| Responsibilities
of Client |
| (a)
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ensure
that sufficient information, instructions and documents
are given in due time (and, in any event not later than
48 hours prior to the desired intervention) to enable
the required services to be performed; |
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| (b) |
procure all necessary access for the Company's representatives
to the premises where the services are to be performed
and take all necessary steps to eliminate or remedy any
obstacles to, or interruptions in, the performance of
the services; |
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| (c) |
supply,
if required, any special equipment and personnel necessary
for the performance of the services; |
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(d)
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ensure that all necessary measures are taken for safety
and security of working conditions, sites and installations
during the performance of services and will not rely,
in this respect, on the Company's advice whether required
or not; |
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(e)
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inform Company in advance of any known hazards or dangers,
actual or potential, associated with any order or samples
or testing including, for example, presence or risk of
radiation, toxic or noxious or explosive elements or materials,
environmental pollution or poisons; |
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(f)
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fully
exercise all its rights and discharge all its liabilities
under any relevant sales or other contract with a third
party and at law. |
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Fees
and Payment
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(a)
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Fees
not established between the Company and Client at the
time the order is placed or a contract is negotiated shall
be at the Company's standard rates (which are subject
to change) and all applicable taxes shall be payable by
Client. |
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(b)
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Unless
a shorter period is established in the invoice, Client
will promptly pay not later than 30 days from the relevant
invoice date or within such other period as may be established
by the Company in the invoice (the "Due Date")
all fees due to the Company failing which interest will
become due at a rate of 1.5% per month (or such other
rate as may be established in the invoice) from the Due
Date up to and including the date payment is actually
received. |
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| (c) |
Client shall not be entitled to retain or defer payment
of any sums due to the Company on account of any dispute,
counter claim or set off which it may allege against the
Company. |
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| (d) |
Company may elect to bring action for the collection of
unpaid fees in any court having competent jurisdiction. |
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| (e)
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Client
shall pay all of the Company's collection costs, including
attorney's fees and related costs. |
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| (f) |
In the event any unforeseen problems or expenses arise
in the course of carrying out the services the Company
shall endeavour to inform Client and shall be entitled
to charge additional fees to cover extra time and cost
necessarily incurred to complete the services. |
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| (g) |
If the Company is unable to perform all or part of the
services for any cause whatsoever outside the Company's
control including failure by Client to comply with any
of its obligations provided for in clause 3 above the
Company shall nevertheless be entitled to payment of: |
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1.
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the amount of all non-refundable expenses incurred by
the Company; and |
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2.
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a
proportion of the agreed fee equal to the proportion of
the services actually carried out. |
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| Suspension
or Termination of Services |
| The
Company shall be entitled to immediately and without liability
either suspend or terminate provision of the services
in the event of: |
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(a)
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failure
by the Client to comply with any of its obligations hereunder
and such failure is not remedied within 10 days that notice
of such failure has been notified to Client; or |
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(b)
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any
suspension of payment, arrangement with creditors, bankruptcy,
insolvency, receivership or cessation of business by Client. |
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