VIRIDIAN Testing Laboratories LLP (VTL) will provide its testing services (“Services”) subject to the following terms and conditions. These Terms are the sole conditions upon which VTL is prepared to deal with the Client, and they shall govern this contract to the entire exclusion of any other expressed or implied conditions. Modification of these Terms is only possible through a variation expressly stated in writing and signed by a duly authorized representative of VTL.
SERVICE ACCEPATENCE:
All orders for any services are subject to acceptance by VTL through a filled Test Request Form (TRF) and a covering letter from the client. VTL’s acceptance of a sample submitted with an unsigned TRF indicates that the client is entirely responsible for those requests. There is no liability for VTL in cases involving unsigned TRFs.
Samples will be generally analyzed on a “first come first served” basis. Requests for urgent analysis will be considered and may be subject to a surcharge. This will be discussed with the client prior to commencement of the analysis.
CONFIDENTIALITY:
VTL shall provide advance notice to the Client before placing any Client information in the public domain, except for information that the Client has made publicly available or when VTL and the Client have agreed to make the disclosure. All other information is considered proprietary and shall be regarded as confidential.
In cases where VTL is legally obligated to release confidential information, the Client shall, unless prohibited by law, be notified of the disclosure. VTL may release confidential information to accreditation bodies for assessment purposes.
HEALTH AND SAFETY:
The client shall inform VTL of any hazards related to samples submitted for analysis. VTL may hold the submission, and the client is responsible for any injury or illness resulting from the handling of materials that are not clearly labeled as being of a hazardous nature.
REPRODUCTION OF REPORTS AND PUBLICITY:
Reports shall not be reproduced except in full unless prior written authorization from VTL has been obtained. Reports prepared by VTL are issued subject to the condition that they are not to be made public or used in connection with or for the purpose of any advertising, promotional, or publicity undertaking or material whatsoever without the prior expressed written consent of VTL.
DISCLAIMER:
All testing is carried out based on the expertise and capability of VTL. The results in any report do not constitute a recommendation for any specific course of action.
It is the responsibility of the Client to ascertain and notify VTL of the standards with which any sample submitted must comply in any country where such a sample is intended to be sold. In the absence of specific instructions, VTL will adopt test methods and standards that, in its sole and absolute discretion, are considered appropriate.
A report issued by VTL shall refer only to the sample actually tested and shall not be deemed to refer to the bulk from which such sample may be said to have been obtained.VTL shall not be involved in any sampling unless specifically requested by the client, especially for sampling related to particular test parameters .
TURN AROUND TIME:
VTL is responsible for the issuance of the test report to the client within the committed turnaround times. VTL shall not be liable for any loss or damage caused by the delay in the performance of its obligations hereunder, where such delay is occasioned by any cause beyond VTL’s control. This includes, but is not limited to, Acts of God, war, civil disturbance, requisitioning, governmental or parliamentary restrictions, import or export regulations, strikes, lockouts, trade disputes (whether involving its own employees or those of any other persons), difficulties in obtaining workmen, breakdown of machinery, and fire or accident. which will be communicated to the client well in advance. The client acknowledges and accepts the possibility of such delays
In the event of such occurrences, VTL may cancel or suspend the contract in question without incurring any liability for resulting loss or damage. VTL shall be entitled to render additional charges to the Client to reasonably reflect the extra time and costs incurred.
DELIVERABLE:
VTL acknowledges the Client’s request to access the ordered reports via email communication. The Client further acknowledges that such transmissions may be intercepted by third parties and modified inadvertently.
If the Client requests, VTL may issue a hardcopy of the report to the client’s address. VTL disclaims any and all liability arising out of or in connection with email transmissions of reports.
DISCLOSURE OF REPORT:
In the event that any report issued by VTL is required for use in connection with or as evidence in any court or arbitration proceeding by the client, VTL will provide all necessary assistance and explanations reasonably required. However, all costs and expenses incurred by VTL in providing such assistance, including court appearances, expert testimony, or explanations, shall be charged to the account of the client.
LIABILITY:
VTL warrants solely to the Client that the Report will be free of any error or omission caused by the negligence of VTL or its staff. Any claim for breach of such warranty shall be made in writing to VTL within ten (10) days after the date of issuance of the Report. VTL will not consider any claims made after that period. In the event that a timely written claim has been made by the Client, VTL, at its sole discretion, may redo the testing to rectify the deficiency without charge to the Client.
COMPENSATION:
In the event that VTL shall suffer any loss or damage as a result of VTL and/or its servants and/or its agents carrying out or providing the services to the client or on goods supplied by or at the direction of the client, other than as a result of its error, negligence, or willful default, then the client shall indemnify and compensate VTL for such amount of loss or damage suffered.
SAMPLE DISPOSAL:
Unless otherwise requested by the client, tested and remnant samples shall be disposed of by VTL within 60 days from the date of test completion.
PAYMENT TERMS:
In the event that payment terms are not established or negotiated between VTL and the Client, VTL’s standard rates (which are subject to change) and all applicable taxes shall govern as the payment terms for VTL’s services.
Client agrees to make an advance payment for VTL’s testing services unless otherwise approved by VTL Management for a credit period. In the event of cancellation of the testing by the customer, charge will not be refunded.
For those approved for a credit period, the Client agrees to make prompt payment within thirty (30) days from the invoice date or within such other period as may be established by VTL as the “Due Date.” In the event that the Client owes payment under any overdue invoices, VTL reserves the right to suspend all further services and withhold the issuance of any Reports until payment of all sums owing to VTL under the aforesaid invoice(s), together with interest at the rate of 1.5% per month thereon.
GOVERNING LAW:
These T&C are subject to the law of India. All disputes arising out of these T&C shall be subject to the jurisdiction of the courts of India.
RIGHTS TO CHANGE THE TERMS AND CONDITION:
VTL have the right to revise and amend these T&C from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and regulatory requirements and change
SUBCONTRACTING SERVICES:
VTL, at its discretion, shall be entitled to delegate the performance of the whole or any part of the Services contracted for with the Client to any agent or subcontractor.
SEVERABILITY:
If any of these T&C or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law