Terms and Conditions of Instrumental Analysis Services
the preceding paragraph if such samples are poisoned, illegal orArticle 1. Purpose

may damage the facility, or the Technical Employee judges

These Terms and Conditions are the basic agreement between Hokkaido

unacceptable due to any other legitimate reasons.

University (hereinafter referred to as “the University”) and the party

3.

If any health and safety precautions, toxicity, or pharmacologicalrequesting instrumental analysis (hereinafter referred to as theactivities is known regarding any samples to be provided based on“Outsourcer”) necessary for the University to conduct services such as

paragraph 1, the Outsourcer shall disclose such information to theanalysis requests (hereinafter called the “Service”) that the University

University.

accepts from the Outsourcer based on Article 2 (4) and (5) of the4.

Unless otherwise specified and approved by the TechnicalRegulations of Consigned Analysis/Processing by Hokkaido University

Employee, the University shall not return any samples provided by

Creative Research Institution Global Facility Center (hereinafterthe Outsourcer.

referred to as the “Regulations”) .

5.

The Outsourcer shall bear all costs necessary for the transfer andreturn of samples.

Article 2. Execution of Agreement
1.

The Outsourcer shall request for the Service by submitting theArticle 4. Implementation and Report of the Service

prescribed application form with all required items to be filled in to1.

the Executive Director of the Hokkaido University Creative
Research Institution (hereinafter referred to as the “CRIS Executive

2.

2.

When requested by the Outsourcer, the Technical Employee shallnotify the Outsourcer the expected measurement date or theThe CRIS Executive Director may approve an application for theexpected delivery date of the results. If there shall be any change in

Service only when such application is recognized to be extremely

the date notified, such change must be notified to the Outsourcer

meaningful for education and research, and will not interfere withimmediately.
3.

If it becomes impossible to conduct the Service due toInstitution Global Facility Center (hereinafter referred to as “GFC”).

unpredictable breakdown of facilities, sudden illness of theThe individual agreement of the Service shall come into effect whenTechnical Employee, natural disaster, or any other unavoidable

the Outsourcer agrees to be bound by these Terms and Conditions

circumstances, the Service may be postponed or terminated upon

and applies for the Service upon the prescribed application form,

consultation between both parties.

and such application is approved by the CRIS Executive Director.
4.

accordance to the submitted application form.

Director”).

the usual operation of the Hokkaido University Creative Research

3.

The Service shall be conducted by the Technical Employee in

4.

The University shall send to the Outsourcer the analysis results

Regardless of the outcome of the agreement, Article 6 shall bepromptly after the measurement with a prescribed shipment

applied regarding the items stated in the application form.

notification.

Article 3. Transfer and Disposal of Samples

Article 5. Analysis Charges

1.

1.

2.

The Outsourcer shall provide samples required for the Service toThe University shall provide the Outsourcer with an offer of thethe technical employee of GFC who shall be in charge of theanalysis charges and other related fees to be paid under theService

Regulation (hereinafter referred to as the “Analysis Charges”)(hereinafter referred to as the “Technical Employee”).

The University may refuse to accept any sample provided based on

based on the submitted application form.

2.

If there shall be any modification in the offered charges in thewhatsoever regarding the provided information or analysis results

preceding paragraph, the University shall promptly notify andof samples.

obtain the consent of the Outsourcer.
3.

5.

The Outsourcer shall notify the University when the Outsourcer

The Outsourcer shall pay the Analysis Charges by the due dateuses or publicize the analysis results in any research paper or

described in the invoice to be issued by the University after theconference presentation.

completion of the Services.
4.

3.

4.

In case the Outsourcer wishes to use or publicize the analysis results

If it becomes necessary for the Outsourcer to suspend the Service,

for any other purposes than provided in the preceding paragraph,

the Outsourcer shall notify the Technical Employee immediately.

the Outsourcer shall obtain the University’s prior consent.

Even if the Service is terminated pursuant to the preceding

5.

The Outsourcer shall compensate the University for any damages

paragraph, the Outsourcer must pay the Analysis Charges; provided,

incurred in relation to the violation of laws or the Regulation, or thehowever, that this shall not apply if the University has notbreach of these Terms and Conditions by the Outsourcer.

conducted the Service yet or no expenses have been incurred.

6.

The University shall not be liable for any damages incurred by theOutsourcer due to the postponement or termination of Service

Article 6. Confidentiality
1.

All information provided from the other party, and any otherB)

C)

D)

E)

7.

If the University agrees that there was an inadequacy or error to thetechnical, educational, or business information of the other party

analysis result, the University shall reconduct the Service upon

known in the course of the Service (hereinafter referred to as

consultation with the Outsourcer.

“Confidential Information”) shall not be disclosed or leaked to anyA)

pursuant to Article 4.3.

8.

If the University cannot reconduct the Service as set forth in thethird party without a prior written consent of the other party;

preceding paragraph, the University shall refund the Outsourcer toprovided, however, that this shall not apply to the following:

the maximum of the Analysis Charge.

any information required to be disclosed based on law, or order of

9.

The University makes no representation or warranties of any kind,a court or any other public institution;either express or implied, that the analysis results or the usage of

any information which is already in the public domain as of thesuch results does not interfere with the intellectual property of any

date of disclosure;third party.

any information which has entered the public domain through nofault of the receiving party after disclosure;

Article 8. Term

any information which can be proved to be already known to the1.

These Terms and Conditions shall be effective for 3 years after thereceiving party as of the date of disclosure; anddate the Service is approved by the University; provided, however,any information which is legally obtained by the receiving party

that such term may be extended or shortened for a necessary period

without being bound by any obligation of confidentiality from aupon agreement between both parties.

third party.
2．

At the disclosing party’s written request, the receiving party shall

Article 9. Consultation

dispose of all Confidential Information after the Service is

1.

completed.
3． The Confidential Information shall be used only for the purpose ofthe Service, and shall not be used for any other purposes without
the prior written consent of the disclosing party.

Article 7. Indemnity, No Warranties, and Liabilities
1.

The University shall not be liable for any and all damages related
to the usage of the analysis results.

2.

Either party makes not representation or warranties of any kindfor technical, economical, or any other matters for any reason

Any matter not stipulated in, or any question relating to theinterpretation of these Terms and Conditions shall be resolved
through consultation in good faith between both parties.
(2017.6)