All orders are accepted and shipped strictly subject to these General Terms and Conditions unless otherwise specifically waived or subordinated in writing by an authorized representative of ISOFLEX Radioactive LLC (ISO-RAD).

Order acceptance depends on compliance with these General Terms and Conditions under Louisiana USA law, which governs any contract between ISO-RAD and Customer. These Terms and Conditions may be revised by ISO-RAD from time to time; the version published at www.iso-rad.com/about-us/terms-conditions on the date of ISO-RAD’s quotation or order acknowledgment governs that transaction, unless a different version is expressly agreed to in writing by an authorized representative of ISO-RAD.

Pricing remains subject to modification without advance notification. Quoted prices hold validity only for the duration specified in the quotation document, not exceeding thirty (30) days from issuance. All prices are stated in US Dollars (USD) unless the quotation explicitly designates another currency.

Delivery is FCA (Free Carrier) at ISO-RAD’s shipping point (typically the St. Rose, LA, USA facility), Incoterms® 2020, unless otherwise agreed in writing.

Quoted prices exclude shipping charges, which are calculated and finalized upon dispatch. Costs encompass inbound transport, import, customs, handling and delivery. Federal, state and local taxes are additionally the customer’s responsibility, whether collected by ISO-RAD or paid directly by the Customer. Quoted prices likewise do not include any duties, tariffs or similar governmental import charges of any kind, which are addressed separately in “Tariffs, Duties, and Trade Measures” below.

Where Customer claims exemption from sales, use or similar tax, Customer shall provide ISO-RAD with a current, valid exemption certificate; ISO-RAD may rely on that certificate without independent verification, and Customer shall indemnify ISO-RAD for any tax, interest or penalty resulting from reliance on an inaccurate or expired certificate.

Customer acknowledges that ISO-RAD imports certain products, including radioactive sealed sources, from non-US manufacturers, and that such products may become subject to US import duties, tariffs or other trade-related charges that are outside ISO-RAD’s control and that may be imposed, increased, modified or newly applied at any time, including after a date of quotation, order acceptance or shipment. These may include, without limitation, ordinary customs duties, antidumping or countervailing duties, or additional duties or surcharges imposed under any trade law or authority, including Section 301 of the Trade Act of 1974, Section 232 of the Trade Expansion Act of 1962, the International Emergency Economic Powers Act, or any successor or similar authority (collectively, “Tariffs”).

If a Tariff applicable to an order is imposed or increased or becomes newly applicable to the goods on that order at any time on or before delivery — including after ISO-RAD’s acceptance of Customer’s purchase order — ISO-RAD may, at its option, invoice Customer for the amount of that Tariff as an addition to the shipping/customs charge for that order, or, where the order has not yet shipped, issue a revised price reflecting the then-current Tariff. Customer shall pay the additional amount under the same payment terms applicable to the underlying order. ISO-RAD will provide reasonable supporting documentation for any such charge upon Customer’s written request.

If a customs authority assesses, reassesses or increases duties on an order after delivery — including as a result of an audit, post-entry review, reliquidation, or change in tariff classification or duty rate — Customer remains liable for the additional amount and agrees to reimburse ISO-RAD, within the payment terms stated on ISO-RAD’s invoice, for that amount.

ISO-RAD will use commercially reasonable efforts to notify Customer of a known or anticipated Tariff impact before shipment, where feasible. ISO-RAD’s right to invoice for Tariffs under this section is not conditional on advance notice; and any delay in, or omission of, such notice does not waive that right.

A price increase or additional charge resulting from a Tariff under this section does not, by itself, entitle Customer to cancel, reject or return the affected order; any cancellation, rejection or return remains subject to “Order Cancellations, Returns, and Refunds” below. This section supplements, and does not limit, ISO-RAD’s rights elsewhere in the “Pricing, Shipping, Taxes and Duties” section.

All orders are typically shipped via air courier, unless otherwise specified. Customers must supply explicit instructions identifying the receiving person or department. International shipments arrive at destination airports. Customer shall provide complete receiving instructions, as well as any license, permit or import documentation required for Customer to lawfully receive the shipment, sufficiently in advance of the scheduled shipment date; ISO-RAD may delay shipment, without liability, until it receives such information.

