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Terms & Conditions

Purchases of Goods

Orders: Quantities of the goods to be shipped by Marathon LS to Customer shall be confirmed to Customer after receipt of a purchase order from Customer and shall be shipped to Customer in accordance with the terms of this Agreement and the terms of Customer’s purchase order that pertain to quantities and types of goods ordered and delivery dates and locations, unless otherwise agreed by the parties.

Shipments: Shipment dates are based upon Marathon LS’s best judgment and are subject to factory schedules and production limitations, and hence are not guaranteed.

Delivery in Installments: Marathon LS reserves the right to make delivery in installments, unless otherwise expressly stipulated herein. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Customer of its obligation to accept remaining deliveries.

Risk of Loss: All shipments will be F.O.B. destination. Risk of loss of or damage to the goods passes to Customer upon delivery. Title remains with Marathon LS until Marathon LS receives payment for the goods.

Delays: Marathon LS shall not be liable for delays in performance caused by force majeure, act of God, fire or other casualty, accident, strike, boycotts, shortage of labor or materials, governmental action or other cause beyond Marathon LS’s reasonable control; and the time for Marathon LS’s performance shall be extended by the period of any such delay. Marathon LS reserves the right to apportion goods among its customers as it may determine.

Inspection; Claims: Customer shall examine the delivered goods upon receipt and shall notify Marathon LS, in writing, of any non-conforming goods within fifteen (15) days of receipt thereof at destination. Failure to timely give such notice shall constitute an irrevocable acceptance of the goods. No claims, of any kind, by Customer shall be valid without notice, as specified. Customer shall afford Marathon LS a reasonable opportunity to inspect the goods and repair or replace any goods determined by Marathon LS to be non-conforming. No goods shall be returned without Marathon LS’s consent.

Remedy for Non-Conforming Goods: If the goods furnished to Customer are damaged or defective or otherwise non-conforming and Customer has timely provided the notice and inspection opportunity above described, then Marathon LS, at its discretion, shall, within thirty (30) days of notice of said non-conformity, issue credit for or shall replace such non-conforming goods at the original point of delivery and shall furnish instructions for the disposition of the non-conforming goods. Any transportation charges involved in such disposition shall be for Marathon LS’s account. Customer’s exclusive and sole remedy on account of or in respect to the furnishing of non-conforming goods shall be to secure credit or replacement thereof as aforesaid. Marathon LS shall not, in any event, be liable for any special, direct, indirect, incidental or consequential damages to anyone by reason of the fact that such goods are non-conforming as determined by Marathon LS or as to any express or implied warranty herein.

Return Policy:

  • Applies to Marathon LS supplied general consumables only; chemicals and media, buffers, serums and reagents (whether standard or custom) and consumables and other goods not supplied by Marathon LS are not returnable. Returns of products purchased by, but not supplied by, Marathon LS are subject to the return policies of their respective suppliers. Canisters are returnable only as set forth in “Special Terms Applicable to Canisters” below.
  • Customer must contact Marathon LS about requests for return within 45 days of receiving item(s)
  • Customer must ship item(s) within five (5) business days of speaking with customer service
  • Marathon LS will only accept returned items that are undamaged with unopened products
  • Marathon LS consumable returns will incur a 20% restocking fee
  • Items must be received in sellable condition. Upon inspection, Marathon LS reserves the right to reject the return due to damage. Evidence of damage will be provided to the Customer and disposition of materials will be required within five (5) business days. Should an item be deemed unsaleable, it is the responsibility of the Customer to file a claim with the carrier
  • Customer is responsible for return freight cost
  • Disputes may be filed if any item is deemed unsaleable (would provide proof of disposal, reason for rejection, etc.); no refund will be issued
  • Returns will not be accepted for consumables or other products that were ordered offsite of the Pacer program
  • If product is deemed defective, Marathon LS will assume responsibility for the return and/or replacement of the product

Responsible Care:Both parties agree to handle, store, transport, and dispose of the goods in reasonable manner with appropriate regard for the safety of their employees and the general public, and agree to comply with all applicable environmental, transportation and safety regulations.

PRICES AND PAYMENT

Prices and Terms: Prices, terms and availability of goods are subject to change without notice, including but not limited to changes caused by the fluctuations in market price, availability or quality of any of the items employed in the manufacture of the goods described herein. Payment hereunder shall be due net thirty (30) days from the date of shipment. All amounts past due shall bear interest at the rate equal to the lower of (a) 1.5% per month or (b) the maximum rate allowable by applicable law. MarathonLS’s obligation to produce or deliver hereunder is conditioned upon the continued good credit of Customer and upon Customer’s payment when due of any sums owing by Customer to MarathonLS. Based on MarathonLS’ reasonable judgment, if Customer’s financial condition at the time the goods are ready for shipment does not justify the terms specified, MarathonLS reserves the right to change these terms, to require full or partial payment in advance, or to cancel pending order(s).

