Terms of service
The agreement for laboratory testing: what a result does and does not mean, partner laboratories, turnaround estimates and the service window, refunds, certificates, payments and connected storefronts. Orders accepted earlier keep the terms they were accepted under, including the Gold Standard guarantee.
Important notice
Important — please read. These terms limit what we promise, the remedies available to you, and our liability.
YOU ARE BUYING ANALYTICAL TESTING, NOT A PARTICULAR RESULT. Every measurement carries uncertainty and can be affected by the sample, the method, instruments, reference materials, software, data processing and people. We do not guarantee that a result is absolutely accurate, reproducible, favorable, passing, or accepted by anyone else.
A CERTIFICATE IS NOT A SAFETY, MEDICAL OR REGULATORY APPROVAL.
WE MAY HAVE SOME OR ALL OF THE WORK PERFORMED BY AN OUTSIDE LABORATORY unless we accept an order-specific restriction in writing. The certificate names the laboratory that performed the analysis.
TURNAROUND TIMES ARE ESTIMATES. A test may take up to 180 calendar days from its Ready-for-Testing Date (Sections 3 and 17), plus any customer hold or qualifying force-majeure period.
DELAY, SHIPPING DELAY, A FAILED OR REPEATED RUN, AN UNWANTED OR INCONCLUSIVE RESULT, A DIFFERENT RESULT FROM ANOTHER LABORATORY, OR REJECTION OF A REPORT BY A THIRD PARTY DOES NOT BY ITSELF ENTITLE YOU TO A REFUND (Section 18).
OUR LIABILITY IS LIMITED TO THE FEE FOR THE AFFECTED TEST, INCLUDING FOR OUR OWN ORDINARY NEGLIGENCE (Section 27). Business customers also agree to an indemnity, a Harris County forum and a JURY-TRIAL WAIVER (Sections 28 and 31).
Nothing here waives rights that Texas consumer-protection law, including the Deceptive Trade Practices Act, does not allow to be waived.
2. The agreement and order of precedence
For each order, the agreement is made up of the following documents. If they conflict, they apply in this order:
1. any order-specific agreement signed by authorized representatives of both parties;
2. the accepted order, quote or service order, including any restriction we expressly accepted;
3. these terms;
4. the Refunds and Privacy policies identified at checkout.
A purchase order, vendor form, uploaded file, product label, storefront listing or email footer does not change the agreement unless we accept the change in writing. Website and marketing descriptions do not create a warranty beyond the accepted order. This does not excuse any deceptive statement.
A later version of these terms applies only to orders accepted after it takes effect. Orders accepted under an earlier version keep that version's remedies, including the Gold Standard turnaround and contradicted-result guarantee where that version contained it.
3. Definitions
Affected Test: the specific assay, analysis, panel or method from which a claim arises.
Result: any measurement, identification, detection or non-detection, calculation, interpretation, conformity statement, qualification or other finding we report.
Report or certificate (COA): any certificate of analysis, laboratory report, amended or superseding report, data package or electronic result we issue.
Outside Laboratory: a third-party laboratory, contract or specialist laboratory, instrument facility or other analytical service provider we use for an order. Couriers, storage providers and software providers are Service Providers.
Customer Hold: a period in which an Affected Test cannot reasonably proceed because we are waiting on you. Examples: payment, information, authorization, more or replacement material, hazard data, a specification, or resolution of a mismatch between the order and what arrived.
Ready-for-Testing Date: for each Affected Test, the latest of these dates:
• sufficient usable material has been received and logged in at the performing location;
• any required payment has cleared;
• the required order, sample, hazard and specification information is materially complete;
• any Customer Hold that arose before testing has been resolved.
Tests in one order can have different Ready-for-Testing Dates.
Service Window: up to 180 calendar days from an Affected Test's Ready-for-Testing Date. It is paused during a Customer Hold and extended under Section 29.
Qualified Outcome: a report explaining that the work performed could not support a definitive requested result, and why. Reasons include matrix interference, insufficient or degraded material, a concentration outside the working range, failed system suitability, or another scientifically supportable limitation.
4. What you are buying
You are buying analytical testing and reporting for the scope accepted on your order. You are not buying a particular or favorable result. We perform or arrange the work using commercially reasonable laboratory practice and reasonable professional care appropriate to that scope.
Unless your accepted order fixes a specific method, instrument, performing laboratory, accreditation scope or procedure, we choose the methods, preparation, confirmation steps, reruns, quality controls and performing laboratory we consider appropriate.
