to ordering to understand the available tests and their limitations.

Some CSP Labs services are performed under laboratory accreditation and some are not. Accreditation status may vary by method, analyte, and service type. To ensure that a specific service is accredited, Customer is encouraged to consult with a CSP Labs representative prior to ordering.

CSP Labs maintains a price list that is generally updated annually but may be updated more frequently. Pricing is subject to change at any time and CSP Labs will make an attempt to notify Customer by email when price changes occur along with effective dates of new prices. Customer is encouraged to contact a CSP Labs representative to confirm current pricing and to inquire about any anticipated price changes prior to submitting samples.

Customer may request CSP Labs’ current price list or obtain a written quote from a CSP Labs representative. A written quote is the best method to confirm pricing, rush fees, turnaround expectations, subcontracted services, and any special handling requirements. Quotes are estimates only unless expressly stated otherwise in writing and are valid only for the period stated in the quote, if any.

Additional charges may include, without limitation, rush service fees (typically 20%, but subject to change depending on the nature of the test), subcontracted laboratory testing fees including sequencing or specialized analyses, shipping and handling charges, and wire transfer processing fees for international payments. In some cases, CSP Labs may require prepayment of estimated laboratory testing fees prior to commencing work. For shipments using CSP Labs shipping labels, CSP Labs will bill Customer for estimated shipping costs. In some cases, Customer may use CSP Labs’ shipping account and will be billed a shipping tier for billing simplicity. The tiered amount billed to Customer may not match the exact carrier invoice.

Final charges may vary based on sample condition, scope of work, test complexity, or additional services required.

In some cases, CSP Labs may ship material to Customer for services including, but not limited to, performing DNA extraction on customer material and returning material to Customer. Shipping costs for returned material will be billed to Customer. CSP Labs is not responsible for degradation, loss, or changes in material quality after shipment.

If samples originate from within California, CSP Labs may be required to disclose sample origin and related information to the California Department of Food and Agriculture (CDFA) in order to comply with testing permit and regulatory requirements. Customer consents to such disclosure.

For Express services, CSP Labs will make reasonable efforts to provide results within one (1) business day of sample receipt. If this is not possible, CSP Labs will attempt to contact Customer to determine whether testing should proceed. CSP Labs may, at its sole discretion, offer a partial discount. For Standard and Rush services (non-Express services), turnaround times are estimates only and are not guaranteed unless expressly agreed to in writing. Failure to meet estimated turnaround times does not constitute a breach of contract.

Certain tests may yield inconclusive, indeterminate, or unexpected results due to method limitations, biological uncertainty, sample condition, germination performance, or factors outside CSP Labs’ control. In such cases, Customer agrees that CSP Labs is still entitled to payment for services performed. For tests requiring seed germination, CSP Labs will bill for the test even if germination is low, unsatisfactory, or prevents clear interpretation, provided CSP Labs performed the test in accordance with standard procedures.

If testing cannot be completed solely due to CSP Labs’ laboratory error, Customer will not be billed for that specific test. However, CSP Labs shall not be liable for failure to complete testing or for destruction, consumption, or alteration of samples during the normal testing process.

Payment terms are NET 30. CSP Labs may require prepayment in certain cases. Past due balances may result in suspension of services. International payments are subject to wire transfer fee tiers, which may not match exact bank charges.

CSP Labs uses Customer information solely to correspond regarding testing services, billing, and related service matters. CSP Labs does not sell or share Customer information for marketing purposes.

To the maximum extent permitted by law, CSP Labs shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of business, loss of data, regulatory penalties, product recalls, or decisions made based on test results. CSP Labs’ total liability shall not exceed the amount paid by Customer for the specific instance of use of a service giving rise to the claim.

Customer agrees to defend, indemnify, and hold harmless CSP Labs from any claims, damages, losses, liabilities, costs, and expenses, including attorney’s fees, arising from submitted samples, intellectual property issues, regulatory issues, or third-party claims.

CSP Labs shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, war, terrorism, labor disputes, governmental actions, power or internet outages, pandemics, or failures of third-party service providers. Performance shall be suspended for the duration of such event, and CSP Labs shall use commercially reasonable efforts to resume performance as soon as practicable.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Sutter County, California, and the parties hereby consent to the personal jurisdiction and venue of such courts.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

No failure or delay by either party in exercising any right, remedy, power, or privilege under this Agreement shall operate as a waiver of that or any other right, remedy, power, or privilege. Any waiver must be in writing and signed by the party granting the waiver. A single or partial exercise of any right, remedy, power, or privilege shall not preclude any other or further exercise of that or any other right, remedy, power, or privilege.