Taxes: Any taxes or other government levy or charge (or any increase in same) which Marathon LS may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the goods, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of Customer and may, at Marathon LS’s option, be added to the price of the goods shipped hereunder.

Credit Card Payments: Credit card payments on invoices will incur a 3.5% processing fee.

LIMITED WARRANTY, LIMITATIONS OF LIABILITY, INDEMNITY

Limited Warranty: EXCEPT AS SPECIFICALLY SET FORTH IN A SEPARATE WRITTEN WARRANTY PROVIDED BY MARATHON LS WITH RESPECT TO A SPECIFIC PRODUCT, IF ANY, MARATHON LS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No agent, employee, or representative of Marathon LS has any authority to bind Marathon LS to any affirmation, representation or warranty concerning the goods sold pursuant to the terms hereof, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included herein, it is not deemed part of the basis of this bargain and shall not in any way be enforceable.

Liability: Except to the extent that such is solely and directly caused by Marathon LS’s breach of its obligations hereunder, Customer assumes all liability arising out of compliance with any laws, rules or regulations relating to any goods or container(s) therefor. In no event shall Marathon LS be liable for incidental, consequential or other damages from alleged negligence, breach of warranty, strict liability or any other theory, whether arising from the use or handling of the goods or however and whenever otherwise caused, including, without limitation, loss of sales, revenue or profit. The sole liability, if any, of Marathon LS for any claims arising out of the manufacture, use or sale of its goods shall be for the return of Customer’s purchase price. In accepting the goods described herein, Customer shall be deemed to have declared itself familiar with the nature, hazards and use of the goods and their containers and shall assume all liability resulting from or in any way connected with the unloading, discharge, storage, handling, possession, use and disposal of any goods or container(s) therefor including, without limitation, the use of such goods or container(s) alone or in combination with other substances, except to the extent that such liability results from Marathon LS’s gross negligence or willful misconduct.

Indemnification: Customer shall defend, indemnify and hold Marathon LS and its officers, directors, employees and agents harmless from and against any and all claims, actions, liability, expenses, costs (including, without limitation, reasonable attorneys’ fees), or losses arising from (i) Customer’s improper use or handling of the goods; (ii) Customer’s combination or use of the goods with third party goods or products; (iii) misuse of any goods by an end user; (iv) the acts or omissions of Customer hereunder; and (v) any breach by Customer of its obligations hereunder. This Section shall survive termination of this Agreement.

Full Coverage Services

DESCRIPTION: Full Coverage consists of one on-site preventive maintenance and calibration (“PM”) visit per instrument or equipment item as listed in the Quote or Proposal delivered to Customer, at Customer’s “ship to” address as listed in the Quote or Proposal delivered to Customer, during the Coverage period starting on the Contract Start Date. All travel, labor, parts and expenses are included. Customer will provide Marathon LS the make, model and serial number of each instrument or equipment item that is the subject of the service call prior to scheduling.

EXCLUDED SERVICES: Marathon LS is not obligated to provide services and is not responsible for:

  • Damage to listed instruments or equipment or repetitive service calls resulting from:
    • Fire, explosion, flood, or other accident or natural or man-made disaster (including, but not limited to, water, wind and lightning), vandalism or burglary,
    • Neglect, misuse or abuse of the instrument or equipment, including, but not limited to, its use for purposes other than for which it was designed,
    • Use of parts, supply items, accessories, reagents, or unauthorized modifications not manufactured or sold by Marathon LS,
    • Alterations, including, but not limited to, any deviation from the manufacturer’s design,
    • Maintenance or repair by persons other than personnel authorized by Marathon LS, unless such maintenance or repair by others is performed with the written consent of Marathon LS,
    • Failure to continually provide a suitable environment prescribed by the equipment manufacturer, including, but not limited to, adequate space, electrical power, air conditioning and humidity control,
    • The use of contaminated fluids or chemicals or other supplies or consumables not intended for use in or with the instrument or equipment, or other use, failure to use or inadequate use of supplies or consumables,
    • Attachments, including, but not limited to, any interconnection to the instrument or equipment of non-OEM products or devices not under Marathon preventive maintenance,
    • Model conversions, including, but not limited to, upgrades and downgrades between models and instrument or equipment types, or installation or removal of an equipment feature whenever any of these activities was performed by other than Marathon,
    • The transportation, moving, relocation, de-installation or re-installation of the instrument or equipment, or
    • Decontamination or sterilization of equipment.
  • Uninterruptible power systems or line conditioners.
  • Laboratory Information Systems (“LIS”) consultation or troubleshooting.
  • Gravimetric and Colormetric tests.
  • Repairs required in reconditioning or altering the instrument or equipment.
  • Modifications to the configuration of the instrument or equipment.
  • Supply of consumable items.
  • Repair/maintenance of any Personal Computer or device used to control the instrument or equipment.
  • Application programming and support.
  • Proprietary software errors or updates.
  • Recovery of electronic data or the reconstruction of Customer’s data files, regardless of cause.
  • Damage or failures to perform due to causes beyond its control.
  • End user error.
  • Instruments or equipment not listed on the Quote or Proposal.