A result applies only to the material actually tested, under the method and conditions stated in the report. Unless the report expressly says otherwise, it does not certify an entire lot, batch, shipment, manufacturer, facility, product line or future material. You are responsible for submitting representative material. We are not responsible for variation, substitution, contamination or degradation that occurred before we or the performing laboratory received the sample.
5. Measurement uncertainty and error
YOU ACKNOWLEDGE THAT ANALYTICAL MEASUREMENT IS SUBJECT TO UNCERTAINTY, VARIABILITY AND POSSIBLE ERROR. Results depend on the following, and any of them can introduce uncertainty, interference, drift, malfunction or error:
• instruments, detectors, columns and balances;
• reference standards, reagents and solvents;
• sample preparation, dilution and matrix effects;
• storage and environmental conditions;
• calibration, software, libraries, integration and data processing;
• analyst judgment, transcription and review.
Validation, calibration, controls, review and repeat analysis reduce these risks. They cannot eliminate them.
WE DO NOT GUARANTEE THAT ANY RESULT IS ABSOLUTELY ACCURATE, PRECISE, COMPLETE, REPRODUCIBLE, ERROR-FREE, OR THE SAME AS A RESULT OBTAINED ON ANOTHER PORTION, VIAL OR LOT, AT ANOTHER TIME, BY ANOTHER METHOD OR INSTRUMENT, OR BY ANOTHER LABORATORY.
A difference between two laboratories, methods, instruments, samples or dates does not by itself show that either one is wrong.
A "not detected" or below-limit result does not prove absolute absence. A purity result alone does not establish any of the following, unless each is separately tested and reported:
• identity or quantity;
• potency;
• sterility or endotoxin status;
• residual solvents or elemental impurities;
• microbial quality;
• safety, or the absence of untested substances.
We may review, qualify, amend, correct, supersede or retract a report when later review or information warrants it (Section 20). A properly issued superseding report replaces the one it supersedes.
6. Not a safety, medical, clinical or regulatory certification
Reports are analytical information. They are not:
• medical, legal or regulatory advice;
• a diagnosis or a prescription;
• product or government approval;
• a recommendation to ingest, inject, administer, sell or otherwise use any substance.
NO RESULT, CERTIFICATE, "PASS", "CONFORMS", PURITY, IDENTITY, POTENCY, STERILITY, ENDOTOXIN OR CONTAMINANT RESULT GUARANTEES THAT A PRODUCT IS SAFE, EFFECTIVE, CLINICALLY APPROPRIATE, FIT FOR HUMAN OR ANIMAL ADMINISTRATION OR INJECTION, LAWFUL, MERCHANTABLE, REGULATORILY COMPLIANT, OR ACCEPTABLE TO ANY REGULATOR, MARKETPLACE, RETAILER, PHARMACY, CLINICIAN, AUDITOR, INSURER OR CUSTOMER.
Before ordering, you decide whether your intended use requires a particular accreditation, method, detection limit, custody protocol, sampling plan, specification or performing laboratory. If it does, it must be stated on the order and accepted by us (Section 8).
7. No patient-specific clinical testing
Do not submit human specimens for diagnosis, prevention, treatment, disease monitoring or any other patient-specific clinical purpose. The only exception is a separately agreed service that we have expressly accepted and are authorized to provide.
Do not describe our research and quality testing as clinical or diagnostic testing, or as proof of a certification, licence or accreditation we do not hold.
8. Outside laboratories
You authorize us to subcontract, refer or transfer all or part of an order to one or more Outside Laboratories, without asking for separate consent each time. This does not apply where your accepted order includes a restriction we expressly accepted.
Our current Outside Laboratories are listed at goldstandardanalytics.com/laboratories and currently include BioRegen and Optiq Health Labs. The list may change and is illustrative. We are not obliged to use any laboratory on it.
Naming an Outside Laboratory, here or anywhere else, does not mean it holds any particular licence, accreditation, registration or scope for every test it offers.
If you need a specific performing laboratory, laboratory location, accreditation or accredited scope, regulatory framework, method, custody protocol, or in-house-only testing, state it before ordering. It applies only if our order confirmation accepts it. A restriction raised after we accept or begin the work does not create a cancellation or refund right, unless we agree otherwise or the law requires one.
We choose, replace or reroute Outside Laboratories for reasons including:
• capability and method availability;
• capacity and turnaround;
• sample stability and shipping;
• relevant scope;
• quality history, continuity and cost.
