All services provided by PureVita Labs LLC (“PureVita Labs”) are subject to the terms and conditions of this Standard Terms & Conditions (this “Agreement”). Our client (“Client”) understands and agrees that submission of a Workorder Request Form (“WRF”) or Purchase Order, to PureVita Labs constitutes acceptance of the terms and conditions referenced in this Agreement. To the extent that any Client order contains any terms or conditions that vary from the terms of this Agreement, all such additional or varying terms and conditions shall be of no force or effect and shall not be part of this Agreement, even if PureVita Labs performs the service requested.
ACKNOWLEDGEMENT OF ILLEGALITY: PureVita Labs LLC expressly acknowledges that our testing services of “Medical Marijuana” are contrary to the Federal Controlled Substances Act, and for these reasons our testing of these specific materials “Medical Marijuana” must remain strictly within the State of Rhode Island and is governed by the regulations created under 216-RICR-60-05-6. PureVita Labs LLC hereby waives an illegality defense under Federal Law, as we will not be able to claim such a defense in the future.
APPLICABLE LAW: Rhode Island Department of Health has been given rulemaking authority for Medical Marijuana Testing Laboratories, and the regulation defining the scope of these rules is 216-RICR-60-05-6 in the Rhode Island Administrative record. PureVita Labs LLC is monitoring this rulemaking process and intends to comply with all regulations as soon as they are enforced.
INDEPENDENT CONSIDERATION: PureVita Labs LLC may test samples that are not “Medical Marijuana” and are therefore not subject to the Illegality and regulatory oversight described above. On-demand testing results cannot be used for regulatory labeling of product. If Client is requesting PureVita Labs’ services for the purpose of internal controls and operations management, PureVita Labs’ sampling process will occur according to best methodology for the specific testing requested by Client and it may vary in terms of minimum weight of the aggregate sample required to achieve statistical validity, based on underlying heterogeneity of the product/batch being tested.
DATA AGGREGATION AND ANALYSIS: PureVita Labs, in addition to laboratory testing services, also performs business services pertaining to industry and consumer data aggregation and analysis. PureVita Labs reserves the right to utilize client product data for the purpose of general data aggregation, storage, and analysis. Clients have no right to financial compensation in exchange for PureVita Labs’ right to access this data or any rights to any portion of financial proceeds that result from PureVita Labs’ analysis and utilization of data/results in association with requested consultant services to the industry. Pursuant to this Agreement, PureVita Labs agrees to maintain the confidentiality and anonymity of client data (unless expressly indicated by the Client) by storing and processing data in encrypted format by unique product identifier, rather than by product name or other generally recognizable information.
SAMPLE COLLECTION: A certified field analyst, employed by PureVita Labs will travel to client cultivation site or marijuana finished product production facility as required by Rhode Island State regulation 216-RICR-60-05-6 to perform all sampling procedures in accordance with state regulations specified in Section 6.17 and proprietary sampling methodology owned by PureVita Labs. Under regulatory law in the State of Rhode Island, all samples acquired for the purpose of regulatory testing and final retail product labeling must be acquired on-site by independent third party analytical testing lab staff from production batches in their final form. Batch samples collected by cultivator or marijuana finished product manufacturer may NOT be used for regulatory testing and labeling purposes. Sampling will occur by scheduled appointment after appropriate harvest and regulatory batch partitioning has been performed by the cultivator/manufacturer. PureVita Labs may assist clients in determining the most appropriate production batch segregation methodology or protocol to improve batch homogeneity and sampling accuracy of the baseline production batch. Samples collected for testing will be held for two (2) weeks from the date of the final report, except (1) where samples have been used for testing and fully consumed; (2) where samples are returned early at the request of Client; (3) where storage for a longer duration will compromise the integrity of the sample, or (4) where other circumstances exist that prevent samples from being held for longer duration. A small amount of homogenized sample from each production batch may be frozen in a -80 degrees Celsius freezer for long-term storage at the discretion of the PureVita Labs.
Clients under contract for testing under the “Gold Package” service offering by PureVita Labs will require additional preliminary heterogeneity testing of cultivation production batches prior to performing any sample collection for regulatory testing to determine the most appropriate sampling methodology for accurate product labeling based on underlying heterogeneity of the production batch. Additional costs associated with this pre-requisite testing will be built into individual unit pricing as per the contracted service agreement. In addition, independent analytical laboratories may be directed to perform emergency sampling and/or verification testing of medical marijuana products by the Rhode Island Department of Health or Department of Business Regulation. Additional costs will be charged to the client establishment where the medical marijuana was collected according to regulations set forth under 216-RICR-60-05-6.17.B.