AVAILABILITY: Customer must make the listed instruments and equipment available for servicing at the time of its scheduled preventive maintenance or emergency service call. Customer must provide network connection to access the Internet and maintains responsibility for Internet service and security.

OWNERSHIP OF PARTS: All replaced parts will become the property of Customer. Service probes remain the property of Marathon LS.

WORKER’S COMPENSATION: Marathon LS agrees to maintain Worker’s Compensation insurance as may be required by law.

FEES AND CHARGES

PRICES AND PAYMENT: All prices set forth in the Quote or Proposal include the cost of labor, travel, expenses and parts. Payment terms are net 30 date of invoice.

PRORATION SCHEDULE: If Customer cancels Full Coverage before the 12 month period ends, Customer is responsible for a 25% cancellation charge, which will be deducted from any amounts paid. Marathon LS will then refund to Customer the pro-rated balance of the total Full Coverage price paid over the term then remaining, (a) to a maximum of 75% of the total Full Coverage Price, or (b) to a maximum of 50% of the total Full Coverage price paid if the PM visit has been completed. If Marathon LS cancels Full Coverage before the 12 month period ends, Marathon LS will refund to Customer the pro-rated balance of the total Full Coverage price over the term then remaining.

OTHER TERMS

DISCLAIMERS, INDEMNITY, LIMITATIONS: Marathon LS warrants that the services to be performed hereunder shall conform to its standards for a period of 12 months after the date of service (6 months for instruments and equipment manufactured prior to 2015 (the “Warranty Period”) and that to the extent it receives a transferable manufacturer’s warranty to any parts provided in connection with these services it will transfer same to Customer. THIS WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IS THE ONLY WARRANTY GIVEN BY MARATHON LS. Claims for warranty service must be made within the Warranty Period. Customer agrees that there are no undertakings, agreements, or representations expressed or implied, not specified in these Terms and Conditions. Marathon LS’s sole liability under the foregoing warranty is to re-service the instrument(s) or equipment and/or repair or replace the defective part or, at its option, return of the sum paid for such services. In no event, however, will Marathon LS be liable for any indirect, incidental, or consequential damages, including without limitation damages for lost profits, lost sales, loss of use of any instrument or equipment, loss of goodwill or business interruption, or will Marathon LS’s aggregate liability exceed the amounts paid in respect of the services provided that are the subject of the claim.

TERM AND TERMINATION: This Full Coverage service will be in effect for 12 months beginning on the Contract Start Date listed in the Quote or Proposal and after Marathon LS has satisfactorily concluded its site inspection. Either party may cancel this Full Coverage service on thirty (30) days’ written notice.

GOVERNING LAW: This Agreement is entered into and will be governed and construed by the laws of The Commonwealth of Massachusetts, without reference to its conflicts of law provisions.

SUCCESSORS AND ASSIGNS: Customer may not assign any of its rights or obligations hereunder without the express written consent of Marathon LS.

ENTIRE AGREEMENT: These Terms and Conditions, together with and as incorporated within the Quote or Proposal, constitute the entire agreement between Marathon LS and Customer, with no undertakings, agreements, understandings, warranties, or representations not contained therein, and supersede any additional or conflicting terms or conditions of Customer’s purchase order or other ordering or commercial documents, all of which are hereby rejected. Marathon LS may update or amend these Terms and Conditions at any time and from time to time.

Decontamination Service

DESCRIPTION: Decontamination Service consists of one on-site visit per location for the identified rooms or areas to be serviced as listed in the Quote, Proposal or Order Acknowledgement delivered to Customer starting on the Service Start Date. Decontamination Service is performed by Marathons LS using the TOMI Environmental Solutions SteraMist® equipment. All travel, labor, and expenses are included. Validation Service is an add-on service provided by Marathon LS through partnership with TOMI Environmental Solutions and must be specified in the Quote, Proposal or Order Acknowledgement.