Where rerouting is urgent, for example because of sample stability or an instrument or provider outage, we may transfer work before notifying you.
Every report identifies the laboratory that performed each analysis. We will not represent work done by an Outside Laboratory as performed at our Houston laboratory. An accreditation statement appears on a report only when we have verified that it covers that specific test.
We use commercially reasonable care in selecting and instructing Outside Laboratories. They are independent contractors. Except where the law imposes a non-waivable duty, we do not separately warrant an Outside Laboratory's instruments, staff, facilities, accreditation upkeep, systems or independent conduct. Claims involving Outside Laboratory work remain subject to Sections 26–28.
We may share samples, identifiers and the information reasonably needed for the work with Outside Laboratories and Service Providers. They must keep that information confidential and use it only to perform the work.
11. Shipping, carrier risk and UPS pickups
Place an order before shipping and use the label and packing instructions we provide. Walk-in drop-off is not accepted. You are responsible for correct packaging, permitted contents, declarations and disclosed temperature needs.
A prepaid or GSA-generated label, or a UPS pickup we book for you, does not guarantee:
• delivery or transit time;
• temperature control or carrier acceptance;
• legality of the shipment;
• insurance of your product.
You bear the risk of delay, loss, theft, leakage, damage, temperature excursion, customs detention or carrier refusal before the sample is received by us or the performing laboratory. This does not apply to the extent the loss is caused by our fraud, willful misconduct or gross negligence. A late carrier delivery does not create a refund right.
If a sample is permanently lost before it is received and logged in, and no testing has begun, you may send replacement material under the same paid order within the period we tell you. Samples have no declared value to us. Testing fees are not insurance for your inventory. Do not send unique or irreplaceable material unless we agree to special handling in writing.
UPS door pickups. Where offered, a door pickup is a separately priced convenience. UPS collects from the label's ship-from address within the window UPS confirms, and does not give an exact arrival time. We refund the pickup fee in these cases:
• you cancel before 8 PM Central the evening before the pickup;
• we cannot book the pickup;
• the box is dropped off at UPS instead before the pickup date;
• a missed pickup is neither rebooked nor collected within 48 hours.
One free rebooking is offered after a missed pickup. A pickup fee is never a guarantee of collection time or delivery.
12. Receipt, log-in and customer holds
Receiving a package does not mean every test is ready to start. We or the performing laboratory may inspect, photograph, weigh, log in, label, divide and transfer received material.
Any of the following can create a Customer Hold:
• too little material, or a leaking or damaged container;
• conflicting identifiers or missing paperwork;
• an unexpected matrix;
• missing hazard information, specification or payment;
• the need for method development.
We will tell you what we need through your account and by email. The Service Window is paused for the length of a Customer Hold.
If you do not respond within a reasonable time after notice, and in any case within 30 days, we may close the Affected Test with a Qualified Outcome or offer to remove and refund unperformed scope. We may then dispose of the remaining material under Section 13. Your non-response does not create a refund right for work already performed or for costs already committed.
13. Destructive testing, retention and disposal
You authorize us and any performing laboratory to open, divide, prepare, dissolve, dilute, extract, digest, incubate, culture, consume and otherwise alter or destroy the sample as reasonably needed to perform or attempt the accepted tests. A test may consume all of the material assigned to it. Ordinary consumption is not a service defect.
Our target is to keep usable leftover material, if any remains, for about 90 days after the final report. This is a storage target, not a promise that material will remain. Material may be consumed, degrade, be held by an Outside Laboratory, or become unsafe to keep.
Ask for any lawful transfer of leftover material before the retention period ends. Transfers depend on the quantity available, lawful shipping, shipping charges and the recipient's legal ability to receive it. After retention ends, material may be disposed of without further notice. You keep ownership of your formulations and your intellectual property.
14. Chain of custody and records
We document receipt, log-in, custody hand-offs and analysis records under our control, and link them to your accession. At our Houston laboratory every sample is recorded on video from the opening of its package through its handling in our laboratory. Available records can also include:
• container photographs;
• instrument identification;
• selected analytical data;
• review sign-offs.
Where an Outside Laboratory performs the work, the hand-off to that laboratory is recorded, and custody after it consists of carrier records and the Outside Laboratory's own log-in records and data. Our cameras do not record work inside an Outside Laboratory, and Outside Laboratories may use different systems. We do not promise that every raw file is available. A custody record documents only events that were actually recorded. It does not show that the sample you chose was representative, or what happened before we received it.
