These Terms of Service (the "Terms") are an agreement between you and Horizon Analytical LLC, a Delaware limited liability company ("Horizon," "we," "us," or "our"). They apply to orders accepted on or after the effective date and govern horizonanalytical.com, the Horizon portal, certificate-verification tools, and our analytical testing services (collectively, the "Services").
By creating an account, submitting an order or sample, clicking to accept, or using the Services, you agree to these Terms. If you act for an organization, you confirm that you can bind it.
1. Orders and Services
Testing is ordered through an accepted quote, order form, online checkout, statement of work, chain-of-custody form, or similar document (an "Order"). The Order controls the sample, tests, methods, specifications, price, and estimated turnaround. These Terms control other matters unless the Order expressly says otherwise.
Horizon tests the particular sample received. A result does not by itself prove that a larger lot is representative, safe, effective, legal, approved, compliant, or suitable for human or animal use. The Services are not clinical or diagnostic testing and must not be used for patient care or medical decisions.
2. Accounts, Payment, and Timing
You must provide accurate account and order information and protect your login credentials. Orders are accepted only when Horizon confirms acceptance or begins work.
Unless the Order states otherwise, payment is due before testing begins. Approved invoiced accounts are due within 30 days. We may charge the lesser of 1% per month or the maximum lawful rate on past-due amounts and may suspend work or withhold reports for nonpayment.
Turnaround times are estimates unless the Order expressly guarantees a deadline. Sample condition, incomplete information, quality review, repeat work, shipping, subcontractors, or events outside our control may cause delay. Changes or cancellations require written approval, and you remain responsible for work completed and noncancelable third-party costs.
3. Samples and Customer Responsibilities
You own the samples and related materials you submit ("Customer Materials"). You give Horizon and approved subcontractors permission to receive, handle, prepare, test, store, transfer, and dispose of them as needed to perform the Order and comply with law.
You confirm that you are authorized to submit the Customer Materials and that all descriptions, hazards, concentrations, storage needs, and legal restrictions are accurate. You are responsible for lawful packaging, labeling, transport, import, and export.
Horizon accepts only materials described in an accepted Order. Controlled substances, hazardous materials, human-derived materials, and international shipments require prior written approval and all required licenses, permits, and shipping documentation. Patient specimens, protected health information, and patient-specific diagnostic work are not accepted under the standard Services.
We may reject, quarantine, return, transfer, or dispose of any sample that is unsafe, unlawful, damaged, leaking, mislabeled, unstable, insufficient, or outside our capabilities. Related costs may be charged to you.
4. Testing and Subcontractors
Horizon performs only the tests listed in the Order using the methods and quality controls identified in the Order or final report. Measurements may vary because of sampling, sample condition, preparation, matrix effects, equipment, method performance, and measurement uncertainty.
Horizon may use a qualified outside laboratory when needed. Sterility testing is currently performed by SD PharmLabs unless the Order identifies another provider. The Order or report will identify externally performed work, and you authorize the transfer of the sample portion and information reasonably needed for that work.
5. Reports and Public Certificates
Reports apply only to the sample and tests identified. You may use a final report for lawful business, quality, regulatory, supplier, customer, or personal purposes, but you may not alter it, remove qualifications, apply it to another lot or product, or imply Horizon endorsement, government approval, safety, efficacy, or medical suitability.
Reports and certificates are private by default. Horizon will publish a certificate or related client, product, lot, and result information only when you opt in through the Order, portal, or separate written authorization. You may later request removal of optional public information, although Horizon may preserve a minimal revision or withdrawal record to prevent misleading use.
Horizon may correct, replace, or withdraw a report. A revised report supersedes the earlier version, and you must stop using a withdrawn or superseded report after notice.
6. Retention and Sample Disposal
Horizon retains final reports, chain-of-custody records, and supporting raw analytical data for at least five years after the report date, unless a law, method, accreditation rule, Order, audit, claim, or investigation requires longer.
Testing may consume the full sample. Unless an Order states otherwise, remaining sample may be disposed of 30 days after the final report, or earlier when stability, safety, storage, or legal requirements make retention impractical. Extended storage or return must be agreed in advance and may involve additional fees.
7. Confidentiality and Intellectual Property
Each party will use reasonable care to protect the other's nonpublic business and technical information and will use it only for the Services, the agreement, or legal compliance. This does not cover information that is already public without breach, independently developed, lawfully known, or lawfully received without restriction.
You retain rights in Customer Materials. Horizon retains rights in its methods, software, workflows, templates, report formats, quality systems, and know-how. Horizon may use de-identified and aggregated service data that does not identify you, your product, or a specific sample.
8. Lawful Use
You are responsible for determining whether your materials, products, research, advertising, labeling, sale, distribution, and use comply with law. You may not use the Services or reports for unlawful controlled-substance activity, deceptive marketing, counterfeit documentation, clinical diagnosis, patient care, or claims that exceed the stated result.
Horizon may suspend or end Services when work would violate law, threaten safety, compromise scientific integrity, or materially misuse a report.
9. Limited Warranty and Result Questions
Horizon warrants that it will perform an accepted Order in material accordance with the method and quality commitments stated in the Order or report. If Horizon confirms a material laboratory error, your exclusive remedy is, at Horizon's choice, re-performance of the affected test or refund of the fee paid for that test.
Report concerns must be sent to contact@horizonanalytical.com within 15 days of delivery. Retesting depends on available retained sample, sample stability, and an agreed investigation plan.
Except for the limited warranty above and to the fullest extent permitted by law, the Services, site, portal, and reports are provided "as is" and "as available." Horizon disclaims implied warranties, including merchantability, fitness for a particular purpose, and noninfringement.
10. Limitation of Liability and Indemnity
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, punitive, or consequential damages, including lost profit, production, inventory, opportunity, goodwill, or business interruption.
Horizon's total liability arising from an Order will not exceed the fees paid for the specific Order giving rise to the claim. This limit does not apply where liability cannot lawfully be limited.
You will defend and indemnify Horizon and its personnel against third-party claims arising from Customer Materials, your product, your breach of these Terms, unlawful or misleading report use, or your failure to obtain required rights, licenses, permits, or approvals, except to the extent caused by Horizon's gross negligence or willful misconduct.
11. Changes and General Terms
Horizon may update these Terms prospectively by posting a new effective date. Changes do not alter an accepted Order unless both parties agree. Neither party is liable for delay caused by events beyond reasonable control. If part of these Terms is unenforceable, the remainder continues. Failure to enforce a provision is not a waiver.
12. Delaware Law and Contact
Delaware law governs these Terms, without regard to conflict-of-law rules. Before filing a claim, the parties will give written notice and try in good faith for 30 days to resolve it, except when urgent equitable relief is needed. State courts in New Castle County, Delaware, and the United States District Court for the District of Delaware have exclusive jurisdiction.
Horizon Analytical LLC
16194 W 45th Dr, Ste 108
Golden, CO 80403contact@horizonanalytical.com