Decontamination Service is provided during Marathon LS’s business hours only; to request next-day on-site service Customer must submit its request for service before 3 p.m. local time. All scheduling is subject to Marathon LS’s staff availability; appointment cancellation requires 48 hours’ prior notice to avoid cancellation charges. Cancellation charges are 25% of the fee(s) shown in the Quote, Proposal or Order Acknowledgement.

CUSTOMER OBLIGATIONS:

  • Prior to performance of the Decontamination Services, on a schedule prescribed by Marathon LS, Customer shall at its sole cost and expense prepare the rooms or areas designated for decontamination in accordance with Marathon LS’s instructions, including the following:
    • Customer shall thoroughly clean all surfaces to be disinfected. Surfaces must be dry prior to beginning the Decontamination Service.
    • Customer shall remove any and all materials, instruments, equipment, devices, and other items that Customer wishes to absent from, or that may be damaged by, the Decontamination Service. Items that are to remain in the rooms or areas to be serviced, when possible, should be placed on wire racks for maximum exposure to the Decontamination Service and to leave other surfaces exposed to the Decontamination Service.
    • Customer shall ensure that any surfaces that have been painted, sealed, refinished, or otherwise resurfaced have had adequate time to fully cure (according to manufacturer specifications) prior to the performance of the Decontamination Service.
    • Customer shall open and leave open all doors, interlocking doors, drawers, cabinet doors, and other compartments and storage units and areas to expose the rooms and areas and their interiors to the Decontamination Service. Marathon LS technicians will not open any closed doors, drawers, or other storage units or areas.
    • Customer shall disable optical smoke detectors – THIS MUST BE DONE IMMEDIATELY PRIOR TO THE START OF THE DECONTAIMINATION SERVICE.
    • Customer shall disable all HVAC systems and units (supply and exhaust) to eliminate air movement – THIS MUST BE DONE IMMEDIATELY PRIOR TO THE START OF THE DECONTAMINATION SERVICE.
  • At the commencement of the Decontamination Service Customer will at its sole cost and expense provide the following:
    • Access to the facility (weekends and holidays, if necessary).
    • Staff for building operations, access, communication, and other tasks necessary to provide the Decontamination Service.
    • Sufficient and grounded electricity source in all rooms and areas designated for service.
    • If site-specific gowning and PPE requirements exist at the location, then Customer will provide such PPE in quantities and sizes necessary for multiple gowned entries into treatment areas.
    • Access and personnel required for Customer’s shipping/receiving facilities and/or loading dock for Marathon LS’s Decontamination Services materials and equipment if required.

THE DECONTAMINATION SERVICE: Marathon’s performance of the Decontamination Service includes:

  • Trained technicians.
  • SteraMist equipment.
  • BIT™ Solution.
  • Biological Indicators (“BI”) and/or Enzyme Indicators (“EI”), and related equipment, if specified in the Quote, Proposal or Order Acknowledgement.
  • All necessary miscellaneous materials and equipment.
  • Non site-specific PPE – respirator, gloves, long-sleeved pants and shirt, closed shoes.
  • Additional PPE (coveralls, safety shoes, shoe covers) as required by Customer if specified in the Quote, Proposal or Order Acknowledgement.

VALIDATION SERVICE: If specified in the Quote, Proposal or Order Acknowledgement, Marathon LS will engage TOMI to provide validation service in conjunction with the Decontamination Service. Validation service is performed using Biological Indicators (“BI”) and/or Enzyme Indicators (“EI”), which will be provided by Marathon LS. Pricing for the validation service is based on the services requested by Customer, and by the quantity and type of indicators requested. Incubation and monitoring of “BI” shall be done by TOMI at its Maryland location, unless Customer makes other arrangements. Preliminary results of “BI” incubation will be communicated to Customer after 48 hours of incubation. Final “BI” results will be communicated to Customer in a written final report after conclusion of a 7-day incubation period. “EI” allow for immediate results at the conclusion of the Decontamination Service. If “EI” are used for validation they will normally be processed at the Customer location.

EXCLUSIONS: Marathon LS is not obligated to provide Decontamination Services or validation services for rooms or areas that are not specified in the Quote, Proposal or Order Acknowledgement. Marathon LS is not responsible for damage to materials, instruments, equipment, devices, and other items that Customer knew or should have known would be damaged by the Decontamination Service. Terms based on validation or testing methods other than Biological Indicators (“BI”) or Enzyme Indicators (“EI”) must be agreed upon by Marathon LS and Customer and specified in the Quote, Proposal or Order Acknowledgement.