15. Methods, reruns and qualified outcomes
The method stated in the final report is the method we represent was used. If your accepted order fixes a method, compendial procedure, accredited scope or performing laboratory, we will not knowingly substitute an approach that defeats that requirement without your authorization.
Citing a USP, EPA, FDA, ISO, ASTM, AOAC, ICH or other method does not, by itself, state or imply that we or an Outside Laboratory are accredited, certified, approved or endorsed by that organization.
A test does not always produce a reportable result on the first run. If a run fails quality criteria, looks anomalous, or hits an instrument or software fault, interference, a range problem or contamination concerns, we may use our professional judgment to do any of the following:
• repeat the preparation or the analysis;
• use another instrument, or modify the preparation;
• use a confirmatory or alternative procedure;
• send the work to an Outside Laboratory;
• request more material;
• qualify the result, or issue a non-detect, out-of-range, invalid or Qualified Outcome.
A FAILED OR INVALID INITIAL RUN, AN INSTRUMENT OR SOFTWARE PROBLEM, A RERUN, AN ALTERNATIVE METHOD OR A QUALIFIED OUTCOME IS NOT BY ITSELF A BREACH OF THIS AGREEMENT OR A GROUND FOR A REFUND.
16. Scope, packages, prices and changes
The confirmed order identifies the samples, tests, quantities, fees, taxes, shipping and any rush service. A package label such as "3x" is a convenient name; the itemized scope controls. A test that requires a quote must be confirmed before it can be purchased.
Before work begins, we may correct an obvious pricing or scope error. If we do, we will ask you to approve the changed price or offer cancellation of the unperformed work. A revised catalog does not authorize new charges. Additional work after receipt needs your approval, enough material, and an agreed fee.
17. Turnaround estimates and the Service Window
Typical turnaround is less than one week from the Ready-for-Testing Date. Certain compounds and tests may take 14–21 days. These typical times are estimates, not guaranteed completion dates. The contractual Service Window remains up to 180 calendar days, subject to the holds and extensions described in these Terms.
Every turnaround shown to you is an estimate unless an authorized GSA representative signs an order-specific guaranteed commitment. That includes:
• standard, expedited and priority targets;
• portal and email dates;
• dates given by our staff, chat or phone assistant, or API;
• queue estimates.
Routine work is often finished far sooner. However, you agree that an Affected Test may take up to 180 calendar days from its Ready-for-Testing Date. That time may include:
• queue time, preparation and fixed incubation;
• reruns, troubleshooting and method confirmation;
• instrument repair;
• sourcing of standards or reagents;
• Outside Laboratory work and shipping between laboratories;
• quality review and report preparation.
The window is paused during a Customer Hold and extended under Section 29. Time is not of the essence unless an order-specific signed agreement says otherwise.
Rush service. Expedited and priority service buy priority handling and a shorter target. If we issue neither the report nor a Qualified Outcome for a rush-tier test by its rush target, we refund the rush surcharge for that test. We do not refund the base testing fee. The target is extended by any Customer Hold. The rush target is otherwise an estimate, and the rest of the order remains subject to the Service Window.
18. Refunds, credits and remedies
Before receipt. You may cancel an order before we or the performing laboratory receive and log in the sample. You will get a refund of the testing fee, less any shipping label that was used and any other non-recoverable cost disclosed to you before you ordered.
After receipt. Once material is logged in, prepared, sent to an Outside Laboratory, or covered by an order-specific purchase or capacity commitment, fees are non-refundable, except as stated below or where non-waivable law requires otherwise.
TO THE FULLEST EXTENT THE LAW ALLOWS, YOU ARE NOT ENTITLED TO A REFUND, CREDIT, CHARGEBACK OR DAMAGES MERELY BECAUSE:
• (a) AN ESTIMATED OR TARGET DATE IS MISSED, OR A TEST TAKES LONGER THAN EXPECTED WITHIN ITS SERVICE WINDOW;
• (b) A CARRIER, CUSTOMS, GSA OR AN OUTSIDE LABORATORY HAS A SHIPPING OR TRANSFER DELAY;
• (c) A RUN FAILS, IS INVALIDATED OR MUST BE REPEATED, OR AN INSTRUMENT, METHOD, SOFTWARE SYSTEM, REAGENT OR PROVIDER NEEDS TROUBLESHOOTING OR REPLACEMENT;
• (d) THE RESULT IS UNWANTED, UNFAVORABLE, FAILING, OUT OF SPECIFICATION, NON-DETECT, INCONCLUSIVE OR QUALIFIED, OR DIFFERS FROM A PRIOR RESULT OR YOUR EXPECTATION;
• (e) ANOTHER LABORATORY REPORTS A DIFFERENT RESULT;
• (f) A REGULATOR, MARKETPLACE, RETAILER, AUDITOR, CLINICIAN, CUSTOMER OR OTHER THIRD PARTY WILL NOT ACCEPT A REPORT, OR YOU CANNOT USE IT FOR A PARTICULAR PURPOSE; OR
• (g) TESTING CONSUMES OR ALTERS THE SAMPLE.
