Before participating, you must agree to the following terms and conditions.
Terms and Conditions
Contractors who utilize the Construction Employers Association (“CEA”) SGS Silica Testing Program (hereinafter the “Program”) agree to the following User Terms and Conditions (“Terms”) as a precondition to such use:
- "CEA" refers to the Construction Employers Association of Cleveland, Ohio.
- “CONTRACTOR” means a CEA authorized contractor engaged in the construction industry that utilizes the Program solely for the benefit of his/her company and employees.
- “Equipment Rental” means the way the “TPA” sends out pumps/media to assist CONTRACTOR in monitoring silica dust hazards.
- “Program” means the CEA Silica Sampling & Objective Data Program consisting of the Silica Sampling and Objective Database and Equipment Rental.
- “Third Party Administrator” and “TPA” refers to the entity CEA has chosen to utilize in administrating the Program. The TPA is currently SGS Galson.
Placing an Order
When the CONTRACTOR places an order:
- CONTRACTOR must do so on the CEA equipment rental webpage.
- CONTRACTOR must indicate on the order form what date the TPA should expect to receive the equipment and accessories back from CONTRACTOR (the “Expected Return Date”).
- The TPA will list the Expected Return Date on the packing list the TPA ships with the equipment to the CONTRACTOR.
- CONTRACTOR will confirm receipt of all requested items and will contact the TPA immediately upon receipt if any items are missing or damaged.
- CONTRACTOR shall pay CEA an amount sufficient to enable CEA to comply with its obligation to make payment on CONTRACTOR’s behalf to the TPA. In case of any doubt as to the amount of payment, CEA’s estimate shall be controlling.
- When the CONTRACTOR places a rental order, CONTRACTOR will indicate to TPA what date TPA should expect to receive the equipment back from CONTRACTOR. (“Expected Return Date”). TPA will list this date on the packing list that is sent with the equipment to the CONTRACTOR.
- The TPA will provide CONTRACTOR with the requested, working sampling pumps, chargers and any applicable accessories. Neither the TPA nor CEA is the manufacturer of the equipment and neither makes any warranty, either expressed or implied, including, but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose concerning the equipment.
- If CONTRACTOR does not provide timely notice of any defect upon delivery, it shall be presumed that equipment was delivered in good condition. If equipment requires repair or recall, CONTRACTOR shall immediately notify the TPA before any action is taken or any equipment is exchanged. The TPA’s obligation under this situation shall be to repair, recalibrate or at its option, replace any equipment that fails to operate per specification at TPA’s expense in a reasonably practicable timeframe within its reasonable control. Neither CEA nor TPA is responsible for any damage to equipment caused by CONTRACTOR.
- CONTRACTOR is responsible for returning the equipment in substantially the same condition as when received from TPA, ordinary wear and tear excluded. CONTRACTOR agrees to compensate CEA and/or TPA for any damages caused by CONTRACTOR.
- CONTRACTOR understands that the services provided under this program by the TPA are available at the prices currently specified only because CEA has agreed to handle payments to the TPA. Under that arrangement, CONTRACTOR acknowledges that CONTRACTOR is ultimately responsible for all taxes, duties and fees associated with this rental program. Whatever expenditures CEA makes on behalf of CONTRACTOR, CONTRACTOR agrees to pay to CEA, plus CEA’s administrative fees, if any.
- In no event shall TPA or CEA be liable for any consequential, incidental or exemplary damages, including any loss of profit or revenues, loss of use of its equipment, damage to other equipment, cost of substitute equipment or down time costs.
- CONTRACTOR will receive sampling badges at the TPA listed price (including shipping charges, duties, tariffs, customs fees, etc.).
- CONTRACTOR will inspect all requested items upon receipt and will contact the TPA immediately if any items are missing or damaged.
- CONTRACTOR is responsible for returning all sampling badges provided by the TPA to the TPA for analysis and any unused badges within sixty (60) days from the date badges were shipped to CONTRACTOR by the TPA unless the CONTRACTOR obtains the TPA’s written permission (an e-mail notification from the TPA is acceptable) to extend the term of use.
