Terms and Conditions

General Terms and Conditions Applicable to All Technical Committees
 
 You may participate in this program provided that you accept any and all of the provisions listed below. We may amend, update or otherwise change, at any time and without prior notice, any or all of the General Terms and Conditions. Please check the contents of these General Terms and Conditions periodically for changes on AASHTO DataMine (https://datamine.transportation.org/). Each such amendment shall become automatically valid and enforceable at the time when first displayed by DataMine on AASHTO DataMine (https://datamine.transportation.org/). 

  1. Submission of information in the electronic Application (eAPP), required supplementary information, and test fees constitute acceptance by the product manufacturer/supplier of the Technical Committee Work Plan as the basis for testing, evaluation, or auditing of the submitted products and administration of the program through AASHTO/DATAMINE.
  2. All test materials shall be furnished by the manufacturer/supplier at no cost to the DataMine or to AASHTO member departments. Sample selection and shipment will be as prescribed in the individual Technical Committee’s Work Plan.
  3. Manufacturer must submit an eAPP for all products or materials submitted.
  4. Invoiced testing fees must be received and processed before evaluation of the product or material proceeds. The invoice payment for an on-site facility audit performed within the United States is due within 30 days of its audit completion. For an on-site facility audit performed at a location outside of the United States, the invoice payment is due upon acceptance of the application by AASHTO/DATAMINE. The payment of an invoice may be completed using the following options: eCheque, Purchase Order, Wire Transfer, or Credit Card.
  5. Incomplete forms and/or erroneous information provided as part of this submittal package may result in a delayed acceptance for testing.
  6. A handling fee of 10% of the total testing fee or $1000.00 USD, whichever is less, will be retained if a product is withdrawn prior to the testing process. Testing fees will not be refunded once the testing process has begun.
  7. A cancellation fee of 50% of the audit fee shall be assessed if a manufacturer cancels an audit after it has been scheduled.
  8. All testing for DataMine shall be performed by DataMine Designated Laboratories under contract with AASHTO/DATAMINE.
  9. Once a product or audit application has been submitted to DataMine, a non-interference policy will go into effect. The DataMine Technical Committee Liaison or DataMine Auditor will be the point of contact for the manufacturer regarding submission status, testing or audit status, and appeal of results. Under no circumstances shall the manufacturer directly contact the DataMine Designated Laboratory regarding any DataMine related product or audit results.
  10. According to DataMine Policy and Procedures, a manufacturer/supplier may elect to withdraw their product from the test cycle with an email request to the DataMine Technical Committee Liaison. If withdrawal is approved, Results obtained up until the time of withdrawal will only be available to registered state users, and the manufacturer who entered the data.
  11. Unauthorized removal of any products or material specimens from a DataMine field test site shall result in being disqualified from future DataMine product evaluations.
  12. For guaranteed consideration in a particular test cycle, the electronic Application (eAPP) and accompanying documents must be submitted under its corresponding evaluation program through the AASHTO DataMine website. Additionally, the eAPP must be submitted no later than the product submittal deadline indicated on the DataMine website.
  13. AASHTO member departments may use the test data obtained from DataMine to establish approved products listings or to augment their own product approval processes.
  14. The American Association of State Highway and Transportation Officials (AASHTO) will copyright all reports, with all rights reserved. DataMine Reports, or any parts thereof, may not be reproduced in any form without explicit, written permission granted by AASHTO in the form of an email.
  15. The manufacturer/supplier is hereby notified that the DataMine reserves the right to release or distribute any of the information included in or attached to this application and the test results obtained as part of our field and laboratory test procedures to our Member Departments. This information will be used to determine appropriate Quality Assurance parameters for product evaluation when materials are supplied for use on highway contracts.
    1. Proprietary and/or formulaic data, including mineralogy, chemistry, and ingredient data would be limited to and available for only those AASHTO DataMine UP3 DataMine users and development contractors who are permitted with this level of proprietary data access. 
  16. AASHTO/DATAMINE may use results from DataMine evaluations to promote the program; however, this does not constitute an endorsement of the products or materials tested.
  17. The DataMine Technical Service Program within AASHTO operates as an independent agent in service to AASHTO Member Departments of Transportation. AASHTO does not affect any force on its members for decisions regarding use of DataMine results. Industry participants are responsible for marketing products evaluated in this program in a manner that meets the needs of their customers.
  18. Appeals by Industry Participants, in regard to test results, will be in accordance with the Appeals Process in the "DataMine Information and Operations Guide" which may be accessed at www.NTPEP.org.
  19. DataLink and its associated logo is in no way a representation of third party approval from AASHTO/DATAMINE, nor does it contain a defined measurable trait associated with any information it may act as a reference toward.

