PURCHASE ORDERS & ORDERING PROCEDURE

The following must be provided on all orders and/or purchase orders:

1) Company Name and Account Number

2) Bill to & ship to address ( both if different)

3) City, State and Zip Code

4) Buyer’s full Name

5) Purchase Order Number (if no number use buyer name)

6) Date including time with Purchase Order

7) Vendor Payee must be: USA Laboratories, Inc., P.O. Box 158, Dickson, TN. 37056-0158 USA

8) Terms must be filled out completely (including Net terms)

9) Product Item Description

10) Product Item Number

11) Quantity per Product Item

12) Freight On Board (F.O.B.) Price per product

13) Extended product price

14) Purchase order total & Delivered price (if appl)

15) Backorder information (Allowed, not allowed)

16) Delivery date requested (if appl)

17) Freight On Board (F.O.B.) including all shipping requirements (ie. receiving hours or appointment times)

18) Back Haul Allowance (upon USA Laboratories approval)

19)All EDI Orders will be placed through the home office of USA Laboratories.

 

TERMS OF SALE

BUSINESS DOMESTIC & INTERNATIONAL: First 3 orders, Payment must be Prepaid , Wire Transfer or Letter of Credit. Credit Card or COD-cash only (must be USAL approved, COD Domestic only), then the following should be acceptable:

1) C.O.D – (contingent upon signed acceptance form) – Company Check, Cashier’s Check, Money Order or Cash. (First three orders of a C.O.D. must be Cashier’s Check, Money Order, or Cash). Returned checks are subject to a $25.00 assessment.

2) Prepaid – Money Order, Cashier’s Check, or Company Check. (if approved)

3) Credit Card – Master Card, Visa, Discover & American Express (if approved).

4) Net Terms – Applicable only upon approved credit application with guarantor or Bank Letter of Credit approval. (Standard Net 30)

5) Wire Transfers. (please see routing instructions)

 

 INVOICING

Invoices are enclosed with orders unless otherwise instructed. Invoices are payable upon receipt unless terms have been previously arranged. Balance not paid by due date will accrue a service charge of 2% per month computed on the beginning balance of each month, 24% annual rate or the maximum allowed by law which ever is greater. In the event it becomes necessary to resort to a collection for payment, all reasonable attorneys’ fees including penelties and interest will be paid by the customer. USAL’s liability is limited to the amount of the invoice. USAL in no event shall be liable for consequential damages sustained by buyer or customer/user.

 

 SHIPPING POLICY

USAL’s best efforts are made to ship all orders the same day that we receive them (unless otherwise noted). To expedite same day shipment, orders must be received by 12:00 Noon Central Standard Time. A 21 business day lead time for special label or special production. Additional extended lead times may be required for special products or for specific accounts’ needs.

Freight Charges: All freight costs will be incurred by buyer unless other arrangements have been made.

Freight Carriers: Due to corporate agreements, USA LABORATORIES, INC. has preferred carriers that it uses. If you have a preferred freight carrier, please inform us at time of ordering and include a phone number and contact person.

 

 DAMAGED OR MISSING MERCHANDISE

All orders are accurately picked, packed, checked and weighed prior to leaving our warehouse. It is the responsibility of the party who pays the freight bill to file a claim for damaged or missing merchandise. Immediately note and sign the delivery bill of any shortages or damages. Notify carrier within (7) days and notify your USAL account executive.

 

 RETURN POLICY

RETURNS OR EXCHANGES WILL ONLY BE ACCEPTED UNDER THE FOLLOWING CONDITIONS:

1) NO returns without prior authorization number.

2) No returns may be made after 30 days.

3) Returns or exchanges must be shipped prepaid.

4) Returns other than for defects will be assessed a 15% restocking fee.

5) Returns or exchanges must be free of all price stickers, handwritten prices or physical damage. Defaced products will be considered nonstockable.

6) No returns accepted on special label, private label, special production or closeout items.

USA LABORATORIES, INC. will NOT accept any merchandise returned that does not follow the above guidelines. Please make all claims through the carrier. Buyer’s failure to give notice of claim within seven (7) days after receipt of said product shall constitute a waiver by buyer of all claims.

UNDER NO CIRCUMSTANCES WILL USA LABORATORIES, INC. OR ITS AFFILIATES ACCEPT ANY MERCHANDISE WITHOUT PRIOR RETURN AUTHORIZATION.

 

 ADVERTISING

All advertising or marketing dollars spent must be agreed upon advertising by both parties in writing and must be taken off invoice. This includes any and all forms of Dealers, Distributers, or Retailers advertising (CO- OP, Distribution, etc.).

 

TRADEMARK USE POLICY

Trademark Use Policy
USAL TRADEMARK AND LOGO USAGE REQUIREMENTS
Preface         

These USA Laboratories, Inc. (“USAL”) Trademark and Logo Usage Requirements (“Usage Requirements”) set forth USAL’s brands, trademark, logos and slogans.  They apply to all USAL organizations worldwide and to USAL resellers, distributors, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to USAL trademarks.  USAL reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties.

1. Rules of Proper Trademark Use

   1. Use of USAL Trademarks as Adjectives, Never as Nouns
      Please follow every USAL trademark with an appropriate noun consisting of the USAL product or service that is branded with the mark.  USAL trademarks are adjectives and may not be used as nouns, or alone as a shorthand way of identifying a product or service.  The USAL trademark should be used as an adjective describing a product or service of USAL.