WORKER’S COMPENSATION: Marathon LS agrees to maintain Worker’s Compensation insurance as may be required by law.

FEES AND CHARGES

PRICES AND PAYMENT: All prices set forth in the Quote, Proposal or Order Acknowledgement include the cost of labor, travel, and expenses. Payment terms are net 30 from date of service.

OTHER TERMS

LIMITED WARRANTY, DISCLAIMERS, LIMITATIONS: Marathon LS warrants for a period of two (2)weeks after final reporting of results (the “Warranty Period”) that the serviced room or area will experience a failure rate for BI or EI of 10% or less. Excluded from this warranty are claims arising from

  • Customer’s failure to perform the obligations of Customer listed above,
  • Customer’s breaches of containment prior to the collection of the indicators,
  • Customer’s misrepresentation of the location, the facility, the rooms or areas, or their design, or
  • Other errors or omissions of Customer or its agents, contractors, and employees.

THIS WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IS THE ONLY WARRANTY GIVEN BY MARATHON LS. Claims for repeat warranty service must be made during the Warranty Period and verified by a Marathon LS field service engineer for coverage to apply. Customer agrees that there are no undertakings, agreements, or representations expressed or implied, not specified in these Terms and Conditions. Marathon LS’s sole liability under the foregoing warranty is to reperform the Decontamination Service for the serviced room or area at no charge to Customer or, at Marathon LS’s option, return of the sum paid for such services. In no event, however, will Marathon LS be liable for any indirect, incidental, or consequential damages, including without limitation damages for lost profits, lost sales, loss of use of any instrument or equipment, loss of goodwill or business interruption, or will Marathon LS’s aggregate liability exceed the amounts paid in respect of the services provided that are the subject of the claim. Marathon LS will make every effort to expedite scheduling of the repeat service.

GOVERNING LAW: This Agreement is entered into and will be governed and construed by the laws of The Commonwealth of Massachusetts, without reference to its conflicts of law provisions.

SUCCESSORS AND ASSIGNS: Customer may not assign any of its rights or obligations hereunder without the express written consent of Marathon LS.

ENTIRE AGREEMENT: These Terms and Conditions, together with and as incorporated within the Quote, Proposal or Order Acknowledgement, constitute the entire agreement between Marathon LS and Customer, with no undertakings, agreements, understandings, warranties, or representations not contained therein, and supersede any additional or conflicting terms or conditions of Customer’s purchase order or other ordering or commercial documents, all of which are hereby rejected. Marathon LS may update or amend these Terms and Conditions at any time and from time to time.

Preventive Maintenance / Calibration Services

DESCRIPTION: Preventive Maintenance consists of one on-site preventive maintenance (“PM”) or calibration visit per instrument or equipment item as listed in the Quote or Proposal delivered to Customer, at Customer’s “ship to” address as listed in the Quote or Proposal delivered to Customer, starting on the Contract Start Date. Charges for parts and for all other services that are not Excluded Services are not included. Such services may be provided as emergency services on-site or remotely and will be invoiced separately at the prevailing rates for travel, expenses, and labor. Services are provided during Marathon LS’s business hours only; to request same day on-site service Customer must submit its request for service before 3 p.m. local time. All scheduling is subject to Marathon LS’s staff availability; appointment cancellation requires 48 hours’ prior notice to avoid cancellation charges. Cancellation charges are 25% of the fee(s) shown in the Quote or Proposal. Customer will provide Marathon LS at the time of scheduling the make, model and serial number of each instrument or equipment item that is the subject of the service call.

EXCLUSIONS: Marathon LS is not obligated to provide parts or services and is not responsible for:

