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Unless otherwise expressly agreed in a written contract signed by an Officer of Vartest Laboratories Inc. (“Vartest” or “us”), the following Terms and Conditions shall govern Vartest’s provision of services and preparation of test reports (“Test Report”) for a client (“Client”):

1. The findings and results in a Test Report apply only to the specific sample(s) submitted to us by the Client for testing, using the method specified herein. We assume no responsibility for variations. Unless Vartest did the sampling, it should not be inferred that these results are representative of the lot from which the sample was obtained.

2. A Test Report is not intended to constitute a recommendation or endorsement of the product tested.

3. A Test Report is for the exclusive use of the Client. Further, a Test Report is not to be used in connection with, or for the purpose of, any advertising or endorsement unless expressly authorized in writing by Vartest.

4. In preparing a Test Report for its Clients, Vartest is acting solely as an independent contractor, and under no circumstances shall Vartest shall be deemed to be an agent, joint venturer, partner, fiduciary or legal representative of the Client. Additionally, under no circumstances shall Vartest be deemed to be a technical advisor to the Client, unless expressly agreed in a separate contract signed by the Client and an Officer of Vartest.

5. In the event that it is proven that a Test Report was inaccurate and that the inaccuracy was caused by the act or default of Vartest, the liability of Vartest shall be limited to refunding to the Client the fee paid by the Client for such Test Report. Under no circumstances whatsoever shall Vartest be liable to compensate or indemnify the Client or any third party, for or in respect of, any consequential, special, indirect, punitive or exemplary damages, whether arising out of an allegedly inaccurate Test Report or for any other reason.

6. Unless otherwise agreed to in writing, Vartest will discard all test samples after 30 days and all Test Reports after 1 year.

7. An asterisk (*) next to a test description in a Test Report indicates that the test, or portions of the test, were performed by another laboratory facility.

8. Payment Terms: Net 10 days.

9. Vartest shall use its best efforts to hold in confidence and use only for the benefit of the Client such information which the Client discloses to Vartest and advises Vartest is to be treated as confidential and proprietary information of the Client.