Legal COC of PFAS Form

Legal COC of PFAS Form

This Legal Certificate of Chain of Custody for PFAS (the "Certificate") is entered into on , by and between Client Name: , with principal place of business at (hereinafter "Client"), and Laboratory Name: , located at (hereinafter "Laboratory").

Recitals

WHEREAS, Client requires analytical testing for per- and polyfluoroalkyl substances ("PFAS") in environmental or product samples and seeks to establish a documented chain of custody and legal certification of sample handling and analysis; and

WHEREAS, Laboratory is a qualified testing laboratory that performs PFAS analyses using specified methods and agrees to accept, preserve, analyze, and report results in accordance with this Certificate, applicable method requirements, and industry standards; and

WHEREAS, the parties desire to document the chain of custody, certification of analytical methods, sample retention, liability allocation, and notice procedures related to PFAS sample submission and reporting.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Definitions

In this Certificate, unless the context otherwise requires: "PFAS" means per- and polyfluoroalkyl substances as defined by applicable regulatory guidance; "Chain of Custody" means the documentation and procedures required to track possession, handling, and transfer of samples from collection through final disposition; "Method" means the analytical method specified in Section 2. Terms defined elsewhere in this Certificate have the meanings ascribed to them in the sections where they appear.

2. Scope of Testing

Laboratory shall perform PFAS analyses only on samples explicitly identified in this Certificate and accompanying Chain of Custody documentation. Analytical methods, detection limits, and accreditation identifiers are set forth as follows.

3. Chain of Custody Procedures

Client shall complete the chain of custody form upon collection and must provide sample identification, matrix, preservative used, date and time of collection, collector name, and any handling instructions. Laboratory will accept only samples accompanied by a signed chain of custody and will document every transfer of possession.

Sample 1 ID:   Matrix:   Collected:

Sample 2 ID:   Matrix:   Collected:

Sample 3 ID:   Matrix:   Collected:

Sample 4 ID:   Matrix:   Collected:

4. Laboratory Certification of Results

Laboratory hereby certifies that: (a) analyses reported under the Laboratory Sample Report Reference were performed by personnel trained and qualified for PFAS analysis using the Method(s) listed in Section 2; (b) quality control measures, including method blanks, laboratory control samples, matrix spikes, and instrument calibration, were employed as appropriate to support reported results; and (c) reported numerical results are accurate representations of the aliquots analyzed, subject to method detection limits and quantitation criteria noted in the report.

Report Date:

5. Sample Retention and Disposal

Laboratory will retain a portion of sample extracts and/or original samples for a retention period not to exceed the period specified below, unless otherwise agreed in writing. Client must provide written instructions for extended retention or return of samples prior to expiration of the retention period. If no instruction is provided, Laboratory may dispose of samples in accordance with its standard procedures.

6. Confidentiality and Data Use

Each party shall keep confidential all non-public information disclosed in connection with this Certificate, including raw data reports, chain of custody documentation, and any proprietary sample information, and shall not disclose such information except as required by law, court order, or regulatory authority, provided that the disclosing party gives prompt notice to the other party and cooperates in any protective measures.

7. Limitation of Liability

Except as provided in applicable law and subject to Section 8 (Indemnification), Laboratory's liability for any claim arising out of or relating to this Certificate, including claims for negligence, breach of contract, or strict liability, shall be limited to direct damages not to exceed the amount paid by Client to Laboratory for the specific analysis giving rise to the claim. In no event shall Laboratory be liable for incidental, consequential, special, or punitive damages, including but not limited to loss of business, loss of profits, or third-party claims.

8. Indemnification

Client agrees to indemnify, defend, and hold harmless Laboratory and its officers, employees, and agents from and against any losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from Client's breach of this Certificate, Client's failure to provide accurate sample information, or claims related to Client's use of analytical results, except to the extent such losses are caused by Laboratory's gross negligence or willful misconduct.

9. Notices

All notices required or permitted under this Certificate shall be in writing and delivered by hand, courier, or certified mail, return receipt requested, to the addresses set forth below or to such other address as either party designates by notice in writing.

10. General Provisions

Governing Law. This Certificate shall be governed by and construed in accordance with the laws of the State specified below without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of that state for disputes arising under this Certificate.

Entire Agreement. This Certificate constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

Severability. If any provision of this Certificate is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Amendments and Waiver. No amendment, modification, or waiver of any provision of this Certificate shall be effective unless made in writing and executed by authorized representatives of both parties. No failure or delay by either party in exercising any right under this Certificate shall operate as a waiver of that right.

Counterparts. This Certificate may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

11. Certifications and Acknowledgments

By signing below, Client certifies that the sample information provided is accurate to the best of Client's knowledge, samples were collected in accordance with applicable sampling protocols, and all relevant chain of custody practices were followed. Laboratory certifies that it will perform the analyses in accordance with the Methods listed in Section 2 and that reports will reflect the findings of said analyses consistent with Laboratory's standard reporting formats.

Method blank included

Laboratory control sample included

Spike or matrix spike included

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