Radiation Safety Monitoring For Your Practice

DOSIMETRY SERVICES TERMS AND CONDITIONS OF SALE Rev. 05/18

Controlling Terms. Customer placement of an order for Dosimetry Services, described below, shall constitute acceptance of these Terms and Conditions offered by LANDAUER, Inc. (“LANDAUER”) and its affiliates including Fluke Electronics Corporation. Terms or provisions of Customer’s order that are inconsistent with or in addition to these Terms and Conditions shall not be binding unless accepted in writing by LANDAUER. LANDAUER’s failure to object to any provision contained in a communication from Customer shall not be a waiver of these Terms and Conditions. If any terms or conditions of sale are declared by an arbitrator, or court or other body having jurisdiction, to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect.

Dosimetry Services
LANDAUER’s standard Dosimetry Services include the automatic exchange of dosimeters each wear period, processing and analysis of dosimeters, exposure results and standard radiation dosimetry reports including data management, customer services call center and technical support programs. Dosimeters are exchanged on a quarterly basis and for fetal monitoring exchanged on monthly basis. Customer shall return dosimeters for exchange to LANDAUER freight and insurance prepaid.

Minimum Order Period/Term of Service/Renewal
Dosimetry Services have a required minimum subscription term of one year, whether initial or renewal term (“Term”). Each subscription Term will automatically renew at the end of its Term unless Customer cancels in accordance with the cancellation policy, as outlined in “Cancellation Policy” section herein.

Freight
Standard shipments from LANDAUER to Customer are via USPS first class mail. Shipping and handling charges are included in the price of the Dosimetry Service. Customer will be responsible for shipping and handling charges when an expedited shipping method is requested in writing.

Payment
Customer is required to pay for a full one-year service Term for Dosimetry Service by credit card at time of order placement and for each renewal Term. Prices exclude any tax or duty now or hereafter imposed upon the production, storage, sale, transportation, or use of the dosimeters under the Dosimetry Service.

Cancellation Policy
All sales, fees and charges for Dosimetry Service accounts are final. If Customer cancels the order at any time prior to the end of the current service subscription Term, Customer shall not receive a refund. Cancellation of all Dosimetry Service Subscription Terms must be received by LANDAUER in writing 45 days in advance of the next shipment date. Payment shall be required by Customer for any shipments sent by LANDAUER prior to receiving a written cancellation request.

Notices
Customer shall send all notifications concerning this Agreements, including written cancellations, to LANDAUER at:

LANDAUER, Inc.
Customer Service
c/o Account Retention
P.O. Box 3333
Glenwood, IL 60425
Email: clientsolutionsteam@landauer.com

With a copy to:
Fluke Electronics Corporation
c/o FHS Sr. Corporate Counsel
6920 Seaway Blvd.
Everett, WA 99203

Lost or Damaged Dosimeters
All dosimeters remain the property of LANDAUER and are to be returned to LANDAUER after use. A dosimeter (including a control dosimeter) is considered lost if it is not returned to LANDAUER within 90 days after the dosimeter’s end wear date. LANDAUER reserves the right to charge an unreturned dosimeter fee for each dosimeter not returned within the applicable return period, even if the dosimeter is subsequently returned after the end of the applicable return period.

Privacy Statement
LANDAUER is committed to protecting the privacy of the confidential information entrusted to it, including but not limited to personal data relating to individuals who may be customers, employees, partners or others. LANDAUER takes appropriate precautions to restrict access to personal data to required personnel only. Customer shall provide a unique personal identifier and not a Social Security Number (SSN) and Date of Birth (DOB), during the Account setup process.

Website
Dosimetry report access and retrieval will be provided on LANDAUER’s secured Access Information Portal, myLDR.com, which is provided to Customer at time of account set-up. Customer agrees that it is responsible for all individuals using and any action that they may take on LANDAUER’s portal. Customer acknowledges that it will maintain appropriate controls for access and changes made on LANDAUER’s portal and to any passwords or logon information. Neither LANDAUER, nor its affiliates, directors, employees, or other representatives, are liable for damages arising out of or in connection with the use or inability to use LANDAUER’s portal. Customer’s use of LANDAUER’s portal shall also be governed by any other terms of use set forth on its website.

Indemnification
Customer shall indemnify, defend and hold LANDAUER, its affiliates, employees and agents harmless from any and all losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and other costs of defending any action) directly resulting from any third party claim from (a) any negligent act or omission by Customer, its employees or agents, (b) any harm, injury, or loss resulting from use of the Dosimetry Services or the dosimeters or (c) Customer’s material breach of these Terms.

Excusable Delays
LANDAUER shall not be liable for non-delivery or delay in performance when such delay is directly or indirectly caused by, or in any manner arises from, delay or failure to deliver by LANDAUER's suppliers, fires, floods, accidents, riots, war, governmental interference or embargoes, strikes or shortage of labor, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. LANDAUER agrees to make, and Customer will accept, deliveries at a reasonable time after remedy of such causes.

Limitation of Liability
EXCLUDING THE INDEMNITY SECTION AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM THE PERFORMANCE OF OR FAILURE TO PERFORM THE DOSIMETRY SERVICES OR ITS BREACH OF ANY OF THESE TERMS, INCLUDING WITHOUT LIMITATION DAMAGE FOR LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA OR COST OF PROCUREMENT OF GOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. LANDAUER’S MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID (OR DUE TO BE PAID) TO LANDAUER FROM CUSTOMER FOR THE DOSIMETRY SERVICES FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE TIME THE CLAIM WAS MADE.

Disclaimer of Warranties
LANDAUER MAKES NO OTHER WARRANTY REGARDING THE DOSIMETRY SERVICES, DOSIMETERS AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY STATE LAW.

Governing Law
These Terms shall be governed by the laws of the State of Illinois without regard to its conflicts of law principles.

Government Contracts. If Customer’s order cites a U.S. Government contract number or is certified under DPAS, Federal Acquisition Regulation (FAR) Part 12 is incorporated where applicable and as may be required by government statute, regulation and/or contract.

Cost Reporting. Any discounts provided are intended to comply with the federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). To the extent required by 42 C.F.R. § 1001.952(h) (the Anti-Kickback Statute discount safe harbor regulations) or other applicable laws and regulations, Customer must fully and accurately reflect in cost reports or other submissions to federal healthcare programs all discounts provided and, upon request by the Secretary of the U.S. Department of Health and Human Services or a state agency, must make available information provided to Customer by LANDAUER concerning the discounts.