Insufficient material. If too little material prevents a test, we will offer choices, such as sending more material, or removing the unperformed test and refunding its fee.
Outside-Service-Window remedy. If we have issued neither a report nor a Qualified Outcome for an Affected Test by the end of its Service Window, after accounting for Customer Holds and extensions, you may notify us in writing (email or your account). We then have 15 business days to do one or more of the following:
• complete the test;
• document a hold or extension that moves the window;
• rerun it, use an alternative method, or send it to an Outside Laboratory;
• issue a Qualified Outcome;
• give you an account credit up to that test's fee.
If we determine that we cannot provide any contracted deliverable for that test, we refund the fee you paid for that test. We will also give any refund that non-waivable law requires. This is a remedy for permanent failure to complete. It is not a refund for delay.
Analytical review. If you believe a report contains a material analytical error, tell us promptly and while retained material remains (Section 13). Include:
• the accession number;
• the disputed result and why you think it is wrong;
• any comparison data you have.
A comparison is most informative when it uses the same retained material, or a documented split of it, tested by a comparable method. A different vial, lot, preparation or storage history is not presumed identical.
We may do any of the following:
• review calculations, raw data, integrations, controls and Outside Laboratory records;
• rerun retained material, or use a confirmatory or alternative method or another laboratory.
If we find a material error, we will issue a corrected or superseding report, or retract the report. If an error attributable to us cannot reasonably be fixed by correction, rerun or a replacement report, we will credit or refund up to that test's fee. The review does not require us to adopt another laboratory's conclusion.
Courtesy. We may voluntarily give a credit, rerun or refund. A courtesy does not amend this agreement or set a precedent.
No remedy under this Section includes the value of the sample, replacement inventory, recall costs, lost sales or profit, or other consequential loss (Section 27). Refunds go back through the original payment provider where supported and may take provider processing time.
19. Payments, wallets, financing and cryptocurrency
Payment. Pay the amount shown on your order or invoice by its due date. Credit terms must be agreed in writing. Payment is complete when the provider confirms settlement. Bank-based methods may take several business days. You authorize only the amount presented and any later charge you separately approve. We may hold unperformed work or unreleased reports for an unpaid invoice.
Providers and financing. Card, wallet, bank and financing providers (for example, Klarna) are independent and have their own terms. We do not decide financing eligibility.
Cryptocurrency. For stablecoin or other supported cryptocurrency checkout:
• follow the processor's exact asset, network, address and timing instructions;
• an unsupported asset or network can cause an unrecoverable loss;
• we will never ask for your seed phrase or private key;
• prices are in US dollars, and any refund is the dollar amount due under these terms.
Billing disputes. Contact us promptly about a billing error. You keep your lawful cardholder, bank, financing and consumer dispute rights. Contacting us first is encouraged but is not a condition of those rights. A good-faith dispute is not fraud. Do not knowingly claim that an authorized charge was unauthorized, or that no service activity occurred when records show otherwise. We may provide accurate order, acceptance, shipping and testing records to resolve a dispute.
20. Reports, publication, conformity and corrections
A report states only the analytical information it contains, for the exact sample and lot identified.
Publication. Every certificate we issue is published to our public verification library, pass or fail, and an order cannot opt out. A public certificate shows the product, lot, results and methods, and whatever client attribution you choose. Orders accepted under an earlier version keep the publication choice made on them. The verification record for an authentic report can show whether it is current, amended, superseded or retracted. We may disclose information when the law requires it, or where reasonably needed to address forgery or misuse.
Conformity statements. "Pass", "Fail", "Conforms" and similar statements compare a result against the specification and decision rule named on the order or report, and nothing more. You are responsible for identifying the specification unless we supply one as part of the service.
Corrections. We may correct clerical errors, add qualifications, correct a result after investigation, or issue a superseding or retracted report, keeping an audit trail. Once notified, do not present a superseded or retracted report as current.