  • Damage to listed instruments or equipment or repetitive service calls resulting from:
    • Fire, explosion, flood, or other accident or natural or man-made disaster (including, but not limited to, water, wind and lightning), vandalism or burglary,
    • Neglect, misuse or abuse of the instrument or equipment, including, but not limited to, its use for purposes other than for which it was designed,
    • Use of parts, supply items, accessories, reagents, or unauthorized modifications not manufactured or sold by Marathon LS,
    • Alterations, including, but not limited to, any deviation from the manufacturer’s design,
    • Maintenance or repair by persons other than personnel authorized by Marathon LS, unless such maintenance or repair by others is performed with the written consent of Marathon LS,
    • Failure to continually provide a suitable environment prescribed by the equipment manufacturer, including, but not limited to, adequate space, electrical power, air conditioning and humidity control,
    • The use of contaminated fluids or chemicals or other supplies or consumables not intended for use in or with the instrument or equipment, or other use, failure to use or inadequate use of supplies or consumables,
    • Attachments, including, but not limited to, any interconnection to the instrument or equipment of non-OEM products or devices not under Marathon preventive maintenance,
    • Model conversions, including, but not limited to, upgrades and downgrades between models and instrument or equipment types, or installation or removal of an equipment feature whenever any of these activities was performed by other than Marathon,
    • The transportation, moving, relocation, de-installation or re-installation of the instrument or equipment, or
    • Decontamination or sterilization of equipment.
  • Uninterruptible power systems or line conditioners.
  • Laboratory Information Systems (“LIS”) consultation or troubleshooting.
  • Gravimetric and Colormetric tests.
  • Repairs required in reconditioning or altering the instrument or equipment.
  • Modifications to the configuration of the instrument or equipment.
  • Supply of consumable items.
  • Repair/maintenance of any Personal Computer or device used to control the instrument or equipment.
  • Application programming and support.
  • Proprietary software errors or updates.
  • Recovery of electronic data or the reconstruction of Customer’s data files, regardless of cause.
  • Damage or failures to perform due to causes beyond its control.
  • End user error.
  • Instruments or equipment not listed on the Quote or Proposal.

AVAILABILITY: Customer must make the listed instruments and equipment available for servicing at the time of its scheduled or emergency PM or calibration service call. Customer must provide network connection to access the Internet and maintains responsibility for Internet service and security.

OWNERSHIP OF PARTS: All replaced parts will become the property of Customer. Service probes remain the property of Marathon LS.

WORKER’S COMPENSATION: Marathon LS agrees to maintain Worker’s Compensation insurance as may be required by law.

FEES AND CHARGES

PRICES AND PAYMENT: All prices set forth in the Quote or Proposal include the cost of labor, travel, and expenses. Parts are charged separately. Payment terms are net 30 from date of service.

CANCELLATION FEE: 25% of price set forth in the Quote or Proposal.

OTHER TERMS

DISCLAIMERS, INDEMNITY, LIMITATIONS: Marathon LS warrants that the services to be performed hereunder shall conform to its standards for a period of 90 days after the date of service (30 days for calibration) (the “Warranty Period”) and that to the extent it receives a transferable manufacturer’s warranty to any parts provided in connection with these services it will transfer same to Customer. THIS WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IS THE ONLY WARRANTY GIVEN BY MARATHON LS. Claims for warranty service must be made during the Warranty Period. Customer agrees that there are no undertakings, agreements, or representations expressed or implied, not specified in these Terms and Conditions. Marathon LS’s sole liability under the foregoing warranty is to re-service the instrument(s) or equipment and/or repair or replace the defective part or, at its option, return of the sum paid for such services. In no event will Marathon LS be liable for any indirect, incidental, or consequential damages, including without limitation damages for lost profits, lost sales, loss of use of any instrument or equipment, loss of goodwill or business interruption, or will Marathon LS’s aggregate liability exceed the amounts paid in respect of the services provided that are the subject of the claim.

TERM AND TERMINATION: This Preventive Maintenance service will be performed within 12 months of the Full Coverage Service Contract Start Date listed in the Quote or Proposal and after Marathon LS has satisfactorily concluded its site inspection. If the instrument or equipment is not under Full Coverage Service Contract, Preventive Maintenance service will be scheduled in coordination with Customer. Either party may cancel this Preventive Maintenance service on thirty (30) days’ written notice.

GOVERNING LAW: This Agreement is entered into and will be governed and construed by the laws of The Commonwealth of Massachusetts, without reference to its conflicts of law provisions.

SUCCESSORS AND ASSIGNS: Customer may not assign any of its rights or obligations hereunder without the express written consent of Marathon LS.

ENTIRE AGREEMENT: These Terms and Conditions, together with and as incorporated within the Quote or Proposal, constitute the entire agreement between Marathon LS and Customer, with no undertakings, agreements, understandings, warranties, or representations not contained therein, and supersede any additional or conflicting terms or conditions of Customer’s purchase order or other ordering or commercial documents, all of which are hereby rejected. Marathon LS may update or amend these Terms and Conditions at any time and from time to time.

