Terms

Confidentiality: Laboratory reports and results are strictly confidential and will only be provided to the client’s addresses or e-mail addresses as directed by the client.

Data Retention: Raw data such as source video, tracking data files, photogrammetry files, spreadsheets, point clouds, and models are retained for three years after issuance of the report. Laboratory reports are retained for five years.

Limitation of Liability: It is understood and agreed that the services provided by Gyro Flight & Safety Analysis Inc. hereunder are analysis services only and the rates established herein are based solely on the cost of service and, in the case of failure to perform such service and a resulting loss, Gyro Flight & Safety Analysis Inc.’  liability hereunder, if any, shall be limited to a sum equal to the total amount paid by the customer for such testing services which sum shall be paid and received as liquidated damages whether such loss arises by reason of the failure of Gyro Flight & Safety Analysis Inc. to perform any services under the agreement or by reason of any negligence or want of skill on the part of Gyro Flight & Safety Analysis Inc., its servants, agents, or for any other reason whatsoever against Gyro Flight & Safety Analysis Inc. with respect to loss.

Indemnification: The (customer or client) shall indemnify, defend, and hold harmless Gyro Flight & Safety Analysis Inc. and its affiliated employees, officers, directors, agents and assigns, from and against any and all claims, causes of action, demands, losses, costs and expenses, liabilities, damages, settlements or judgments of any nature, including without limitation those related to the defence or investigation thereof and all lawyer fees incurred, which are attributable or connected to errors and emissions, negligence, wrongful conduct of the (customer or a client), its employees, or agents.

Warranty: Any analysis performed by Gyro Flight & Safety Analysis Inc. pertains only to the video samples as received. The representative nature of the video sample is the sole responsibility of the sender. Except as stated above, Gyro Flight & Safety Analysis Inc. makes no representation or warranty, expressed or implied, for laboratory services. Gyro Flight & Safety Analysis Inc. provides interpretation for Open Characterization analysis; however, the interpretation is based solely on the results of video sample analysis. It is provided to aid the sender in determining vehicle motion and should be used with discretion. Gyro Flight & Safety Analysis Inc. assumes no legal responsibility or liability for the manner in which the results are used as well as the quality of video samples submitted to the laboratory.

Independent Contractor: Gyro Flight & Safety Analysis Inc. is acting as an independent contractor and neither Gyro Flight & Safety Analysis Inc. or any of its employees or agents, will be considered as employees of the (customer or client).

Payment Terms: Payment terms are net 30 days for invoices. Gyro Flight & Safety Analysis Inc. reserves the right to apply a monthly charge of 1.5 percent of the unpaid balance after 30 days. Payment by either VISA or MasterCard may be accepted. Estimates are done at no charge, but a minimum lab fee of $150 applies to any other services performed.

Turnaround Time (TAT): It is Gyro Flight & Safety Analysis Inc.’s objective to meet the turnaround time requirements of our clients. Please mark the TAT requirement with video submission. Normal TAT is five working days for routine analyses. Open characterization, non-routine analyses and large volume analysis require longer TAT. Please speak to Gyro Flight & Safety Analysis Inc.’s customer service department to confirm availability for the requested rush analysis or non-routine analysis.