Confidentiality. We protect your unpublished information and use it only to provide, secure and improve the service, meet legal obligations, or as you authorize. We may use de-identified or aggregated data for quality control, method improvement, fraud prevention and statistics that do not identify you or your formulations.
21. Certificate integrity, marks and verification
You may share an authentic report in full and unaltered, with its accession number and verification link, for the exact sample and lot tested. Do not do any of the following:
• crop out qualifications or change results, dates, the performing laboratory or branding;
• apply a report to another product, lot, batch or unit;
• imply an accreditation, endorsement, safety approval or scope that the report does not state.
Any licence to use a GSA badge, widget or mark is limited, non-exclusive, revocable, and tied to the stated report, lot and its current status. An integration must reflect updated status and must not keep showing a cached passing badge.
If we reasonably suspect forgery, alteration, wrong-lot use, false accreditation claims or other misuse, we may:
• ask for the information reasonably needed to investigate;
• correct our public record;
• revoke a mark licence;
• tell an affected marketplace, platform, payment provider or authority the accurate status of an authentic report;
• pursue legal remedies.
Send suspected misuse to team@goldstandardanalytics.com.
22. Storefronts, plugins, APIs, portals and assistants
Storefront connections. Connect only a storefront you own or are authorized to administer. With your authorization, the GSA WooCommerce plugin can sync product names, SKUs, variation attributes and your testing selections into your GSA account. It does not authorize payment, submit samples, certify products, or transfer your customers' order or payment data.
Review imported products, compound mapping, lots, sample counts and tests before you submit. A store listing is information you supply. It is not proof of identity, legality or analytical scope. An old certificate must not be attached to an untested lot.
Digital services. Portals, APIs, plugins, verification tools, notifications, and our chat, SMS, Telegram and phone assistants may be delayed, interrupted or temporarily inaccurate, and may depend on third-party services.
A portal status, automated message, chatbot or phone-assistant answer, API field or queue estimate does not amend an accepted order or create a commitment. Only an order change we expressly confirm does. Keep your credentials and API keys secure. Disconnecting an integration stops future syncing but does not delete orders, signed terms or required laboratory records.
23. Group testing, equipment and marketplace
Group testing. A group-testing campaign discloses its own target, deadline, funding method and cancellation rules. Contributions follow the funding method shown: charged now with a refund if the campaign does not proceed, or authorized now and captured later where explicitly offered. No contribution buys a favorable result.
Equipment. Equipment listings state the seller, condition, included items, price, shipping and any return or warranty terms. Used or unverified equipment is not represented as calibrated or fit for a regulated use unless the listing says so. Third-party sellers must be authorized to sell, and marketplace transactions are also subject to the separately accepted marketplace agreement.
24. Intellectual property and data
You keep your formulations, specifications, trademarks and other pre-existing intellectual property. By submitting material you allow us, and any performing laboratory, to handle, photograph, transport, store, analyze, consume, document and dispose of the physical sample as needed to provide the service.
We keep our methods, workflows, software, algorithms, report formats, APIs, databases, know-how and marks. Buying a service gives you only the right to use an authentic report lawfully and in line with these terms.
Where offered, raw files, chromatograms, photographs, intake media or data packages depend on the test, the performing laboratory, the storage period and your order. Outside Laboratories may not provide files in the same form or scope as ours. Providing raw data does not expand any warranty.
25. Your decisions; no third-party reliance
You decide, not GSA, whether to do any of the following with a product:
• make, formulate, release or reject it;
• recall, buy, sell or advertise it;
• distribute, administer or dispose of it.
Weigh any result together with sampling, uncertainty, your controls, applicable regulations and professional advice.
Viewing or receiving a report does not give anyone other than you a contractual right, or any professional duty owed by us, unless the law provides otherwise. A public verification page confirms the status of our record. It is not a warranty to every viewer.
26. Warranty disclaimer
EXCEPT FOR OUR PROMISE TO PERFORM THE ACCEPTED WORK WITH COMMERCIALLY REASONABLE LABORATORY PRACTICE AND REASONABLE PROFESSIONAL CARE, THE REMEDIES IN SECTION 18, AND RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICES, REPORTS, WEBSITE, PORTAL, SOFTWARE AND INTEGRATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSOLUTE ACCURACY, PRECISION, COMPLETENESS, REPRODUCIBILITY, ERROR-FREE OPERATION, SAFETY, EFFICACY, REGULATORY ACCEPTANCE, AND FITNESS OF A RESULT FOR ANY DOWNSTREAM DECISION.
