Terms of Sale


These TERMS OF SALE (this “Terms”) govern the testing services requested by you from Tree House Labs, LLC, an Arizona limited liability company (“THL”). By your acceptance of our services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.

  1. General Terms. These Terms govern all aspects of the Order, processing, testing, and validation of samples that you submit to THL. You acknowledge and agree that that THL may, in its sole and absolute discretion, amend these Terms by publication on its website or via other written notice; however, THL is not required to and may update these Terms without direct notice to you. Please note that all amendments to these Terms are effective immediately upon THL posting such notice on its website or upon sending of written notice.  Your continued use of THL’s testing services thereafter constitutes your acceptance of the amended Terms and agreement to be bound by them.
  2. Sample Submission. You agree to submit all samples of marijuana and marijuana products (each, a “Sample,” and collectively, “Samples”) for testing (each, an “Order”) in compliance with the guidelines and minimum sample size requirements, pricing, and other details provided on THL’s order platform (Confident Cannabis). You acknowledge we may, at our discretion, update and change our minimum sample and other requirements from time to time to comply with applicable law or otherwise to meet the needs of our business. As such, you are responsible for confirming that each submitted Sample conforms to our minimum sample requirements as provided on our website at the time of Sample submission. If you fail to comply with this section, you acknowledge and agree that you may be responsible for additional fees associated the resampling, and THL will not be responsible for any testing delays due to your failure to comply with our requirements.
  3. Pricing. THL’s pricing is published on our website and is subject to change at any time. It is your responsibility to confirm pricing before submitting each Order. Once payment has been received by THL, your Order will be processed. There is no cancellation allowed once THL has begun processing your Order. 
  4. No Modification of Order. To ensure the integrity of your test results, you acknowledge that THL will not modify any Orders after you have submitted them. It is your responsibility to ensure the accuracy of any Order at the time of submission. THL will not issue any refunds for erroneously placed Orders.
  5. Payment Policy. Prepayment is required for all testing services without exception, unless you have reached specifically agreed upon terms with THL. You acknowledge that card payment is our preference, and (with limited exceptions) you must submit payment for an Order through either debit card or credit card before we commence services on your Order. THL may, in its sole and absolute discretion, accept cash payments for Orders in excess of Seven Hundred Fifty and 00/100 Dollars ($750.00); however, you acknowledge that cash payments are not guaranteed and subject to the prior approval of THL.
  6. Turnaround Time.
    1. Standard. Excepting third-party testing and unless otherwise agreed upon, THL will generally strive to process an Order within three (3) to five (5) business days following both submission of the Order and payment. 
    2. Third-Party Testing.  THL evaluates its capabilities, resources, and capacity before work is accepted for testing. At times, when THL sees fit and necessary, it may outsource all or a portion of its testing. In such an event, THL will select from its approved list of third-party laboratories, which are labs with ISO 17025 accreditation or otherwise deemed be competent to perform such work. By submitting an Order to THL, you acknowledge that THL may submit an Order for third-party processing and does not object to any such testing. THL will strive to provide estimated turnaround times for Samples subject to third-party testing in accordance with legal requirements. 
    3. Potential Delays. Turnaround times are meant to serve as a general guide for product testing. Samples received after 12 pm during regular business hours will not be processed until the next business day. Certain conditions may impact testing turnaround time, including, but not limited to excessive sample backlog, natural disaster, laboratory remodel, staff changes, equipment failure, holiday season, etc. In the event of a delay in turnaround time, THL will attempt to notify Client of such delay and provide an estimated turnaround time for such Order in a reasonable amount of time. However, you acknowledge that THL is not responsible for missing target turnaround times and any loss suffered by you or third party due to a delay in reporting test results. 
  7. Samples.  
    1. Receipt and Storage.  Upon receipt of Samples and payment, THL will process Samples and upload Sample information into our laboratory software testing database. Analytical Samples are stored room temperature upon receipt, unless specifically requested otherwise by you and approved by THL. Storage conditions are based on the nature of the Sample. Samples will be discarded in accordance with THL’s standard operating procedures. THL will retain un-tested Samples in storage for no more than fourteen (14) days, unless longer storage is approved by THL, and you submit payment of a storage fee, to be determined by THL at the time of approval of such storage request. Alternatively, you may request that un-tested Samples be re-tested or transferred to another laboratory for a fee (as outlined in THL’s fee schedule), which must be paid before any Sample transfer.
    2. Insufficient Minimum Sample Size. You are exclusively responsible for confirming that the Samples you submit comply with our minimum sampling requirements and applicable law before submission of the Order. If you submit any Sample that does not meet our minimum sample requirements, THL will notify you of deficiency and destroy the insufficient Sample or Samples in accordance with THL’s standard operating procedures. THL may also demand additional Samples from you at an additional fee that are compliant our sampling size requirements before continuing any testing services.
    3. Chain of Custody Form. You must always fill in all necessary information on the THL chain of custody forms and other required documents in compliance with requirements under the Cannabis Laws (defined herein) at the time of Order submission. You acknowledge that THL may refuse to process any Order that provides inaccurate or missing chain of custody information.
  8. Results Review and Validation. In utilizing our services, you agree that we are not responsible for any testing error, omission, cross contamination, equipment failure, incorrect Sample submission or mishandling of Sample, or any other loss or damage to the Samples. If you desire to challenge any test results or request re-testing for validation, you must submit such request in writing to our lab director within seven 7 days of the issuance of our findings; however, you acknowledge that we may accept or deny such requests at our discretion and may use leftover samples to rerun tests. You also acknowledge that we may charge additional fees, which must be paid prior to retesting, before we provide any such services to you. 
