| General |
| (a)
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Unless
otherwise agreed in writing, all offers or services and
all resulting contractual relationship(s) between any
of the affiliated companies of UMSCPL or any of their
agents (each a "Company") and Client (the "Contractual
Relationship(s)") shall be governed by these general
conditions of service (hereinafter the "General Conditions"). |
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| (b) |
The Company may perform services for persons or entities
(private, public or governmental) issuing instructions
(hereinafter, the "Client"). |
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| (c) |
Unless
the Company receives prior written instructions to the
contrary from the Client, no other party is entitled to
give instructions, particularly on the scope of the services
or the delivery of reports or certificates resulting therefrom.
Unless otherwise instructed the Client hereby authorises
the Company to deliver Reports of Findings to a third
party where so instructed by Client or, at its discretion,
depending from circumstances, trade custom, usage or practice. |
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Service
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(a)
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The
Company will provide services using reasonable care and
skill and in accordance with Client's specific instructions
as confirmed by the Company or, in the absence of such
instructions: |
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1.
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the terms of any standard order form or standard specification
sheet of the Company; and/or |
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2.
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any
relevant trade custom, usage or practice; and/or |
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3.
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such methods as the Company shall consider appropriate
on technical, operational and/or financial grounds. |
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(b)
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Information
stated in Reports of Findings is derived from the results
of inspection or testing procedures carried out in accordance
with the instructions of Client, and/or our assessment
of such results on the basis of any technical standards,
trade custom or practice, or other circumstances which
should in our professional opinion be taken into account. |
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| (c) |
Reports issued further to the testing of samples (Third
Party Laboratories) contain the Laboratory's opinion on
those samples only and do not express any opinion upon
the lot from which the samples were drawn. |
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| (d) |
Should Client request that the Company witness any third
party intervention, Client agrees that the Company's sole
responsibility is to be present at the time of the third
party's intervention and to forward the results, or confirm
the occurrence, of the intervention. Client agrees that
the Company is not responsible for the condition or calibration
of apparatus, instruments and measuring devices used,
the analysis methods applied, the qualifications, actions
or omissions of third party personnel or the analysis
results. |
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| (e)
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Reports
of Findings issued by the Company will reflect the facts
as recorded by it at the time of its intervention only
and within the limits of the instructions received or,
in the absence of such instructions, within the limits
of the alternative parameters applied as provided for
in clause 2(a). The Company is under no obligation to
refer to, or report upon, any facts or circumstances which
are outside the specific instructions received or alternative
parameters applied. |
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| (f) |
The Company may delegate the performance of all or part
of the services to an agent or subcontractor and Client
authorises Company to disclose all information necessary
for such performance to the agent or subcontractor. |
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| (g) |
Should Company receive documents reflecting engagements
contracted between Client and third parties or third party
documents, such as copies of sale contracts, letters of
credit, bills of lading, etc., they are considered to
be for information only, and do not extend or restrict
the scope of the services or the obligations accepted
by the Company. |
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| (h) |
Client acknowledges that the Company, by providing the
services, neither takes the place of Client or any third
party, nor releases them from any of their obligations,
nor otherwise assumes, abridges, abrogates or undertakes
to discharge any duty of Client to any third party or
that of any third party to Client. |
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| (i)
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All
samples shall be retained for a maximum of 3 months or
such other shorter time period as the nature of the sample
permits and then returned to Client or otherwise disposed
of at the Company's discretion after which time Company
shall cease to have any responsibility for such samples.
Storage of samples for more than 3 months shall incur
a storage charge payable by Client. Client will be billed
a handling and freight fee if samples are returned. Special
disposal charges will be billed to Client if incurred.
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