All quoted scheduled shipment dates are approximate and are subject to delays caused by fire, strike, or other labor disturbances; acts of God; shortages of material; failure of supplier to satisfactorily meet scheduled deliveries; export or import restrictions; sanctions; denial or delay of a required government license or authorization; newly imposed or increased tariffs affecting the availability of source material; or any other factor or event beyond ISO-RAD’s reasonable control.

Shipments are fulfilled using FCA – ISO-RAD shipping point, St. Rose, LA, USA (Incoterms® 2020), with title/risk transfer when the goods are handed to the carrier (e.g., FedEx) at ISO-RAD’s shipping point. Customer is responsible for promptly arranging receipt of goods from the carrier upon arrival and for its own compliance with applicable radioactive-material receiving, storage and licensing requirements from that point forward.

ISO-RAD may arrange shipment as a courtesy (typically via FedEx). ISO-RAD may prepay freight and add the freight cost to Customer’s invoice.

Default carrier coverage applies only; supplemental insurance requires customer request and payment. Because risk of loss passes to Customer at ISO-RAD’s shipping point as described above, Customer is solely responsible for confirming that available carrier coverage is adequate for the value and regulatory classification of the shipment, and for requesting supplemental insurance where it is not.

ISO-RAD may arrange logistics, but in no event shall ISO-RAD be liable for consequential or other damages for any delay in delivery.

Net payment in United States dollars (USD), unless otherwise specified in writing, is due fifteen (15) days from date of invoice. Interest at the rate of 10% per annum shall be charged from the 16th day following invoice date on any outstanding balances, to date of receipt of good funds in ISO-RAD’s bank account.

All bank transfer fees, including intermediary bank charges, are the responsibility of Customer. Additionally, Customer shall be liable for any costs of collection incurred by ISO-RAD, including reasonable attorneys’ fees.

ISO-RAD reserves the right to demand cash in advance on any sale. If Customer fails to pay any invoice when due, ISO-RAD may, without liability, suspend or delay performance of any other pending or future order from Customer until the outstanding balance, including accrued interest, is paid in full.

Customer acknowledges that ISO-RAD shall retain a valid and enforceable lien interest on all goods delivered until payment in good funds has been received. Customer grants ISO-RAD a purchase-money security interest in the goods sold under each order to secure payment in full, and authorizes ISO-RAD to file UCC financing statements and other instruments necessary to perfect that interest under the Louisiana Commercial Laws (La. R.S. 10:9-101 et seq.) or other applicable law.

All sales by ISO-RAD are final – non-cancellable, non-returnable and non-refundable – for both US and international customers. Customer acknowledges that goods are custom-made or allocated per order and that radioactive materials continuously decay, irreversibly reducing value and precluding resale.

This policy applies regardless of payment terms. ISO-RAD may begin procurement/production upon order acceptance. Customer’s obligation to pay the full contract price is absolute and not subject to setoff or contingencies (e.g., loss of funding, permitting/licensing delays, or project changes).

When shipment faces delays, deferral or refusal due to Customer action or omission — including missing licenses, permits, receiving instructions, or non-payment — ISO-RAD may exercise options: (i) invoice the full price as immediately due and deem the goods delivered under “Payment and Impairment of Credit”; (ii) store the goods at Customer’s sole risk and expense (including storage, handling, security and insurance); and/or (iii) charge Customer for decay-related loss and any re-manufacture/re-certification/re-testing/re-packaging needed to meet the original specifications at a later shipment date.

Returns are prohibited except with ISO-RAD’s prior written authorization solely for warranty evaluation under “Warranty Matters”; unauthorized returns will be refused or disposed of at Customer’s expense.

Cancellations or modifications accepted in writing incur a charge of 100% of the price for goods already manufactured, customized, allocated or certified (“committed goods”); for any other goods, the charge will reflect ISO-RAD’s incurred costs plus a significant restocking fee. A price adjustment invoiced under “Tariffs, Duties, and Trade Measures” above is not, by itself, a cancellation, modification or refusal of an order under this section.