No statement by staff, an Outside Laboratory, the website, social media, email, text, or a chat or phone assistant creates an additional warranty unless it appears in an order-specific record signed by an authorized GSA representative.
27. Limitation of liability
OUR FEES PAY FOR ANALYTICAL SERVICES. THEY ARE NOT INSURANCE AGAINST THE VALUE, SAFETY, LEGALITY, MARKETABILITY, REGULATORY STATUS OR RECALL RISK OF YOUR PRODUCT. THIS ALLOCATION OF RISK IS A MATERIAL PART OF THE BARGAIN AND IS REFLECTED IN OUR PRICES.
TO THE FULLEST EXTENT THE LAW ALLOWS, THE TOTAL LIABILITY OF GSA AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS AND OUTSIDE LABORATORIES ARISING FROM AN AFFECTED TEST, WHETHER IN CONTRACT, WARRANTY, STATUTE, RESTITUTION OR TORT, INCLUDING CLAIMS BASED IN WHOLE OR IN PART ON GSA'S OWN ORDINARY NEGLIGENCE, WILL NOT EXCEED THE TESTING FEE YOU ACTUALLY PAID FOR THAT AFFECTED TEST.
TO THE FULLEST EXTENT THE LAW ALLOWS, NONE OF THEM IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY OF THE FOLLOWING, EVEN IF FORESEEABLE OR IF WE WERE ADVISED OF THE POSSIBILITY:
• LOST PROFITS, REVENUE OR SALES;
• LOST OPPORTUNITY OR GOODWILL;
• BUSINESS INTERRUPTION;
• RECALL OR MARKET-WITHDRAWAL COSTS;
• REFUNDS TO YOUR CUSTOMERS;
• LOST OR DEVALUED INVENTORY, OR REPLACEMENT PRODUCT;
• MANUFACTURING OR DISTRIBUTION LOSS;
• LOSSES FROM A RELEASE OR HOLD DECISION;
• REPUTATIONAL HARM.
These limits do not apply to any of the following:
• liability finally determined to result from our fraud, willful misconduct or gross negligence;
• liability the law does not allow us to limit;
• the remedies in Section 18.
They do not waive non-waivable rights under the Texas Deceptive Trade Practices–Consumer Protection Act or other consumer-protection law. If part of this Section cannot be enforced in a particular case, it applies to the fullest lawful extent.
28. Indemnity (business customers only)
To the extent the law allows, a business customer will defend, indemnify and hold harmless GSA, its members, managers, employees, agents and Outside Laboratories from third-party claims, penalties, judgments, settlements and reasonable defence costs, to the extent they are caused by any of the following:
• (a) the customer's unlawful possession, shipment, sale, distribution or handling of a sample or product;
• (b) an undisclosed hazard;
• (c) materially false sample, lot, composition, hazard or intended-use information;
• (d) the customer's manufacture, sourcing, labeling, advertising, sale, distribution, dosing, administration or other downstream use of a product;
• (e) the customer's safety, efficacy, clinical, regulatory, accreditation, endorsement or conformity claims that go beyond the authentic report;
• (f) altering, forging, selectively editing, misattributing or applying a report to another product or lot;
• (g) customer materials or information that infringe a third party's rights;
• (h) the customer's material breach of these terms.
This indemnity does not cover GSA's own fraud, willful misconduct or gross negligence, or any liability the law does not allow to be shifted.
We will give prompt notice and reasonable cooperation at your expense. You may control the defence with qualified counsel. You may not settle a claim in a way that requires us to admit wrongdoing, or to take on an unindemnified payment or a material non-monetary obligation, without our written consent.
A business customer is responsible for insurance appropriate to its products and activities.
29. Force majeure; suspension; legal requests
Force majeure. Neither party is liable for delay or failure to perform, other than paying money already owed, to the extent it is caused by events beyond its reasonable control. Examples include:
• hurricanes, floods, fire and severe weather;
• epidemics;
• war, terrorism and civil unrest;
• government orders;
• carrier or customs disruption;
• utility or telecommunications failure;
• cyberattack despite reasonable safeguards;
• building emergencies;
• critical reagent or reference-standard shortages;
• unexpected equipment failure despite reasonable maintenance;
• an Outside Laboratory shutdown;
• labor disruption.
The affected Service Window is extended for the disruption plus a reasonable restart period. We may transfer work to an Outside Laboratory to reduce delay. Force majeure never lets us keep payment indefinitely for a test we permanently cannot provide; Section 18's Outside-Service-Window remedy still applies after extensions.
