ERA Environmental Management Solutions, hereinafter referred to as "the Company," shall designate an in-house ERA GHS expert to utilize our ERA-EHS software to provide all necessary documentation as specified in the order form for the creation of required product specification documents (SDS, CPDS, or label). Your company, hereinafter referred to as "the Customer," shall provide all necessary information, including but not limited to: Product Name and Description, product specification data (chemical names, chemical CAS, percent weights, percent weight ranges), product density, your company logo, your company contact information (informational phone number, emergency phone number, email), and physical properties for the final product, as applicable (Appearance, Color, Odor, Physical State, pH), to enable the ERA solution to perform as described in the proposal. Failure to deliver the necessary items in a timely manner may result in a delay in the delivery of the project. In such a case, the delivery date of the product will be extended for a period of time equivalent to the delay in supplying the required information.
The turnaround time for the delivery of the final product specification document(s), as determined by the package purchased by the Customer, begins at the moment the Customer provides all required information to the Company, or at 8 AM on the following business day, if the information is received outside ERA business hours (Monday to Friday, excluding national holidays, from 8 AM to 5 PM Eastern Standard Time (EST)). The turnaround time ends when the Customer receives the first draft of the authored product specification document(s) for review.
The ERA GHS team will utilize the ERA-EHS system's built-in SDS and Label Templates, which are formulated based on worst-case scenarios. However, the Customer has the capability to request to override the system and adjust input and output values. Therefore, the Company does not assume responsibility for the content of SDS and label templates or the SDS and labels generated using the ERA SDS on Demand Authoring services solution. The extent of the Company's responsibility is to provide the most accurate calculations as per applicable regulations and for the worst-case scenario as per GHS compliance requirements.
The Customer acknowledges that the Company cannot be held liable for any consequences of actions taken using these templates. The templates are available in an "as is" state, with fixed style (font, font color, layout, etc.), headers, and category names that the Customer cannot modify; the Company vouches for the templates' accuracy with GHS regulations until edited in any manner. The Customer assumes all liability for the compliance and safe use of any products manufactured using these chemical formulations. This information relates to the specific material designated and may not be valid for such material used in combination with any other materials or in any process. This information is, to the best of the Company's knowledge and belief, accurate and reliable as of the date compiled. However, no representation, warranty, or guarantee is made as to its accuracy, reliability, or completeness. No warranty of merchantability, fitness for any particular purpose, or any other warranty, express or implied, is made concerning the information herein provided. It is the Customer's responsibility to satisfy itself as to the suitability and completeness of such information for its own particular use. The Company does not accept liability for any loss or damage that may occur from the use of this information, nor does the Company offer a warranty against patent infringement.
· Evaluation is based on a body of literature rather than product testing.
o This means that the system evaluation is limited to applying GHS guidelines for evaluating mixtures based on pure chemical hazard classifications extracted from the literature. As new research is conducted on the chemicals and made available to us, product hazards may change, and older SDS may prove to be inaccurate due to information that was not available in the body of literature at the time of SDS authoring.
· Allowance for expert judgment and decision-making.
o The system will apply the GHS guidelines strictly, but the final decision on selecting which regulations are displayed, which chemicals are displayed, and even which hazards are considered by the system, is made by the client. ERA personnel can provide advice on best practices and conservative approaches to ensure compliance, but there are often industry conventions that deviate from this advice. The ERA software is designed to be flexible enough to customize SDSs to be in line with those conventions.
· The software cannot predict chemical interactions within a mixture.
o As mentioned in the previous point, the system will apply the GHS guidelines strictly per each individual chemical and its given concentration in the mixture. It cannot predict chemical reactions that might change the chemical nature and associated hazards of the product. It also cannot predict interactions between chemicals that may dampen or intensify existing properties or hazards of chemical compounds.
Upon purchase of given documents, the Customer becomes the owner of the product specification documents (SDS, CPDS, Label) generated by the Company.
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