The Following Terms and Conditions (the “Terms and Conditions”) apply to all orders for laboratory testing (“Lab Testing”) submitted by an ordering customer (“Customer”) of Navis Clinical Laboratories, Inc. or a subsidiary thereof (“Navis”) pursuant to a pricing schedule provided to Customer by Navis, where Lab Testing is to be billed directly to Customer (“Pricing Schedule”). Customers who wish to have Lab Testing billed to third-party payors, including Medicare and Medicaid, should contact Navis at info@navisclinical.com.

• All Customer orders for Lab Testing to be performed by Navis will be billed to Customer at the pricing set forth on the most recently transmitted Pricing Schedule. Pricing Schedules may be updated in writing by Navis from time to time at Navis’s sole discretion.
• Lab Testing shall only be performed by Navis if the sample is accompanied by a valid order, on Navis’s electronic or hard-copy requisition form, ordered by a person authorized under applicable law to order the requested Lab Testing.
• Navis will invoice Customer at Net 30 days. With respect to all payments received more than fifteen (15) days after the date upon which payment is due, a late charge of one- and one-half percent (1.5%) per month or the maximum permissible amount permitted under the law, may be charged at Navis’s sole discretion on payments due to Navis from the due date until the date the payment is received by Navis. At Navis’s discretion, services may be terminated for late and/or non-payment.
• Navis reserves the right to increase pricing annually effective January 1 based, in part, on the change in the Consumer Price Index (CPI) as reported by the Bureau of Labor Statistics.  Such price adjustment shall be up to the CPI increase or 3% of the then current Lab Services price per year, whichever is greater.  Navis shall provide reasonable notice to Customer of any price adjustment pursuant to this provision. 
• Navis shall not bill any third-party payor, including Medicare, Medicaid, CHAMPUS, or Tricare (“Government Payors”), for Lab Testing services provided to Customer pursuant to a Pricing Schedule. Customer shall at all times abide by and comply with all applicable federal and state billing laws (anti-markup, markup disclosure and direct billing laws), and that it shall not bill Government Payors for Lab Testing performed by Navis pursuant to these Terms and Conditions. Customer shall indemnify and hold harmless Navis from and against any and all losses, claims, suits, damages, liabilities and expenses of any nature or kind, including reasonable attorneys’ fees for and against any liability or costs incurred by Navis as a result of any billing errors caused by Customer or unauthorized or inappropriate third-party billing by Customer, which shall include, but not be limited to, any direct, markup and markup disclosure state laws.
• CUSTOMER WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT AND RELATED TO BILLING FOR LAB TESTING ORDERED FROM NAVIS.
• Under no circumstances shall Navis’s liability to Customer for any loss related to the provision of Lab Testing services pursuant to a Pricing Schedule exceed the value of payments made to Navis by Customer for such Lab Testing services.