Terms and conditions governing commercial Device Under Test (DUT) engagements with Microwave Analytics.
Effective date: July 21, 2026
These Terms and Conditions (the “Terms”) govern commercial laboratory engagement services provided by Thurston Laboratories, LLC, operating as Microwave Analytics (“Microwave Analytics,” “we,” “us,” or “our”), to the submitting organization or individual (“Client,” “you,” or “your”). By checking the acceptance box on the commercial DUT submission form, submitting an engagement request, shipping a DUT, or otherwise proceeding with an engagement, you agree to these Terms.
These Terms form a binding agreement between Client and Microwave Analytics upon acceptance via the online engagement form checkbox and continued participation in the engagement process. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
Microwave Analytics provides engineering-focused RF, microwave, semiconductor, and electromagnetic characterization and related laboratory evaluation. Services may include pre-compliance and diagnostic measurement. We do not provide accredited certification testing, regulatory approvals, product design, redesign, or engineering consulting as part of a standard DUT engagement. Design decisions remain solely with the Client. Formal certification, where required, must be obtained from accredited certification laboratories.
After you submit an engagement form, Microwave Analytics will review the request and may contact you to clarify objectives, frequency ranges, deliverables, and measurement boundaries. Work proceeds only after mutual agreement on scope and applicable fees or quote. Changes to scope after agreement may require revised pricing and schedule. Microwave Analytics may decline any engagement that is unsafe, out of capability, incomplete, or otherwise unsuitable.
Upon agreement of scope, Microwave Analytics typically provides a prepaid shipping label for inbound shipment and packaging guidance when needed. Client is responsible for packing the DUT securely and for accurate disclosure of contents, value, hazardous materials, export controls, and customs information. Risk of loss or damage while the DUT is in the custody of a carrier remains with the Client (or as allocated by the carrier’s terms), except to the extent caused by Microwave Analytics’ gross negligence after receipt into our custody. Return shipment is arranged after testing; tracked shipment is used when available.
Client must disclose prototype status, known defects, power limits, safe operating conditions, and any special handling requirements before testing. Client warrants that the DUT may be tested as described without creating unreasonable risk of injury, fire, or damage to laboratory equipment. Microwave Analytics may refuse, pause, or terminate testing of any DUT that appears unsafe, misrepresented, or outside agreed operating limits.
Upon arrival, the DUT is inspected and documented. Testing is performed according to the agreed measurement plan using calibrated instrumentation under controlled laboratory conditions. A structured technical report is delivered electronically once testing is completed. The DUT is then repackaged and returned. Milestone updates (receipt, test initiation, return) may be provided as practical.
Microwave Analytics will use reasonable care to protect Client technical data, device details, and reports from unauthorized public disclosure. We will not publish Client results or proprietary device information without Client consent, except as required by law or to defend our legal rights. A separate mutual NDA may be executed when mutually agreed. Aggregated, anonymized operational statistics that do not identify Client or device specifics are not restricted.
Fees are as quoted or otherwise agreed for the engagement. Invoices are issued upon completion of work under Net 30 payment terms (payment due within thirty (30) days of the invoice date), unless a different schedule is stated on the quote or invoice. Reports are delivered once testing is completed and are not withheld pending payment. Quotes expire as stated thereon or, if unspecified, after thirty (30) days.
Services and reports are provided on an “as is” and “as available” basis. Measurement results reflect performance under the stated test conditions, instrumentation, and methods described in the report. Microwave Analytics does not warrant that results predict field performance, regulatory compliance, fitness for a particular purpose, or merchantability of the DUT. Instrumentation is maintained and verified according to internal procedures with traceable reference standards where applicable; absolute accuracy beyond stated uncertainties is not guaranteed.
To the maximum extent permitted by law, Microwave Analytics’ total liability arising out of or related to an engagement shall not exceed the fees actually paid by Client to Microwave Analytics for that engagement. Microwave Analytics shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.
Microwave Analytics will exercise reasonable care while the DUT is in our custody. Except for damage caused by our gross negligence or willful misconduct, we are not liable for damage inherent to prototype fragility, preexisting defects, or operation within Client-provided limits that still results in DUT failure. Client should maintain appropriate insurance for high-value hardware.
Client retains ownership of the DUT and Client confidential information. Microwave Analytics retains ownership of measurement methods, fixtures, templates, software tools, and know-how. Subject to payment of applicable fees, Client receives a non-exclusive license to use the delivered report for Client’s internal business purposes. Redistribution of raw laboratory methods or proprietary templates is not permitted without written consent.
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles. Exclusive venue for disputes shall be the state or federal courts located in Elko County, Nevada, and each party consents to personal jurisdiction there.
Microwave Analytics may update these Terms by posting a revised version on this page with a new effective date. Material changes will apply to engagements accepted after the new effective date. Questions regarding these Terms may be directed to info@microwaveanalytics.com.