NIST STANDARD REFERENCE INSTRUMENTS TERMS and CONDITIONS

Authority – The National Institute of Standards and Technology (NIST) provides Standard Reference Instruments (SRI) as authorized under 15 U.S.C. 272(b)(2), which directs NIST to develop, maintain, and retain custody of national standards of measurement, and provide the means and methods for making measurement consistent with those standards; 15 U.S.C. 272(c)(6), which authorizes NIST to prepare, certify, and sell standard reference materials for use in ensuring the accuracy of chemical analyses and measurements of physical and other properties of materials; and 15 U.S.C. 272(c)(27), which authorizes NIST to undertake such other activities similar to those specified in 15 U.S.C. 272(c) as the Director determines appropriate.

Contracts and Signed Statements – As an agency of the United States Federal Government, Department of Commerce, the National Institute of Standards and Technology attests solely to the provisions described here. Receipt of orders by NIST does not imply acceptance of any provisions set forth in the order that are contrary to the policy, practice, or regulations of NIST or the U.S. Government. In general, NIST will not sign any affidavits, acknowledgment forms, or other documents that may be required by any domestic or foreign entity for policy governing procurement of goods and services. These terms and conditions supersede any conflicting and/or additional terms and conditions included in any purchase request or other document submitted to request NIST Standard Reference Instruments. In ordering NIST Standard References Instruments, the customer is agreeing to these Terms and Conditions which are also available at https://www.nist.gov/sri/terms-and-conditions.  

Price – The price quote provided to Customer includes the fee for the SRI, the fee for associated Calibrations (see separate Calibrations Pro Forma Invoice), and the estimated cost for installation of the SRI and any associated travel and training. Customer must reimburse NIST for all actual costs incurred for installation, travel and training. All work will be performed by NIST employees. The Pro Forma Invoice (PFI) must be signed by the customer and payment must be received prior to the price quote expiration date. 

Duration of Agreement – This agreement becomes effective when signed by the parties. The agreement will terminate upon delivery and installation (if applicable) of the instrument.

Amendments or Changes to Existing Orders –  Any changes to an accepted/signed Standard Reference Instrument Pro Forma Invoice is considered an amendment, and a new Standard Reference Instrument Pro Forma Invoice, outlining the requested change, is required. Examples include:

• Changes to which SRI is ordered as outlined in the online Standard Reference Materials Catalog.
• Cost changes (increase or decrease) of greater than 10% from the estimated cost for installation, travel and training.

Shipping – Customer must provide a Federal Express account when the SRI is ready for shipment from NIST.  Customers are responsible for all shipping fees, customs duties, import fees, and shipping insurance.

Invoices – NIST is a Federal government agency under the U.S. Department of Commerce; therefore, NIST must follow the payment process directed by the U.S. Department of Treasury. NIST ONLY submits invoices electronically via email. Should you need a mailed paper copy of your invoice, please send your request to srminfo@nist.gov.

Payment Information – Payment must be at NIST by the expiration date on the PFI. If payment is not received, a new signed PFI with current prices will be required. All billing terms are pre-payment required, unless an exception is authorized. If authorized, payment terms for domestic customers are Net 30 days from invoice date, and terms for non-domestic customers are Net 45 days from invoice date. All values are expressed in US dollars. Payment must be received within terms to prevent assessment of administrative and late fees, which will be applied at current rate. Penalty charge of 6% per annum will be assessed on balances over 90 days delinquent. No discounts are allowed for early payment.

We cannot accept a Letter of Credit as a form of payment. Cash payments, EFT, Pay Pal, Western Union, or any other electronic digital wallet (i.e. Venmo, ApplePay),payments are not accepted.

All payments must be made in US Dollars. NIST does not charge a fee for any payment type.

Contact the NIST Accounts Receivable office via e-mail at billing@nist.gov with questions.

Accepted payment methods are credit card, ACH (via www.pay.gov only), check, bank draft, money order, or wire.

*PAY.GOV-Credit Card and ACH – Electronic payments can be submitted through Pay.gov by ACH, Visa, Master Card, Discover, American Express, check card, or debit card. Go to www.pay.gov. To locate the payment forms, enter “NIST” in the search field at the top of the page. Select the NIST Miscellaneous form. Complete all required fields and submit your payment. For prompt credit, include the invoice number or quote number being paid. A receipt should be printed for your records. . Note: For ACH payments, please verify with your banking institution that your account is set up to have ACH payments processed. ACH payments can be made through US banks only.

Lockbox Information-Check and money order payments

Select the appropriate address for all check payments to NIST unless otherwise directed by a NIST staff member:

Please note that all checks must be drawn on a United States bank and made payable in US dollars. In addition, the NIST invoice or receivable number, order, or quote number must be referenced on the check stub/remittance advice.

NIST Gaithersburg Receivables Office - Non-USD checks, and/or non-US bank checks must be mailed to the Receivables office in Gaithersburg, MD for deposit. See below for NIST Gaithersburg Receivables office address:

               NIST

               100 Bureau Dr., MS 1624

               Gaithersburg, MD 20899-1624

Include all information required for mail-in payments.

Please do not email credit card information.  It is considered sensitive and it will be blocked by the NIST email system.

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Repairs – Repairs or other follow-on work on SRIs may only be performed by NIST under a separate reimbursable agreement for services.

Use of Name or Endorsements – Neither Party shall use the name of the other Party on any advertisement, product or service which is directly or indirectly related to the SRI. By purchasing the SRI, the Parties do not directly or indirectly endorse any product or service provided, or to be provided, by the other Party, its successors, assignees, or licensees. Customer shall not in any way imply that sale or use of this SRI is an endorsement of any product or service.

Liability –  NIST SHALL NOT BE LIABLE AND CUSTOMER HEREBY RELEASES NIST FROM LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR INJURY (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE, ARISING FROM OR RELATING TO THE SRI), EVEN IF NIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NIST’s liabilities are subject to the Federal Tort Claims Act, 28 U.S.C. Section 2671 et seq., the Federal Employees Compensation Act, 5 U.S.C. Section 8101 et seq., the Contracts Disputes Act, 41 U.S.C. Section 7101 et seq., and other legal authorities. Customer agrees to indemnify and hold harmless the United States Government for any and all damages or liabilities that arise out of any use of the SRI by Customer, Customer’s agents and Customer’s employees.

NO WARRANTY – THE PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITIONS OF THE SRI, OR THE OWNERSHIP, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE SRI.

Force Majeure –  NIST shall not be liable for any unforeseeable event beyond its reasonable control not caused by the fault or negligence of NIST, which causes NIST to be unable to perform its obligations under this agreement (and which it has been unable to overcome by the exercise of due diligence), including, but not limited to, flood, drought, earthquake, storm, fire, pestilence, lightning and other natural catastrophes, epidemic, war, riot, civic disturbance or disobedience, strikes, labor dispute, or failure, threat of failure, or sabotage of facility or equipment, or any order or injunction made by a court or public agency. In the event of the occurrence of such a force majeure event, NIST shall promptly notify the other Party. NIST shall further use its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event.

Termination and Cancellation – Either party may terminate this agreement by providing 30 days’ written notice to the other party. If Customer terminates the agreement, NIST is authorized to collect costs incurred prior to cancellation of the agreement plus any termination costs.

Governing Law – The construction validity, performance and effect of this agreement for all purposes shall be governed by the laws of the United States.

NIST Quality System – Consult the NIST Quality Manual for Measurement Services (NIST QM-I), available for download at http://www.nist.gov/qualitysystem/

Traceability – The NIST Policy on Traceability can be found at https://www.nist.gov/calibrations/traceability

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