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The terms of an actual agreement could vary from the
Service Rental Agreement. Terms that were most frequently
changed were the length of the agreement, the right to
cancellation, the replacement charges, and/or the terms of
payment. Quite frequently, the contract would not be used with
petitioner’s very large customers, who instead used their own
legal counsel to draft and negotiate the terms of the contract.
Laboratory Tests
Petitioner had several testing laboratories at which
petitioner tested its fabrics and garments. Fabric tests were
conducted by petitioner to compare fabrics and to qualify new
fabrics for use in petitioner’s garments. The tests performed by
petitioner’s quality assurance test laboratories included
wash-and-wear cycle tests, fabric tests, body box tests, and wash
tests. An “ASTM” test and a “Helmke Drum” test were designed to
measure particulate contamination present in a garment. Other
tests that were performed were an abrasion test, a moisture vapor
transmission test, and specific tests for certain fabrics used in
medical markets.
Subsequent to the years in issue, petitioner made
representations on its Web site regarding the performance
characteristics of the fabrics that it used in its clean room
garments. In particular, petitioner represented that garments
made of certain fabrics were tested in up to 100 wash-and-wear
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Last modified: May 25, 2011