As a customer service accommodation, ISO-RAD may authorize the return of decayed Ritverc-manufactured sources, only in connection with the purchase of a replacement Ritverc source, on a one-for-one exchange basis. ISO-RAD’s agreement to accept a decayed source under this process is discretionary and may be declined or conditional, including where the returned source does not meet ISO-RAD’s shipping, packaging or activity criteria for return.

ISO-RAD is not authorized to accept for return a source manufactured by any other manufacturer.

When authorized, Customer must return the decayed Ritverc source in the same packaging in which it was received, ship it to ISOFLEX Radioactive LLC, 108 Teal Street, St. Rose, LA 70087 USA, and include copies of the original source paperwork (decay graphs and source certificates).

This process does not constitute a product return for refund/credit and does not modify ISO-RAD’s “final sale” policy unless ISO-RAD expressly agrees otherwise in writing.

All sealed-source goods shipped are accompanied by an ISO-RAD Sealed Source Certificate. The analysis is specific to the actual lot of sealed sources shipped and is not a general specification, unless so stated. Customer is responsible for reviewing the Sealed Source Certificate upon receipt and confirming that it corresponds to the goods received before placing the source into use.

Hazardous materials require handling by qualified, trained personnel only. A radioactive material license is required for any order of radioactive material from ISO-RAD.

A Customer ordering such hazardous materials represents and warrants that: (a) it is fully aware of the health and safety hazards associated with the handling of such ordered materials; (b) it has in place the necessary industrial hygiene controls to protect its employees from such health and safety hazards; and (c) it understands and acknowledges applicable government regulations, including without limitation regulations of the US Nuclear Regulatory Commission or the applicable Agreement State; the US Department of Transportation; and, for air shipments, the IATA Dangerous Goods Regulations; and the need to adequately warn its employees of the health and safety hazards associated with such materials.

Before shipment, Customer shall provide ISO-RAD with a copy of Customer’s current, applicable radioactive materials license or equivalent authorization, covering the isotope, chemical/physical form and quantity ordered. Customer shall promptly notify ISO-RAD of any change, suspension, expiration or revocation of that authorization. ISO-RAD may rely on the license information Customer provides and may refuse, delay, or condition shipment if it cannot verify Customer’s authorization to receive the ordered material.

Customer represents that it is not, and is not owned or controlled by, a party listed on any US government restricted-, denied-, or sanctioned-party list, and that it will not resell, re-export, or otherwise transfer any goods purchased from ISO-RAD in violation of applicable US export control or economic sanctions laws, including the Export Administration Regulations and regulations administered by the US Department of the Treasury’s Office of Foreign Assets Control.

ISO-RAD may refuse, suspend, delay or cancel any order, without liability, to the extent ISO-RAD determines in good faith that fulfilling it would violate, or create a material risk of violating, applicable export control, import or sanctions laws. Customer is solely responsible for obtaining any export or re-transfer authorization required for its own subsequent use, transfer, or disposition of the goods.

ISO-RAD warrants to Customer, for a period of thirty (30) days after the materials are received by Customer (“the Warranty Period”), that its products meet the specifications described in the Sealed Source Certificate(s) accompanying shipment of goods purchased.

ISO-RAD does not guarantee any end-use results for any of its products. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ISO-RAD MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

All claims for errors, defects, or damaged materials against ISO-RAD must be made by Customer in writing during the Warranty Period. Any claims not satisfying this condition shall be deemed waived.

ISO-RAD’s warranty obligations are limited to replacing defective materials, or allowing credit, at ISO-RAD’s option, provided the Customer gives ISO-RAD prompt notice of the defects during the Warranty Period, and, if required by ISO-RAD, returns the goods to ISO-RAD.

No claim will be allowed by ISO-RAD for any materials claimed by Customer to be defective or unsuitable unless ISO-RAD is permitted to examine the product before final use or processing by Customer. All errors, defects, or damaged materials claimed by Customer must be confirmed by ISO-RAD’s inspection.

When parties cannot resolve disputes amicably, the goods in question may be examined by a third party acceptable to both ISO-RAD and Customer and whose opinion shall be conclusive for purposes of perfecting or rejecting Customer’s claim.

