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通规检测通用条款
2023-07-14
- General Standard Testing Services (Shenzhen) Corporation (including its affiliated company hereinafter “the Company”) will provide services to person or body on request (hereinafter “the Principal”) in accordance with and subject to the terms and conditions herein contained (hereinafter “the Condition”). Until otherwise notified in written agreement between the Company and Principal, services provided by the Company shall be bound by and subject to all provisions of the Conditions.
- All rights (included but not limited to copyright) in any test reports, test results, inspection certificates or other materials produced by the Company in the course of providing its services shall remain vested in the Company.
- The Company undertakes to exercise reasonable caution and accurate scientific method in the performance of its services and accepts responsibility only where such method and caution is not exercised. The Company shall not be liable in respect of any circumstances for more than 10 times the amount of such services charge or agent fee. The Company shall have no liability in respect of any claims for indirect loss including loss of profit and/or loss of future business and/or cancellation of contracts entered into by the Principal.
- The Company shall not in any event be liability for any loss caused by delay in performance or non-performance of any of its services where the same is occasioned by any cause whatsoever that is beyond the Company’s control including but not limited to force majeure happens, the Principal fails to fulfill the obligations in accordance with the contract, due to provision of its services, there is a change to relevant laws, regulations and standards.
- Test report, test results or inspection certificates issued following test or analysis of samples stand the Company’s specific opinion only. In no case shall the Company’s responsibility extend to test reports, test result or inspection certificates on the sample. The Company shall have no liability in respect of any direct or indirect loss whatsoever caused by use of the test reports, test results or inspection certificates.
- The Company shall be entitled to its discretion to delegate the performance of the whole or any part of the services contracted with the Principal to any affiliated company or subcontractor without prior written agreement of the Principal. The Company being authorized by the Principal will ensure that instructions to the affiliated company or subcontractor are given and are accompanied by sufficient information to enable the required services to be performed effectively. The Company is deem to fulfilled his obligation when affiliated company of the Company and subcontractors exercising their rights and performing their obligations.
- If the requirements of the Principal necessitate the analysis of samples by the Principal or by any third party, the Company will pass on the results of analysis but without responsibility for accuracy of analysis results.
- The Principal will:
- Supply, as the Company required, all necessary samples, information and technical documents, and ensures the truthfulness, integrity, legality and effectiveness; ensure samples, information and technical documents provided with no infringement which included but not limited to the violation of intellectual property rights and other rights.
- Ensure all necessary measures are taken safety and security of working conditions, sited and installations during performance of the required service.
- Inform the Company in advance of any known hazards or dangers related to samples, actual or potential, associated with any request for the provision of services by the Company included but not limited to the presence or risk of radiation, toxic or explosive elements or materials, or other potential dangers to human, to thing or to the environment.
- Take all necessary steps to ensure safe transformation and transfer of sample. The samples shall be care and proper packed to eliminate or remedy any obstruction to or interruptions in the performance of the required services when samples delivered by mail. The Company shall accept no liability for loss or damage incurred in the process of delivery.
- Be subject to the liabilities of compensation for any loss, damage or expense of whatsoever arising relating to the violation of the terms and condition of business by the Principal.
- The Principal will punctually pay the Company immediately within prescribed date. The Principal shall not be entitled or deferring payment of any sums due to the Company on account of any dispute, cross claim or set off which may allege against the Company.
- The Company shall be entitled to store the left sample (or any of them) in accordance with the sample characters and internal management system. Upon the expiry of retaining period, if the samples are not collected by the Principal, at the sole discretion of the company the sample may be deemed abandoned and or destroyed. The expenses by sample delivery to the Principal shall reclaim from Principal.
- The Company shall pledge and undertake prescribed confidentiality obligation of technical information, materials and unofficial publications provided by the Principal. Meanwhile, the Principal shall pledge and undertake prescribed confidentiality obligation of any materials from the Company including environment conditions, manufacturing techniques and process. Unless on mutual written agreement, neither of the two parties could disclose the following contents to a third party ; scope of cooperation, contents , cooperation mode, expense; right and obligations of both parties; the process of handling appeals. Either party who violated the condition shall be subject to legal and economic responsibility.
- In the event of any suspension of bankruptcy, insolvency or cessation of business of failure of the Principal to pay part of any sums owning to the Company, the Company shall be entitled to suspend all performance of the service and withholding the issue of test report, inspection certificate or any other material requested forthwith and without liability until payment of all sums owing to the Company together with interest thereon is settled.
- In the event of the Company being prevented by reason of any cause whatsoever beyond the Company’s control including but not limited to the Principal requirement from completing the service for which an agreement has been made, the Principal shall pay the Company the expenditure actually occurred equaling the proportion of the services already carried out.
- The Company shall have no liable to the Principal for delay in performance of any of its services for the lack of technology or test equipments with in time notification of the Principal.
- The Company shall not in any event be liable for any disputes as a result of inappropriate behavior by the Principal which includes but not limited to: unilateral modification by the Principal on test reports; extracting of teat information from test reports; breaching the duty of clause 8(1) offering illegal samples or technical information .
- The results of testing, calibration or inspection shall be deemed as accepted by the Principal unless any written disagreement is raised within 15 working days from receiving of the test reports, test results or inspection certificate, together with original copy of such reports and prepaid retesting fee.
- All contracts for provision of services by the Company and the Conditions shall be construed in accordance with and governed by the laws of the People’s Republic of China and for the purpose of any arbitral or litigation proceedings such contracts shall be deemed to have been made and performed in PRC unless otherwise specified herein. If any provision contained in the Conditions is and/or becomes invalid, illegal or unenforceable in any respect under the laws of PRC, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
- The Principal shall be entitled to submit amendment application of the report within 3 months from receiving the test report. The amendment application must be agreed by the Company, otherwise, none will be considered.
- Any dispute or claim arising out of or relating to the provision of services by the Company shall be settled through mutual consultations. In case no settlement can be reached, either party is entitled to lodge a lawsuit with Baoan District People’s Court.
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