Schedule of Services

1. Scope of SERVICES: Armstrong Forensic Laboratory, Inc. “ARMSTRONG” shall perform such SERVICES as specifically requested by the CLIENT and which ARMSTRONG accepts. “SERVICES” mean the specific analytical, investigative or other SERVICES performed by ARMSTRONG as set forth in ARMSTRONG’S Proposal, Quote, Contract or the Client’s submitted Chain of Custody (COC). “CLIENT” refers to the person or business entity, authorizing the SERVICES. The ordering of SERVICES from ARMSTRONG, or the reliance of ARMSTRONG’S SERVICES, shall constitute acceptance of ARMSTRONG’S General Terms and Conditions for SERVICES applicable at time of that agreement, regardless of any previously issued document. Submission of a COC is the equivalent of a contract for SERVICES. Authorization of SERVICES through one of the listed methods will identify the Signatory as the responsible party for purposes of establishing ARMSTRONG’S CLIENT, the party to receive laboratory reports, the party responsible for invoicing, as well as information related to confidentiality and conflict of interest.
2. Proposals, Quotes and Contracts: ARMSTRONG is often requested to provide an estimate of cost for SERVICES. These estimates will be provided based on ARMSTRONG’S understanding of the CLIENT’S request and ARMSTRONG’S professional judgment with the understanding that the estimate or quote is not a maximum or fixed-fee quotation. Certain well-defined SERVICES (e.g., specific analytical tests) allow for a fixed-fee quote to be provided. It is ARMSTRONG’S policy that such fixed-fee quotes are limited to analytical services only and do not include any data interpretation or consultation time.
3. CLIENT’S Duty to Notify ARMSTRONG: All parties agree that Safety is of paramount importance. Any information available to the CLIENT concerning the proper handling or the dangerous content of samples submitted to ARMSTRONG will be provided to ARMSTRONG in a most urgent manner, to include being provided to ARMSTRONG prior to sample submission.
4. Quality Assurance: ARMSTRONG warrants that it will provide analytical testing and related SERVICES in the highest standards as specified in ARMSTRONG’S Policies and Procedures Program. Internal quality control procedures are in place and acceptability criteria have been established for routine analyses. ARMSTRONG does not warrant that analytical or consulting SERVICES provided can or will resolve all questions or concerns of the CLIENT.
5. Regulatory Requirements: ARMSTRONG will provide analytical SERVICES utilizing methods appropriate to meet the CLIENT’S specific regulatory requirements as ARMSTRONG is made aware of such requirements. Otherwise, ARMSTRONG will provide analytical SERVICES utilizing guidelines most appropriate for the specifications as understood by ARMSTRONG in accordance with ARMSTRONG’S Policies and Procedures Program.
6. Field Sampling and Assessments: The CLIENT shall provide a clear Scope of SERVICES from which ARMSTRONG will base its field sampling and site assessment recommendations. CLIENT shall be responsible for all samples and assessments of the site, materials and SERVICES performed by others to be timely and properly performed in accordance with the plans, specifications and contract documents as specified by ARMSTRONG’S recommendations.
7. Third Party Reliance: Nothing under these General Terms and Conditions for SERVICES, any Proposal, Contract or Quote shall be construed to give any other rights or benefits in this document to anyone other than the CLIENT. All duties and responsibilities undertaken will be for the sole and exclusive benefit of the CLIENT.
8. Confidentiality: ARMSTRONG’S policy on confidentiality reflects our understanding that information concerning the CLIENT’S company, samples, analyses, and results are the sole property of the CLIENT. This information is held in strictest confidence. ARMSTRONG will release reports or case information only to the CLIENT or authorized agent of CLIENT.
9. Conflicts of Interest: ARMSTRONG provides routine, as well as specialized, SERVICES for many companies, organizations and individuals in a variety of matters. As such, ARMSTRONG must retain the right to represent such CLIENTS in the future, but every reasonable effort shall be made to avoid conflicts of interest on any specific matter. ARMSTRONG’S SERVICES will be conducted in a professional manner and each specific project will be kept separate from all other work done. The submittal of samples for analytical SERVICES shall not prohibit ARMSTRONG from providing consulting SERVICES to other parties for the same matter. ARMSTRONG’S confidentiality policy shall remain in place.
10. Responsibility: ARMSTRONG’S SERVICES shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of on-site remediation or reconstruction. ARMSTRONG shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare, unless specifically listed in the Project’s Scope of Work. ARMSTRONG does not accept the responsibility for actions outside of ARMSTRONG’S direct control. ARMSTRONG is not a construction contractor or remediator. In the event of lost or damaged samples, valuation of said samples, for purposes of reimbursement, will be the cost of the media or sample container only.
11. Turn Around Time: Working Days shall be defined as Monday through Friday, 8:00 am – 5:00 pm, excluding national and state holidays. Standard turn around time (TAT) for routine analytical work shall be measured from the date of receipt for samples received before 2:00 pm (CST). Samples received after 2:00 pm (CST) shall have TAT measured from the next working day. Accelerated TATs may be requested for a surcharge. ARMSTRONG currently has three routine TAT levels to meet our CLIENT’S needs: STANDARD (7–10 working days); RUSH (3–5 working days); and PRIORITY (Dedicated attention during standard working day until the report is issued – typically 24- 48 hours but not guaranteed). Actual analytical TATs may be method restrictive. Services requiring extended evening or weekend work, such as EMERGENCY analytical requests, will incur additional Surcharges.