Specific Terms and Conditions Applicable to Noted Individual Technical Committees

  • Unique, Patented, Proprietary Products (UP3)
    1. Manufacturers/suppliers are required to pay the full application fee after the product is accepted for review and development of an evaluation proposal. Invoiced application fees must be received and processed before the product or material review, and evaluation proposal development, commences. Once a product review commences, the application fee is non-refundable
    2. The manufacturer shall receive a copy of the final evaluation proposal, including all testing, report, and associated fees, for review. The manufacturer may request additional tests (pending approval from the UP3 Council) but may not remove any tests from the proposal.
    3. The product manufacturer/supplier may withdraw having the product/material tested after review of the proposal, or agree to proceed with the evaluation. The manufacturer/supplier will have thirty (30) days from receipt of proposal to make a determination. Should AASHTO not receive a decision, the product application will be deleted and all fees collected shall be non-refundable and non-transferrable. Should the manufacturer/supplier wish to resubmit the same product, it shall be considered a new submittal subject to application fee.
    4. Testing fees shall be paid in full by the manufacturer prior to commencement of any testing. Testing fees will not be refunded once the test facility is in receipt of samples and testing has commenced.
    5. Should a manufacturer elect to resubmit a product for which a final evaluation report was previously withdrawn, a one (1) year moratorium will be imposed prior to resubmittal and the manufacturer must provide a detailed report of substantial modifications/reformulation.
  • Erosion Control Products
    1. Manufacturers may be present during field installation of products. The test facility and DataMine agree to provide the manufacturer with a minimum 10 day advance notice of product sample installation. The test facility and DataMine reserve the right to delay planned installation due to inclement weather or other unforeseen variables that may result in inappropriate installation, without further scheduling accommodation for the manufacturer. Once the installation of the product is completed, no further on-site, in-person contact with the testing facility or test facility personnel is permitted with regard to the relevant DataMine test.
  • Joint Sealants and Crack Sealers
    1. Manufacturers/Suppliers are required to install their own sealant/sealer materials on each of the field test sites on the days and times scheduled by the Test Facility. All manpower and equipment for installation shall be supplied at no expense to the Test Facility or DataMine. Traffic control will be provided by the Test Facility.
  • Portable Changeable Message Signs and Flashing Arrow Panels
    1. During the course of product evaluation, those products/devices which do not perform as specified, or are otherwise found defective during the course of evaluation procedures may not be substituted. A record will be made of any such defect; e.g., mechanical or electrical failure, computer hardware or software errors, or any other such performance defect which may occur during the normal handling and evaluation of product/device by the DataMine Test Facility.
    2. Manufacturers will NOT be allowed on the testing grounds unaccompanied during the evaluation period.
  • Pavement Marking Materials
    1. Manufacturers/Suppliers are required to install their own pavement marking materials on each of the field test sites on the days and times scheduled by the Test Facility. All manpower and equipment for installation shall be supplied at no expense to the Test Facility or DataMine. Traffic control will be provided by the Test Facility.
    2. A manufacturer/supplier may elect to withdraw their product from the test cycle at any point during the field evaluation process.
  • Raised Pavement Markers/Plowable Raised Pavement Markers
    1. Manufacturers/Suppliers are required to install their own markers on each of the field test sites as scheduled by the Test Facility. All manpower and equipment for installation shall be supplied at no expense to the Test Facility or DataMine. Traffic control will be provided by the Test Facility.
  • Roll Up Signing Materials
    1. A manufacturer/supplier may elect to withdraw their product from the test cycle at any point during the field evaluation process, as per the stipulations outlined in line item 10 under the previous section titled, “General Terms and Conditions Applicable to All Technical Committees”.
  • Sign Sheeting Materials
    1. Manufacturers/Suppliers are strongly advised to have a responsible representative present at the Test Facility during the fabrication process of their test panels. The test facility will notify the Manufacture/Supplier of the scheduled application.
    2. If ink is submitted, it is particularly important that the representative be completely familiar with the ink application process. Manufacturers will be responsible for disposal of leftover ink if it is not compatible with the Test Facility waste stream. The Test Facility reserves the right to recover from the manufacturer any costs resulting from disposal or mitigation of surplus waste material.
  • Temporary Traffic Control Devices
    1. Manufacturers/Suppliers are required to install their products at the field test site during the dates and times designated by the Test Facility. The plastic barrels will be supplied with a sufficient number of ballast units in the event the ballast is destroyed during impact testing, new ballast can be installed in the unit.
    2. Policy and expectations for manufacturers/suppliers observing field evaluation impact testing of their products:
      1. Cooperate with the Test Facility Personnel and abide by their instructions
      2. Do not impede the Test Facility Personnel in their collection of test data
      3. Use of still cameras is acceptable
      4. Use of video camera is not permitted
    3. Products/Devices become the property of the Test Facility for purposes of examining physical properties at a later date. Upon release of the DataMine report related to the product/device, the manufacturer/supplier may submit an email for release of the product saved by the Test Facility; the manufacturer must pay for any and all costs associated with shipping and handling to return the product/device to them. The Test Facility or AASHTO/DATAMINE assumes no responsibility for the condition of said device/product in removal, handling or shipping.

Code of Conduct for AASHTO’s DataMine Program

If a DataMine participant creates a hostile work environment or behaves in a manner that is detrimental to the reputation of AASHTO’s DataMine Program, the DataMine Program Manager will work with the DataMine Steering Committee to take appropriate action to resolve the situation.

If a DataMine Auditor feels unsafe or threatened in the field while conducting an audit, the DataMine Auditor has the right to leave the facility and refuse service. The Auditor would then report this situation to the DataMine Program Manager who will then take appropriate action.

Depending on the severity of these types of situations, the result may be removal from involvement/participation in the Program.

 

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