Relocation Services

DESCRIPTION: Relocation services consist of one visit per instrument or equipment item as listed in the Quote, Proposal or Order Acknowledgement delivered to Customer, at Customer’s “ship to” address as listed thereon, and consist of deinstallation from the existing location and installation at the new location. Charges for parts and for all other services are not included. Such services may be provided as scheduled or emergency services on-site or remotely and will be invoiced separately at the prevailing rates for travel, expenses, and labor. Services are provided during Marathon LS’s business hours only; to request next-day on-site service Customer must submit its request for service before 3 p.m. local time. All scheduling is subject to Marathon LS’s staff availability; appointment cancellation requires 48 hours’ prior notice to avoid cancellation charges. Cancellation charges are 25% of the fee(s) shown in the Quote, Proposal or Order Acknowledgement. Customer will provide Marathon LS at the time of scheduling the make, model and serial number of each instrument or equipment item that is the subject of the service call.

EXCLUSIONS: Relocation services do not include:

  • Packing, transporting, shipping or unpacking of the instrument or equipment or any consumables.
  • Alterations, including, but not limited to, any deviation from the manufacturer’s design.
  • Repair of attachments, including, but not limited to, any interconnection to the instrument or equipment of non-OEM products or devices not under Marathon service agreement.
  • Model conversions, including, but not limited to, upgrades and downgrades between models and instrument or equipment types, or installation or removal of an equipment feature.
  • Calibration, maintenance or repair of the instrument or equipment.
  • Decontamination or sterilization of equipment.
  • Laboratory Information Systems (“LIS”) consultation or troubleshooting.
  • Gravimetric and Colormetric tests.
  • Repairs required in reconditioning or altering the instrument or equipment.
  • Modifications to the configuration of the instrument or equipment.
  • Supply of consumable items.
  • Repair/maintenance of any Personal Computer or device used to control the instrument or equipment.
  • Application programming and support.
  • Proprietary software errors or updates.
  • Recovery of electronic data or the reconstruction of Customer’s data files, regardless of cause.
  • Instruments or equipment not listed on the Quote, Proposal or Order Acknowledgement.

AVAILABILITY: Customer must make the listed instruments and equipment available for servicing at the time of its scheduled or emergency service call. Customer must provide network connection to access the Internet and maintains responsibility for Internet service and security.

OWNERSHIP OF PARTS: All replaced parts will become the property of Customer. Service probes remain the property of Marathon LS.

WORKER’S COMPENSATION: Marathon LS agrees to maintain Worker’s Compensation insurance as may be required by law.

FEES AND CHARGES

PRICES AND PAYMENT: All prices set forth in the Quote or Proposal include the cost of labor, travel, and expenses only. Payment terms are net 30 from date of service.

OTHER TERMS

DISCLAIMERS, INDEMNITY, LIMITATIONS: Marathon LS warrants that the services to be performed hereunder shall conform to its standards for a period of 90 days after the date of service (the “Warranty Period”) and that to the extent it receives a transferable manufacturer’s warranty to any parts provided in connection with these services it will transfer same to Customer. Excluded from this warranty are claims arising from Customer neglect, misuse, or abuse of the instrument or equipment, repairs or other service to the instrument or equipment performed by others, and any loss or damage to the instrument or equipment not caused by Marathon LS. THIS WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IS THE ONLY WARRANTY GIVEN BY MARATHON LS. Claims for warranty service must be made during the Warranty Period and verified by a Marathon LS field service engineer for coverage to apply. Customer agrees that there are no undertakings, agreements, or representations expressed or implied, not specified in these Terms and Conditions. Marathon LS’s sole liability under the foregoing warranty is to re-service the instrument(s) or equipment and/or repair or replace the defective part or, at its option, return of the sum paid for such services. In no event will Marathon LS be liable for any indirect, incidental, or consequential damages, including without limitation damages for lost profits, lost sales, loss of use of any instrument or equipment, loss of goodwill or business interruption, or will Marathon LS’s aggregate liability exceed the amounts paid in respect of the services provided that are the subject of the claim.

GOVERNING LAW: These Terms and Conditions will be governed and construed by the laws of The Commonwealth of Massachusetts, without reference to its conflicts of law provisions.

SUCCESSORS AND ASSIGNS: Customer may not assign any of its rights or obligations hereunder without the express written consent of Marathon LS.

ENTIRE AGREEMENT: These Terms and Conditions, together with and as incorporated within the Quote, Proposal or Order Acknowledgement, constitute the entire agreement between Marathon LS and Customer, with no undertakings, agreements, understandings, warranties, or representations not contained therein, and supersede any additional or conflicting terms or conditions of Customer’s purchase order or other ordering or commercial documents, all of which are hereby rejected. Marathon LS may update or amend these Terms and Conditions at any time and from time to time.

