Cold Chain Technologies, LLC (“CCT”) has performed operational thermal qualification testing of a thermal packaging system to be used to transport Client’s temperature sensitive product (“Client’s Product”). To perform such testing, CCT has used (i) Client’s Product, (ii) a simulation of Client’s Product approved by client, or (iii) in the case of prequalified thermal packaging systems, a simulated product, the properties of which have been established by CCT. Such testing is conducted in a controlled, simulated environment pursuant to the protocols set forth in this report. The determination of the suitability of such protocols and such controlled, simulated environment is solely the responsibility of Client. In the case of the testing of prequalified thermal packaging systems, the determination of the similarity of the simulated product to Client’s Product is solely the responsibility of Client. Results from actual environmental and physical conditions during actual deliveries will differ from those of such controlled, simulated environment. Conditions of actual use may also affect the thermal qualities and insulating properties of the thermal packaging system. CCT warrants (i) the accuracy of the data recorded under the specific conditions of the controlled, simulated environment of its laboratory, and (ii) that the test has been performed and completed in a good and workmanlike manner. As its sole liability for breach of either of the above warranties, and Client’s sole remedy, CCT will promptly repeat without cost any test not in material compliance with either of the above warranties. Except for the foregoing warranties, there are no express or implied understandings, agreements, representations or warranties made by CCT, and CCT SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE THERMAL PACKAGING SYSTEM AND/OR PRODUCTS TESTED ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. SPECIFICALLY, AND WITHOUT LIMITATION, CCT DISCLAIMS ANY WARRANTY OR GUARANTY OF THE PERFORMANCE OF THE THERMAL PACKAGING SYSTEM AND/OR CLIENT’S PRODUCTS IN THE FIELD OR UNDER ACTUAL CONDITIONS. IN NO EVENT SHALL CCT BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR MONETARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES OR FOR LOSS OF PROFITS ARISING OUT OF OR RELATING TO (i) TESTS PERFORMED BY CCT, OR (ii) THE CLIENT’S PRODUCTS OR THE THERMAL PACKAGING SYSTEMS TESTED. The operational thermal qualification testing performed by CCT is not a substitute for properly conducted field performance qualification testing of the thermal packaging system to record whether a thermal packaging system, when properly packed-out, meets Client’s thermal packaging needs.
CCT Web Site Service
All information provided by the KoolTemp® Pack-Out Compliance Tool (the “Tool”) is provided “as is”, with no guarantee of completeness or accuracy and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchant ability and fitness for a particular purpose. CCT is not responsible for and expressly disclaims all liability for damages of any kind (whether direct, consequential, special or any other damages) arising out of the use of or reliance on any information contained in or generated by the Tool or the results obtained from the use of such information. While CCT endeavors to provide accurate information and recommendations, it cannot guarantee that the information and/or recommendations generated by the Tool are correct or complete given the innumerable variables relating to any shipment, including, without limitation, the contents of the shipment, the handling of the shipment and the weather during the shipment. By using the Tool, each user agrees to the terms hereof.