Testing and Inspection Service Ltd Terms and Conditions

 Version 1 / 01 December 2014

 

These Terms and Conditions (T&C) will familiarise you with the general terms and conditions that apply to all dealings, tests and analyses provided by the laboratory of Testing and Inspection Service Ltd. (hereinafter called TIS or the Laboratory). Please read carefully and thoroughly this document before ordering any of our services. Please note that by ordering any of our services, you will be bound by these T&C and all transactions and dealings with the Laboratory will be governed by these T&C.

If you are reading these T&C online, you could print a copy for future references.

  1. Appointment

The client (You) is the party at whose request and/or on whose behalf the Laboratory (We) would perform laboratory services. The Client must provide us with a written appointment, specifying the service that they wish to be performed by us. We shall also confirm in written the acceptance of your instructions or part of them. After the Laboratory and the Client agree on the type and scope of services to be performed, all subsequent additions and/or changes of the order should be coordinated accordingly with both parties in writing.

  1. Laboratory Services

 

    1. On receipt of the sample together with the Appointment Letter, the nature of the sample and the assigned tests/analysis will be reviewed.

    2. We reserve the right to reject samples for tests/analysis, in which case you will be duly informed in a timely manner.

    3. In most cases, the samples will generally be analysed on a “first come, first served” basis. We aim to complete the assigned tests/analyses within 3 (three) working dates, as from the receipt of the sample(s), although this may be affected by other factors, including availability of equipment and instruments, type of the requested analysis, etc. Requests for urgent analysis will be taken into consideration and may be subject to an additional fee/surcharge. You will be notified of this prior to commencement of the tests/analyses.

    4. All tests and analyses will only relate to the sample as received and not to the shipment from which the sample may have been taken.

 

 

    1. It is the policy of TIS not to provide any opinions or interpretations with regards to the analysis results. We will, however, be prepared to discuss together with the Client the facts, stated in the Certificate of Analysis/Analytical Report, issued by the Laboratory.

    2. It is the policy of TIS not to use subcontractors. However, in certain circumstances this may become necessary/imperative. In such cases, the Client will be notified of this prior to the acceptance of the appointment.

 

  1. Our responsibilities

 

    1. The Laboratory shall use reasonable care and skill in the performance of the entrusted/assigned services in accordance with the usual professional practice and standards

 

    1. Certificate of Analysis/Analytical Report

The Laboratory shall issue a final Certificate of Analysis/Analytical Report in writing after completion of the assigned services, and it shall contain the results of the performed tests and/or analyses, unless strictly instructed otherwise by the Client.

 

    1. Confidentiality 

The Laboratory undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law. 

    1. Conflict of Interest/Qualification 

The Laboratory shall promptly notify the Client of any matter including conflict of interest or lack of suitable qualifications and experience, which would render it undesirable for the Laboratory to fulfill the requested services.

  1. Prices and Payment

    1. The price of the laboratory services will be calculated according to the valid price list of services or will be negotiated with the Client prior to the commencement of the appointed analysis.

    2. Unless expressly agreed otherwise, payment shall be made within 15 (fifteen) days, as from the issuing and receiving of the invoice.

 

 

 

 

  1. Liability

    1. Our liability arising under whichever circumstances (whether in contracts, tort, negligence, breach of statutory duty or otherwise) shall not exceed the price paid for the appointed/assigned tests and/or analyses.

    2. The Laboratory is not responsible for any indirect losses (including loss of income or revenue, loss of business, loss of profit from contracts, loss of anticipated savings, loss of data, etc.), arising under whichever circumstances and whether caused by breach of contract, tort or negligence, etc., even if foreseeable.

    3. Time bar All and any claims by the Client against the Laboratory will be considered null and void, unless submitted within one year, starting from the date of issuing of the Certificate of Analysis/Analytical Report. 

 

  1. Events Outside Our Control (Force Majeure Events)

    1. We are not responsible or liable for any failure or inability to perform the requested services, and/or any delays in performance of any of Our obligations under the signed contract/a Contract, caused by and/or arising from events outside our reasonable control (Force Majeure Events).

    2. A Force Majeure Event include any acts, events, non-happenings, omissions, defaults and incidents outside Our control, and include (without limitations) in particular:

      1. Strikes, lockouts and other industrial actions;

      2. Civil commotions, riots, invasions, terrorist attacks and/or threats for such, military actions, whether officially declared or not, and/or military threats or preparations;

      3. Fires, explosions, storms, floods, earthquakes, subsidences, epidemics and/or other natural disasters;

      4. Unavailability or impossibility of the use of railways, shipping, aircrafts, motor transport and/or other means of public or private transport;

      5. Unavailability or impossibility of the use of public or private communication networks;

      6. The acts, decrees, legislation, regulations or restrictions of any government;

    3. Our performance under any Contract is deemed to be suspended/deferred for as long as the Force Majeure Event continues, and We will have an extension of Our time for performance for the duration of that period. If possible, we will use our reasonable resources and endeavours to discontinue the Force Majeure Event or to find a solution, which will allow us to carry out the requested services despite the Force Majeure Event.

 

  1. Health and Safety

    1. You are obliged to/must inform us about any risks/hazards relating to any samples submitted to the Laboratory.

    2. We will hold you responsible for any accidents, illnesses and injuries, resulting from the handling of materials, which have not been clearly labelled/marked/specified as dangerous or being of a hazardous nature.

 

  1. Severability
    If any of these T&C and/or any of the provisions of the contract are determined by any competent authority to be invalid, unlawful, illegal or unapplicable to any extent whatsoever, such/that term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions, which will continue to be valid to the fullest extent permitted by law.

 

  1. Entire Agreement

These T&C and any other documents expressly referred to, represent the entire agreement between the Client and the Laboratory in connection with the appointed services and supersede any prior verbal or written agreements.

 

  1. Our Right to Revise these Terms and Conditions

    1. We reserve the right to revise and amend these T&C from time to time in order to reflect changes in market conditions, changes in relevant laws and regulations or regulatory requirements and/or changes in our business capabilities.

    2. You will be subject to the policies and general terms and conditions in force at the time that you request/assign any of our services, unless that change is required to be made by the relevant laws or governmental authorities (in which case it will apply to orders/requests previously placed by you), or if we notify you of such change before we send you the Certificate of Analysis/Analytical Report (in which case we have the right to assume that you have accepted the aforementioned change, unless you notify us of the contrary within 7 (seven) working days, counting from the date you received the Certificate of Analysis/Analytical Report.

  2. Law and Jurisdiction

    1. These T&C are subject to the laws of the Republic of Bulgaria.

    2. All issues and/or disputes arising from these T&C shall be subject to the jurisdiction of the courts of the Republic of Bulgaria.