Goods returned without permission of ISO-RAD will not be accepted for credit and will be returned freight collect to Customer. ISO-RAD shall have the right to remedy such defects at such time or times as may be reasonable.

Customer’s exclusive remedy, for any cause or claim whatsoever, including but not limited to alleged breach of warranty, product liability, negligence or otherwise, shall be for money damages in an amount not to exceed the purchase price paid by Customer for the product with respect to which the claim is made. In no event shall ISO-RAD be liable for special, incidental or consequential damages, whether Customer’s claim is in contract, for negligence, strict liability or otherwise.

In consideration of the sale of the product to Customer, which sale ISO-RAD would not otherwise make, Customer agrees to indemnify and hold ISO-RAD harmless from all claims, expenses, losses and liability of any nature whatsoever arising out of Customer’s purchase, handling and/or use of the product, whether used alone or in combination with any other substance, except to the extent such claims, expenses, losses or liability are caused by ISO-RAD’s gross negligence or willful misconduct.

In accepting a quotation and subsequent delivery of product(s) from ISO-RAD, Customer agrees that any unresolved controversy or claim arising out of or relating to such quotation and subsequent delivery, or other alleged breach or failure on the part of ISO-RAD, shall be settled by binding arbitration conducted in New Orleans, Louisiana, unless otherwise agreed in writing between the parties.

Arbitration shall be conducted in accordance with, and by a single arbitrator appointed pursuant to, the Rules of the American Arbitration Association in effect at the time. Discovery pursuant to Louisiana Binding Arbitration Law, Revised Statutes, Title – Civil Code – Ancillaries RS9:4201, shall be available to the parties.

Judgment upon an award rendered pursuant thereto shall be binding and final and may be entered in any court having jurisdiction. Any judicial proceeding permitted under this section, including a proceeding to compel arbitration or to confirm, modify, or vacate an arbitration award, shall be brought exclusively in the state or federal courts located in Orleans Parish, Louisiana; and each party consents to the personal jurisdiction of those courts for that limited purpose.

Notwithstanding any provision of the rules or statutes mentioned above to the contrary, the failure of any party to appear at or participate in any hearing or other portion of any arbitration proceeding pursuant to this section shall not prevent any such hearing or proceeding from going forward, and the arbitrator is empowered to make a decision and/or to render an award ex parte which shall be binding on that party as though that party had participated fully in the hearing or proceeding.

Each party involved in any arbitration proceeding pursuant to this section shall pay its own expenses in connection therewith. The cost of conducting the arbitration proceeding shall be borne by the losing party.

Entire Agreement. These Terms and Conditions, together with the applicable ISO-RAD quotation and order acknowledgment, constitute the entire agreement between ISO-RAD and Customer regarding the goods ordered and supersede any prior or contemporaneous proposals, negotiations, or agreements, written or oral, on that subject. Any term proposed in Customer’s purchase order or other document that adds to, varies from, or conflicts with these Terms and Conditions is rejected and has no force or effect unless expressly accepted in writing by an authorized representative of ISO-RAD.

Severability. If any provision of these Terms and Conditions is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

No Waiver. ISO-RAD’s failure to enforce any provision of these Terms and Conditions is not a waiver of its right to do so later, and no waiver is effective unless in writing signed by an authorized representative of ISO-RAD.

Assignment. Customer may not assign or transfer any order or these Terms and Conditions without ISO-RAD’s prior written consent. ISO-RAD may assign these Terms and Conditions or any order in connection with a merger, acquisition, or sale of substantially all of its assets.

Notices. Notices to ISO-RAD under these Terms and Conditions shall be sent in writing to ISOFLEX Radioactive LLC, 108 Teal Street, St. Rose, LA 70087 USA, or [email protected], and are effective upon receipt.

Survival. Provisions of these Terms and Conditions that by their nature are intended to survive completion, expiration, or termination of an order — including Payment and Impairment of Credit, Order Cancellations, Returns, and Refunds, Warranty Matters, Export Controls, Sanctions, and Regulatory Compliance, and Dispute Resolution — remain in effect after delivery.