- If CONTRACTOR fails to return any or all sampling badges to the TPA within sixty (60) days from the date shipped by the TPA and CONTRACTOR has not obtained the TPA’s written permission to extend this term, CONTRACTOR understands and agrees that CONTRACTOR will be considered to have purchased these badges. CONTRACTOR authorizes CEA to bill CONTRACTOR and CONTRACTOR agrees to pay CEA an amount equal to the TPA’s published fee in its Media Fee Schedule for any and all badges not returned, plus CEA’s administrative fees, if any. (The TPA’s website www.galsonlabs.com lists its current Media Fee Schedule.)
- CONTRACTOR acknowledges and agrees that CONTRACTOR’s only remedy from CEA and the TPA relating to situations where sampling badges do not perform as specified would be the reimbursement of some or all of the applicable shipping charges as agreed to by the TPA and CONTRACTOR. CONTRACTOR, at its option may order replacement of the non-performing badges at no charge to CONTRACTOR, including shipping.
Return of Equipment
- CONTRACTOR is responsible for decontaminating all sampling pumps and accessories after use and for returning the sampling pumps, chargers and accessories and any unused media in good working condition by the Expected Return Date unless the CONTRACTOR obtains written permission from the TPA to extend the term of use. An email notification from the TPA is acceptable.
- If CONTRACTOR fails to return any or all equipment, including but not limited to sampling pumps, chargers and accessories, by the Expected Return Date, CONTRACTOR agrees to pay an additional rental fee equal to the lowest combination of fees for the days outstanding using TPA’s published fee schedule in effect on the date the equipment was shipped, plus CEA’s administrative fees, if any. (TPA’s website www.galsonlabs.com lists all applicable fees.) These additional rental charges will apply beginning on the day after the Expected Return Date and ending on the date that TPA receives the equipment at its designated office. If any or all equipment is not returned by CONTRACTOR within thirty (30) days after the original Expected Return Date, CONTRACTOR acknowledges that CONTRACTOR has purchased this equipment and agrees to pay CEA an amount equal to the equipment’s then current replacement cost.
- CONTRACTOR acknowledges and agrees that CONTRACTOR is responsible for any damage to any sampling pumps, chargers and accessories and that CONTRACTOR will compensate CEA for any damages, up to and including full replacement value of such equipment.
- All pumps shipped are fully charged and ready for service. CONTRACTOR understands and agrees to recharge all pumps before use if sampling is not done within two (2) days from the date shipped by the TPA.
- CONTRACTOR acknowledges that CONTRACTOR is responsible for all shipping charges pertaining to this Equipment Rental both from the TPA to CONTRACTOR and from CONTRACTOR to the TPA. CONTRACTOR agrees to send back all sampling pumps, charges and accessories by two-day courier service (Federal Express, UPS, etc.) or sooner. The TPA will send sampling pumps, chargers, etc. to CONTRACTOR by two- day courier service unless otherwise requested by CONTRACTOR.
- CONTRACTOR acknowledges that CONTRACTOR’s only remedy from the TPA and CEA for situations where a sampling pump or sampling pumps were not able to perform as specified would be the reimbursement of some or all of the applicable shipping charges as mutually agreed. CONTRACTOR at its option may order replacement of the non-performing equipment at no charge to CONTRACTOR including shipping.
ACKNOWLEDGMENT AND AGREEMENT OF CONTRACTOR
- CONTRACTOR AGREES THAT CEA MAY ESTABLISH ADMINISTRATIVE FEES TO BE CHARGED TO CONTRACTOR IN ADDITION TO THE FEES OF THE TPA.
- CONTRACTOR AGREES TO REIMBURSE CEA, UPON REQUEST, ANY AMOUNT SUFFICIENT TO PAY FOR TPA PASS-THROUGH CHARGES CONTRACTOR INCURS BEYOND THE INITIAL PAYMENT AMOUNT.
- IN THE EVENT THAT CONTRACTOR FAILS TO PAY CEA ANY AMOUNTS OWED UNDER THIS AGREEMENT, CEA MAY BRING AN ACTION IN AN OHIO COURT FOR ANY RIGHTS AND REMEDIES AVAILABLE UNDER THIS AGREEMENT, AT LAW, IN EQUITY, OR OTHERWISE.
- IF THERE ARE ANY DISPUTES AS TO THE QUALITY OF SERVICE PROVIDED BY THE TPA, CEA WILL ATTEMPT TO MEDIATE THE ISSUE, BUT HAS NO RESPONSIBILITY FOR THE LEVEL OF SERVICE PROVIDED BY THE TPA.