   2. No Possessives, Plurals, Verbs or Puns
      USAL works hard to build customer goodwill, and it uses its trademarks to harness that goodwill.  Please use the marks as they are designed and intended.  Since a trademark is not a noun, it must never be used in possessive or plural forms, and should never be used as a verb or a pun.

   3. Proper Trademark Attribution: Symbols and Legends
      Trademark ownership is attributed in two ways, with the use of a trademark symbol (™ or ®) after the following trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright notice.  Remember, mere inclusion of a trademark symbol and legend does not entitle you to use a USAL trademark. 

      1. Trademark Symbols:
         Assuming you are permitted to use a USAL trademark, please make sure to attribute the mark with the proper symbol.  Always use the ™ symbol immediately after the trademark.  Trademark symbols should be used on USAL trademarks as follows:

         1. On products, product labels, and packaging, use an appropriate symbol in each prominent use of the trademark.

         2. In every other context, use an appropriate symbol in both the first prominent use of the trademark (in headlines, banners, etc.) and in the first use in the text of the body copy.

         3. Always use the appropriate symbol incorporated into any of USAL’s logos.

      2. Trademark Legends:
         The trademark legend is the legal text that identifies USAL’s trademarks.  The legend should be printed in legible type and in a location typically used for copyright and other legal notices.  For example, the legend may be printed at the end of a document, on the back of a package, on the front cover of documentation, or on the bottom of a web page.
         
         Unless you have an agreement with USAL that indicates otherwise, use the USAL legend in any material referencing any USAL trademark.   Please note that third party licensees will often be legally obligated by license to use a USAL trademark legend that also indicates that the USAL trademarks are used under license.
         
         USAL LEGEND:
         
         “USAL, USAL Finish First, the USAL logo [insert all other USAL trademarks, logos, product names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of USA Laboratories, Inc. in the United States and other countries.”

   4. Use of USAL Logos

      1. General Rule: Do not assume you are permitted to use USAL logos.
         Except as specifically provided by license or other agreement with USAL, third parties may not use any USAL logo for any purpose.  Even when accurately describing a relationship with USAL or support of USAL’s technology, third parties should not use a USAL logo in the absence of an agreement. 

      2. No Re-Logoing, Co-Logoing or Logo Removal
         Resellers of USAL products may never alter or modify the USAL corporate logo or USAL trademarks that are affixed to or appear on the USAL products they resell.  Similarly, re-logoing (replacing a USAL trademark with the reseller’s logo or mark) and co-logoing (adding the reseller’s logo or mark to the USAL product) are not permitted in the absence of a written agreement with USAL.

   5. Use of USAL Trade Dress by Third Parties Prohibited
      Third parties generally are prohibited from using USAL trade dress for their own products, including any of the distinctive ornamental features of USAL products and packaging.  Any such use must be approved by USAL Legal.
      
      

2. Use of USAL Trademarks with Non-USAL Goods or Services or with unauthorized use of USAL Trademarks
   Only certain, approved uses of a USAL trademarks may be made by USAL business allies, licensees, and other third parties.  In addition to the other provisions set forth in these Usage Requirements, the following rules apply to any use of a USAL trademark logo in association with a third party product or service. 

   1. No Use of USAL Marks in Non-USAL Company, Product, or Service Names.
      Unless a third party enters into a written agreement with USAL, third parties generally may not use any USAL trademark, as or part of their company or product names.

   2. Do Not Adopt Any Marks or Names That Are Confusingly Similar to a USAL Trademark
      Unauthorized use of USAL trademarks or of marks that are confusingly similar to USAL trademarks may constitute an infringement of USAL’s trademark rights.

   3. Do Not Attempt to Claim Rights in USAL Trademarks. 
      Third parties may not state or suggest that they have, or are claiming rights, in any USAL trademark.

   4. Make the Source Clear. 
      When third parties use USAL trademarks, they must do so in a manner that does not create potential confusion over the source of any products or services.  Customers must not be given the impression that USAL is the source or has approved of the use of the trademarks in connection with publications, products, services, trade shows, conferences, or expos.

   5. Permitted Descriptive Use of the USAL Trademarks on Web Sites and Domain Names
      Third parties are permitted to use USAL trademarks on web sites or in domain names as long as:

      1. The content of the website meets all of these Usage Requirements;

      2. The use of the domain name is not misleading or likely to cause confusion; and

      3. The use meets the following additional standards:

         1. The principal or secondary level domain name of the third party should not be identical or virtually identical to any USAL trademark, since this is likely to cause customer confusion or imply that the web site is affiliated with or sponsored by USAL.

         2. The web site owner should not use a USAL trademark in his or her company name, product names, or service names.  Thus, if the domain contains a USAL trademark, that domain should not also be a company or product name.

         3. The web site owner should not register the domain name as a trademark or service mark and should not claim any trademark or similar proprietary rights in the domain name.

         4. The web site should display a legal notice that contains the following legend
            
            “USAL, USAL Finish First, the USAL logo [insert all other USAL trademarks, logos, product names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of USA Laboratories, Inc. in the United States and other countries.”

3. How to reach USAL’s Marketing & Brands Legal Department
   
   USA Laboratories, Inc.
   Legal Department
   P.O. 158
   Dickson, TN 37056-0158 USA

 PRICES

DUE TO MARKET FLUCTUATIONS, PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.