Repair Services

DESCRIPTION: Repair/fix services consist of one visit per instrument or equipment item as listed in the Quote, Proposal or Order Acknowledgement delivered to Customer, at Customer’s “ship to” address as listed thereon. Charges for parts and for all other services are not included. Such services may be provided as scheduled or emergency services on-site or remotely and will be invoiced separately at the prevailing rates for travel, expenses, and labor. Services are provided during Marathon LS’s business hours only; to request next-day on-site service Customer must submit its request for service before 3 p.m. local time. All scheduling is subject to Marathon LS’s staff availability; appointment cancellation requires 48 hours’ prior notice to avoid cancellation charges. Cancellation charges are 25% of the fee(s) shown in the Quote, Proposal or Order Acknowledgement. Customer will provide Marathon LS at the time of scheduling the make, model and serial number of each instrument or equipment item that is the subject of the service call.

EXCLUSIONS: Repair/fix services do not include:

  • Alterations, including, but not limited to, any deviation from the manufacturer’s design.
  • Repair of attachments, including, but not limited to, any interconnection to the instrument or equipment of non-OEM products or devices not under Marathon service agreement.
  • Model conversions, including, but not limited to, upgrades and downgrades between models and instrument or equipment types, or installation or removal of an equipment feature.
  • The transportation, moving, de-installation or re-installation of the instrument or equipment.
  • Decontamination or sterilization of equipment.
  • Laboratory Information Systems (“LIS”) consultation or troubleshooting.
  • Gravimetric and Colormetric tests.
  • Repairs required in reconditioning or altering the instrument or equipment.
  • Modifications to the configuration of the instrument or equipment.
  • Supply of consumable items.
  • Repair/maintenance of any Personal Computer or device used to control the instrument or equipment.
  • Application programming and support.
  • Proprietary software errors or updates.
  • Recovery of electronic data or the reconstruction of Customer’s data files, regardless of cause.
  • Instruments or equipment not listed on the Quote, Proposal or Order Acknowledgement.

AVAILABILITY: Customer must make the listed instruments and equipment available for servicing at the time of its scheduled or emergency service call. Customer must provide network connection to access the Internet and maintains responsibility for Internet service and security.

OWNERSHIP OF PARTS: All replaced parts will become the property of Customer. Service probes remain the property of Marathon LS.

WORKER’S COMPENSATION: Marathon LS agrees to maintain Worker’s Compensation insurance as may be required by law.

FEES AND CHARGES

PRICES AND PAYMENT: All prices set forth in the Quote or Proposal include the cost of labor, travel, and service parts. Payment terms are net 30 from date of service.

OTHER TERMS

DISCLAIMERS, INDEMNITY, LIMITATIONS: Marathon LS warrants that the services to be performed hereunder, excluding vacuum pump rebuild services, shall conform to its standards for a period of 90 days after the date of service (the “Warranty Period”) and that to the extent it receives a transferable manufacturer’s warranty to any parts provided in connection with these services it will transfer same to Customer. Excluded from this warranty are claims arising from Customer neglect, misuse, or abuse of the instrument or equipment, repairs or other service to the instrument or equipment performed by others, and any loss or damage to the instrument or equipment not caused by Marathon LS. THIS WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IS THE ONLY WARRANTY GIVEN BY MARATHON LS. Claims for warranty service must be made during the Warranty Period and verified by a Marathon LS field service engineer for coverage to apply. Customer agrees that there are no undertakings, agreements, or representations expressed or implied, not specified in these Terms and Conditions. Marathon LS’s sole liability under the foregoing warranty is to re-service the instrument(s) or equipment and/or repair or replace the defective part or, at its option, return of the sum paid for such services. In no event will Marathon LS be liable for any indirect, incidental, or consequential damages, including without limitation damages for lost profits, lost sales, loss of use of any instrument or equipment, loss of goodwill or business interruption, or will Marathon LS’s aggregate liability exceed the amounts paid in respect of the services provided that are the subject of the claim.

GOVERNING LAW: These Terms and Conditions will be governed and construed by the laws of The Commonwealth of Massachusetts, without reference to its conflicts of law provisions.

SUCCESSORS AND ASSIGNS: Customer may not assign any of its rights or obligations hereunder without the express written consent of Marathon LS.

ENTIRE AGREEMENT: These Terms and Conditions, together with and as incorporated within the Quote, Proposal or Order Acknowledgement, constitute the entire agreement between Marathon LS and Customer, with no undertakings, agreements, understandings, warranties, or representations not contained therein, and supersede any additional or conflicting terms or conditions of Customer’s purchase order or other ordering or commercial documents, all of which are hereby rejected. Marathon LS may update or amend these Terms and Conditions at any time and from time to time.

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