“Hot Samples”: State and federal law dictates that any hemp plant with more than 0.3 percent d9-THC, the psychoactive component, is considered marijuana, not hemp, and is therefore illegal without the licenses required to grow medical or recreational marijuana. Testing THC levels to determine if the sample is definitively considered Hemp (under the aforementioned law) and not Marijuana is part of our service offering. Rhode Island Law further defines regulated “Low THC Cannabis” to be under 0.3% d9-THC and above 10% CBD.
Samples determined to be Hot Samples will be recorded on form # QC-FRM-005 (CAPA) and signed by all responsible managers at PureVita Labs. Any PLANT SAMPLE, not submitted by a properly licensed producer that is determined by our lab to be above 1 percent d9-THC, will be reported to law enforcement, to the client and then immediately destroyed, with the destruction documented and photographed per our procedure #___________________. Any NON-PLANT samples not submitted by a properly licensed producer such as tinctures, extracts and distillates that are determined by our lab to be above 0.8 percent d9-THC, will be reported to the Client and then immediately destroyed, with the destruction documented and photographed per our procedure #___________________.
Sample destruction and disposal of unused marijuana product will be performed in compliance with the regulatory measures issued by the State of Rhode Island under 216-RICR-60-05-6, section 6.16.
RETEST ANALYSES: Retests performed at Client’s request may be charged to Client if the retest confirms the original result. If the retest results are significantly different (outside of the reported and accepted tolerances) from the original result, Client will not be charged for the retest.
HAZARDOUS SUBSTANCES AND PATHOGENS: Any package containing a sample that contains or suspected of containing a pathogen or hazardous substance must be clearly identified as such and communicated to PureVita Labs prior to shipping. PureVita Labs reserves the right to refuse any shipment or sample that may pose a risk to its employees. Client shall bear all extraordinary costs for adequate disposal of hazardous waste resulting from the sample(s) submitted, whether or not described as hazardous waste.
LITIGATION: If Client Information is subpoenaed in response to any court of law or regulatory body having jurisdiction, PureVita Labs will make best efforts to notify Client in advance of such subpoena deadline and allow Client to take appropriate steps to protect its information. All costs associated with litigation or dispute, including copying and submission of all documents subpoenaed, for oral or written testimony or preparation of same, or for any other purpose related to work provided by PureVita Labs in connection with the analyses/reports performed/completed for the Client, shall be paid by Client. Such costs include, but are not limited to, hourly charges, travel, accommodations, mileage, legal counsel and all other expenses associated with said litigation or dispute.
RESTRICTIONS ON USES OF LABORATORY RESULTS AND MARKETING CLAIMS: No laboratory results from PureVita Labs may be used by client for any marketing or labeling purpose, or for mass public dissemination of any kind, or be placed on any website or social media, or used in any advertisement, press release, or other publicity vehicle, WITHOUT THE EXPRESS WRITTEN CONSENT OF PUREVITA LABS. Permission is granted to client to share laboratory results data in a one-on-one basis in response to direct queries from customers or members of the media. However, no mass distribution of results data is permitted. Client is strictly prohibited from misleading customers or members of the press by implying that tests conducted on one production lot confer analysis results that apply to all other lots.
LIABILITY: Client agrees to indemnify PureVita Labs from any loss, damage, cost or expense (including reasonable attorneys’ fees), arising from any claim, demand, assessment, action, suit or proceeding occurring as a result of the negligence, gross negligence or intentional misconduct of Client (including any employees, agents and/or subcontractors). Client further agrees to indemnify PureVita Labs against all liability, debts, actions, charges or claims arising out of Client’s obligations under this Agreement or Client’s failure to comply with any statute, regulation, ordinance, or other legal authority.
PureVita Labs is not liable, by reason of its performance under this Agreement, for any loss of profits, claims against Client by any third party or any consequential damages even if PureVita Labs is advised of the possibility of such loss, claims or damages. Client agrees that PureVita Labs’‘s liability hereunder for damages, regardless of the form of action, shall not exceed the total of all charges paid by Client to PureVita Labs for the services rendered.
INTELLECTUAL PROPERTY: PureVita Labs operates under “need to know” principles within its organization to further protect its clients’ information. PureVita Labs reserves the right to decline service to a client if the nature of the work presents a potential conflict of interest with other work either currently underway or previously completed for another party. PureVita Labs LLC also operates under the principle that the outcome of its work is owned by both PureVita Labs and the receiving Client, unless previously agreed to in writing between the parties.