12. Outside SERVICES: ARMSTRONG uses a select list of qualified outside laboratories to perform analyses not available in-house, for which ARMSTRONG is not certified/licensed (when required), or in order to meet the CLIENT’S turn around time (TAT). Unless specified by the CLIENT, ARMSTRONG will select outside SERVICES based on accreditation/certification requirements, quality of work, and cost.
13. Scheduling of SERVICES: The SERVICES offered by ARMSTRONG will be accomplished in a timely, competent and professional manner. The CLIENT must be aware that some analyses have limited hold times and may require RUSH TATs to meet those requirements. If excessive quantities of samples for similar analyses are submitted over a short period, ARMSTRONG may not be able to complete all analyses within the routine time. ARMSTRONG will make every effort to notify the CLIENT when such delays are anticipated.
14. Reporting Policy: All reports that are issued via electronic transmission (e-mail, facsimile, etc) are considered preliminary. Final reports are issued with original signatures and are embossed with the appropriate Laboratory Seal. Reports delivered via e-mail will be encrypted using Adobe® Acrobat® (pdf) format or similar program.
15. Court and Witness Fees: Time spent in preparing for deposition or testimony will incur charges according to ARMSTRONG’S current Fee Schedule at the time of occurrence.
16. Insurance: A charge of $50.00 per year per policy will be assessed to the CLIENT in order to be listed as an “Additional Insured” on any insurance policy, payable in advance. This charge will be waived if the CLIENT names ARMSTRONG as “Additional Insured” on CLIENT’S policies and provides this documentation within 30 calendar days of the original request by the CLIENT. As a matter of corporate policy, Waivers of Subrogation is not available.
17. Retainer and Prepayment: Certain SERVICES or projects may require a Retainer or Prepayment. The specific terms of such an arrangement, including amount required, dispersement schedule, etc., will be established on a case-by-case basis with full agreement between both ARMSTRONG and the CLIENT.
18. Payment: CLIENTS are required to pay at the time SERVICES are requested. Invoicing with reports and/or credit is available for CLIENTS with an acceptable credit history and an ongoing relationship with ARMSTRONG. CLIENTS with an unacceptable credit history or who have had issues regarding timely payment will be considered “Cash Only” until such issues are successfully resolved. All invoices issued are due and payable upon receipt by the CLIENT. Invoices will be considered Past Due after 30 days from the Invoice Date. Finance charges of 1.5% per month may be applied to any past due accounts. If an invoice is submitted to a collection agency, all costs and legal fees associated with its collection, to the extent allowed by law, will be added to the total final amount due. Excessive concentrations or sample matrices that require specialized consideration may incur additional surcharges.
19. Failure to Pay: Failure to pay for SERVICES will render the project file the property of ARMSTRONG and will release ARMSTRONG from any CLIENT relationship regarding those SERVICES. Failure to pay for any part of an invoice will result in the automatic release of ARMSTRONG from the project as well as any potential conflicts of interest for ARMSTRONG working with future CLIENTS related to the same matter. ARMSTRONG will retain ownership and control of the file, all information, documentation, samples, evidence, work product and all other related materials. No information will be released to the CLIENT, or their representative, until payment of all invoices and resulting penalties has been settled.
20. Dispute Resolution: Given ARMSTRONG’S ongoing relationship with its CLIENTS, and based on our experience, we anticipate that all disputes will be resolved amicably. In the event of any dispute or controversy, regarding or arising out of the services performed by ARMSTRONG and including disputes related to billing and/or invoicing, it is agreed that the same shall be subject to mediation before a mutually agreeable mediator, or one appointed by the American Arbitration Association “AAA”, if agreement cannot be reached. All unresolved disputes shall be subject to binding arbitration in Arlington, Texas. The arbitration shall be administered by the Dallas office of the AAA in accordance with its then current rules and procedures.
21. Sample Retention/Disposal: Samples will be disposed of in accordance with ARMSTRONG’S Policies and Procedures Program. Any samples or materials submitted to ARMSTRONG, which have a detectable amount of “acutely” hazardous waste will remain the property and the responsibility of the CLIENT and as such will be returned to the CLIENT at the CLIENT’S expense.
22. Documentation Retention: All documents associated with a specific Case File will be maintained in accordance with ARMSTRONG’S Policies and Procedures Program. These procedures currently meet or exceed the applicable requirements of ARMSTRONG’S accrediting agencies.
23. Termination of SERVICES: The CLIENT or ARMSTRONG may request to terminate SERVICES at any time. In the event of Termination of SERVICES, CLIENT will be invoiced for all SERVICES initiated or completed up to the date of written notification of termination. Upon termination of SERVICES, and payment of all invoices related to those SERVICES, all work product accumulated during the course of ARMSTRONG’S work with the CLIENT will be available to the CLIENT for the period of time noted in ARMSTRONG’S Policies and Procedures Program.
24. Choice of Law: These General Terms and Conditions for SERVICES, as well as all SERVICES provided by ARMSTRONG, are performed in Texas and will be construed and interpreted in a manner consistent with the laws of Tarrant County and the State of Texas.