Suspension. We may refuse, suspend or end service for any of these reasons:
• illegality or safety;
• sanctions, controlled-substance or import/export limits;
• hazard non-disclosure;
• fraud or non-payment;
• security risk or abusive conduct;
• interference with laboratory operations;
• misuse of reports;
• an inability to perform the work responsibly.
If this results from your breach, you are not reimbursed for work performed or costs already committed. Any unused payment is handled under these terms and applicable law.
Legal requests. We may preserve or disclose samples, data, records and communications as reasonably required by subpoena, court order, regulation, law enforcement or other law. Where lawful and practical, we will tell you.
30. Governing law
Texas law governs these terms, without regard to conflict-of-law rules, except where mandatory law that protects you requires otherwise.
31. Disputes, forum and jury waiver
Contact us first. Before filing suit, please send a written description of the dispute to team@goldstandardanalytics.com, with the order or accession number, and allow a reasonable time to resolve it. This does not stop a statutory deadline, a lawful payment dispute, a regulatory complaint, or urgent relief. There is no mandatory arbitration unless the parties sign a separate arbitration agreement.
Forum (business customers only). Disputes arising from or relating to these terms, an order, a sample, the services or a report will be brought exclusively in the state courts in Harris County, Texas, or the federal courts for that county. Each business party consents to those courts and waives objections based on inconvenient forum or venue, to the extent lawfully waivable. This does not override a mandatory statutory venue rule. For consumers, mandatory venue rights apply.
JURY-TRIAL WAIVER (BUSINESS CUSTOMERS ONLY). TO THE FULLEST EXTENT THE LAW ALLOWS, GSA AND EACH BUSINESS CUSTOMER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, CLAIM OR COUNTERCLAIM ARISING FROM OR RELATING TO THESE TERMS, AN ORDER, A SAMPLE, THE SERVICES OR A REPORT. EACH PARTY ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT. A business customer confirms this waiver separately, with their initials, when ordering.
32. Consumer rights
If you are a consumer, or otherwise have non-waivable statutory rights, nothing in these terms removes, shortens or waives them. THESE TERMS ARE NOT A WAIVER OF RIGHTS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES–CONSUMER PROTECTION ACT. Any term that cannot lawfully apply to you is limited only as far as necessary. This includes a disclaimer, limit, indemnity, refund restriction, forum clause or jury waiver.
33. Electronic records, signatures and communications
You agree that orders and these terms can be formed and signed electronically. Each of the following counts as your signature to the extent the law allows, when made with intent to agree:
• a typed or drawn signature;
• ticking an unticked acceptance box;
• clicking "Accept terms and pay";
• another affirmative electronic act.
We record the following with your acceptance, and email you a copy of the accepted terms and your order acceptance that you can keep:
• your name, entity, email and account;
• the order number and customer type;
• the date and time;
• the exact terms version and its SHA-256 content hash;
• the checkout disclosure version;
• your IP address and browser information.
Your acceptance history is always available in your account.
Merely visiting a page, scrolling or importing a product is not a signature. Use a device and browser that can display and save these records. Ask us for an alternative if you cannot use electronic records. Withdrawing consent to electronic contracting for the future does not undo completed agreements.
Transactional notices go to the contact details on your order, so keep them current. Marketing and SMS permissions are separate choices. Verifying a phone number is not consent to marketing.
34. Changes and general terms
Changes. We may publish new versions of these terms for future orders. A new version applies to an existing order only if you expressly accept it. Order-specific changes need a written or electronic record accepted by both parties.
Assignment and subcontracting. You may not assign an order without our consent where doing so would materially change our obligations or exposure. We may assign these terms in a merger, reorganization, financing or sale of the relevant business. Using an Outside Laboratory is subcontracting, not assignment.
Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, fiduciary, employment or healthcare-provider relationship. Except for the protected persons named in Sections 27 and 28, there are no third-party beneficiaries.
Severability and waiver. If a provision is unenforceable, it is limited or reformed only as far as necessary and the rest continues. Failing to enforce a provision once does not waive it.
Entire agreement. The documents in Section 2 are the whole agreement for an order. They supersede earlier proposals, emails, statements and marketing descriptions to the extent those conflict with the accepted scope. Nothing here permits deceptive advertising or removes non-waivable liability.
Survival. Provisions that by their nature should survive completion or termination do so. These include payment obligations, confidentiality, intellectual property, report integrity, liability limits, indemnity, dispute terms and records.