  9. Limitation of Liability.   You agree that any liability of THL to you or any third party shall be limited to the cost of analysis charged to you. In no event shall THL be liable to Client for any exemplary, punitive, indirect, incidental, special, or consequential (including lost expenses or profits) damages arising from or in any way connected with its performance or failure to perform under that Terms, even if the affected party has knowledge of the possibility of such damages.  In addition, the liability of THL is limited in the following ways:
    1. Disclaimer of Warranty. Services delivered hereunder are “as-is.” To the maximum extent permitted by law, THL makes no representation or warranty of any kind,  and hereby expressly disclaims all other representations or warranties, express, implied, statutory, or arising from a course of dealing, usage of the trade or otherwise, including, without limitation, any representation or warranty as to merchantability, fitness for a particular purpose, or any other matter, with respect to the tested Samples or services rendered hereunder, whether used alone or in combination with any other goods, substances, processes or materials, or services
    2. Transportation of Samples.  THL shall not be liable for any loss, damage or delay during shipping, delivery, or transportation of Samples, or for any damage or loss resulting from natural disasters, theft, acts of god, building issues, or calamities that were not reasonably foreseeable and that damage or affect product Samples, equipment, and testing processes. 
    3. Use of Data. While THL will take reasonable efforts to maintain the confidentiality of your information, THL shall not be liable for online or offline stolen data concerning or related to the testing services requested hereunder, without limitation, customer information, test records, Sample records, or any other related electronically or physically stored information. Further, you acknowledge and agree that THL may, without penalty or restriction, use any information developed from the testing services rendered hereunder on a confidential basis for purposes of scientific research and development on testing and related processes (any findings from such research or development, the “Derived Work Products”). You further agree to disclaim any and all claim of ownership or use to the Derived Work Products, which you acknowledge lies exclusively under the ownership of THL.
    4. Variability of Product and Samples.  Due to the nature of the Samples being tested, THL shall not be responsible or liable for a variation in the Samples over time, including, without limitation, a variation of the molecular structure of the Samples. The test results provided by THL are presented as a representation of the Sample submitted at the time of testing and are not a guarantee of the nature of the Samples following your receipt of the testing results. You agree that THL will not be liable, under any circumstances, for any damage incurred by you or any third party due to a variation in the products post testing and does not guarantee the testing results of any affiliated products following the date that testing results are provided to You.    
    5. Regulatory Reporting. You acknowledge that, under the Cannabis Laws (defined herein), THL, as an accredited testing laboratory, may be required to make certain reports to regulatory agencies concerning failed test results and potentially contaminated or non-compliant products. As such, you may be required by said agencies to destroy non-compliant products, and hereby agree to and shall release THL from any liability related to such mandatory reporting.
  10. Indemnification. You agree to and shall indemnify THL from any loss, damage, cost or expense (including reasonable attorney’s fees), arising from any claim, demand, assessment, action, suit or proceeding occurring as a result of the negligence, gross negligence or intentional misconduct of Client (including any employees, agents and/or subcontractors). You further agree to indemnify THL against all liability, debts, actions, charges or claims arising out of your obligations under these Terms or your failure to comply with any statute, regulation, ordinance, or other legal authority.
  11. Confidentiality. All results, information and reports are strictly confidential and the property of the Client contracting the services of THL. We will not release any results, information or reports to a third party without your written permission. Access to THL is limited to authorized personnel and strict confidentiality is maintained in all interactions with Clients.
  12.  Restrictions on Uses of Laboratory Results and Marketing Claims. No laboratory results from THL may be used by client for any marketing purpose, or for mass public dissemination for purposes of marketing, or be placed on any website or social media, or used in any advertisement, press release, or other publicity vehicle, WITHOUT THE EXPRESS WRITTEN CONSENT OF THL. You are strictly prohibited from and shall not misleading customers or members of the press by implying that tests conducted on one production lot confer analysis results that apply to all other lots. Additionally, THL analysis data does not construe — and may not be cited as — any form of “approved” or “certification” or “accreditation” or “validation” of the safety, purity or composition of the products tested.
  13. Waiver.  The failure of THL to enforce any provision of these Terms at any time or to require at any time the performance of any provisions herein will not in any way constitute a waiver of such provision
  14. Governing Laws and Jurisdiction. Any dispute arising from the relationship between you and THL will be governed and determined exclusively under Arizona law. Any dispute that arises (whether in contract, tort or both) will be resolved exclusively in the state courts of Maricopa County, Arizona, in Phoenix, you expressly waive any right or defense you may have otherwise have to cause any such action or proceeding to be brought or tried elsewhere.
  15. Acknowledgement of Illegality. You expressly acknowledge that our testing services of “Marijuana” are contrary to the Federal Controlled Substances Act, and for these reasons our testing of these specific materials must remain strictly within the State of Arizona’s requirements and are governed by the rules and regulations created under Title  9;  Chapter  17 of  the  Arizona Department of Health Services Medical Marijuana Program, A.R.S. §§36-2801, et seq., as amended from time to time, Title 9; Chapter 18 of the AZDHS Adult-Use Marijuana Program, and A.R.S. §§36-2850, et seq., as amended from time to time (the “Cannabis  Laws”). Pursuant to such acknowledgement, you hereby waive an illegality defense under federal law to the enforceability of these Terms, and will hold THL harmless from any federal liability or prosecution concerning your marijuana related activities.
  16. Severability. If any provision of these Terms contravenes Arizona law, then such provisions should be considered separable and inapplicable, and will not affect any other provision or provisions of these Terms.