Description of Service
Recommended Testing Evaluation and Cost Estimate

CPSIA Compliance (HR4040)
Lead in Children’s Metal Products
Lead in Children’s Non-Metal Products
Phthalates in Children’s Products (6)
BBP, DEHP, DBP, DIDP, DINP, DNOP
CPSC CH E1001-08 CPSC CH E1002-08 CPSC CH C1001-09

Lead in Paint and Surface Coatings (16CFR1303, ASTM F963-07 4.3.5)
Lead in Paint and Surface Coatings

CPSC (ASTM F963.07)
Age Grading – Packaging and Labeling Evaluation Flammability
Flammability – ASTM F963 4.2
Small Parts – ASTM F963 4.6
Sharp Edges – ASTM F963 4.7
Sharp Points – ASTM F963 4.8
Use and Abuse Processing Per Toy

Includes
Normal Use – ASTM F963 8.5
Impact Test – ASTM F963 8.7                                                                                                    Torque Test – ASTM F963 8.8
Tension – ASTM F963 8.9
Compression – ASTM F963 8.10
Flex Test – ASTM F963 8.12
Lead in Paint and Surface Coatings – CPSC CH E1003-09
Soluble Heavy Metals in Surface Coatings -ASTM F963 4.3.5.2

* Antimony, Arsenic, Barium, Cadmium, Chromium, Lead, Mercury and Selenium

California Proposition 65

Lead in Paint and Surface Coatings – CPSC CH E1003-09
Lead in Children’s Metal Products – CPSC CH E1001-08
Lead in Children’s Non-Metal Products – CPSC CH E1002-08
Lead in Children’s Jewelry – EPA 3050, EPA 6010, EPA 7000
Phthalates in Children’s Products (7) – CPSC CH C1001-09
– BBP, DEHP, DBP, DIDP, DINP, DNOP, DNHP

General Certificate of Conformity (GCC)                                                                  Secured Reference Storage (5 Years) per case                                                          Sample Breakdown for Testing

Corporate Specifications
Hasbro
Heavy Metals in Surface Coatings – SRS-012
– Antimony, Arsenic, Barium, Cadmium, Chromium, Lead, Mercury and Selenium
Heavy Metals in Paper and Fabric – SRS-047
Heavy Metals in Plastic, Metal and Wood – SRS-044
– Antimony, Arsenic, Barium, Cadmium, Chromium, Lead, Mercury and Selenium
Heavy Metals in Throw Away Packaging – SRS-082
– Cadmium, Hexavalent Chromium, Lead and Mercury
Phthalate Plasticizers (6) – SRS-046
– BBP, DEHP, DBP, DIDP, DINP, DNOP
Flammability – SRS-013

Mattel Testing
Soluble Heavy Metals – QSOP 0006-3600
– Antimony, Arsenic, Barium, Cadmium, Chromium, Lead, Mercury and Selenium
Phthalate (7) – QSOP 0006-3610
– BBP, DEHP, DBP, DIDP, DINP, DNOP, DNHP