General terms of service
1.1 unless otherwise agreed in writing or inconsistent with the mandatory provisions of regulations and laws, all quotations or services made by Dongguan xinzhun Testing Technology Service Co., Ltd. or any associated company and their agents (hereinafter referred to as "the company") and the resulting contracts or other agreements shall be subject to the general terms of service (hereinafter referred to as "the general terms").
1.2 no other party shall have the right to give instructions, especially with respect to the scope of services or the reports and certificates submitted ("test reports") unless the company has received written instructions from the customer to the contrary in advance. The Customer hereby irrevocably authorizes the company to submit the "test report" to a third party.
1.3 unless the company receives the client's prior written instructions to the contrary, no other person has the right to give instructions, especially for the service scope or the delivery of reports and certificates arising therefrom (hereinafter referred to as "test reports"). The client hereby irrevocably authorizes the company to deliver the "test report" to a third party as instructed by the client or in accordance with the circumstances, business customs, customs or practices.
2. Providing services
2.1 the company provides services with reasonable and prudent skills in accordance with the specific instructions of the client. If there is no such instruction, according to:
2.1.1 the terms in any standard order or standard specification sheet of the company;
2.1.2 any relevant trade custom, practice or practice;
2.1.3 the company considers appropriate methods in terms of technology, operation and finance.
2.2 the test report issued after the sample test only reflects the company's evaluation of the sample, and does not reflect the evaluation of a batch of goods sampled.
2.3 the test report issued by the company only reflects the facts recorded at the time of work, and is limited to the scope of instructions received. If there is no instruction, it is limited to the optional reference scope given in 2.1 of this article. The company has no obligation to refer to or report any facts or circumstances outside the scope of specific instructions or other applicable scope.
2.4 the company may appoint an agent or subcontractor to undertake all or part of the services, and the customer shall authorize the company to provide the agent or subcontractor with all necessary information of the services undertaken.
2.5 if the company receives contracts or documents involving customers and third parties, such as sales contracts, letters of credit, bills of lading, etc., these documents are for reference only, and do not expand or limit the scope of services or responsibilities undertaken by the company.
2.6 the customer understands and confirms that although the company provides services, it neither replaces the position of the customer or any third party, nor relieves the customer or any third party of any responsibility, nor undertakes, mitigates, relieves or promises to relieve the customer of any responsibility to any third party or any third party to the customer.
2.7 if the customer instructs the company to keep the samples, the longest retention period of all samples is 3 months or the shortest period allowed by the nature of the samples. After the expiration, the samples shall be handled by the company itself or returned to the customer according to the written request made by the customer before the expiration date, and then the company shall terminate any responsibility for the samples.
2.8 if the customer does not propose the company to keep the samples in writing, the company will dispose the samples according to the internal sample management procedures.
3. Responsibilities of customers
3.1 the customer shall guarantee to provide sufficient information, instructions and documents in time (before our quotation and service) so that the ordered service can be implemented;
3.2 the company shall be informed in advance of any known actual or potential danger or hazard contained in any entrusted sample or experiment, such as the existence and danger of radioactive, toxic, harmful or explosive elements or substances, environmental pollution or poisoning.
4. Charge and payment
4.1 the undetermined testing fee when the company accepts the client's entrustment or contract negotiation shall be in accordance with the new charging standard of the company.
4.2 the customer must pay the relevant testing fee before the sample is commissioned for testing. If the customer and the company have another agreement or signed a cooperation contract, the payment shall be made according to the instructions specified in the contract.
4.3 in case of any unforeseen problems and expenses during the implementation of the service, the company shall try its best to inform the customer of the additional time and expenses necessary for the completion of the service.
4.4 the customer has no right to retain or delay any payment to the company due to any dispute, counterclaim or set off claimed against the company.
4.5 the company may decide to sue any court of competent jurisdiction for the collection of unpaid money.
5. Suspension and termination of services
The company has the right to suspend or terminate the service immediately and without any liability in case of the following circumstances:
5.1 the customer fails to perform any of his duties and fails to remedy such failure within ten days after notifying the customer of such failure;
5.2 any suspension of payment, arrangement with creditors, bankruptcy, insolvency, administration or winding up of the customer.
6. Liability and compensation
Scope of liability:
6.1 the company is neither an insurer nor a guarantor and shall not bear any liability in this respect. Customers seeking guarantees of no loss or damage should be properly insured.
6.2 the test report is issued on the basis of the information, documents and samples provided by or on behalf of the customer, and only for the benefit of the customer, and the customer shall be responsible for the actions it considers appropriate on the basis of the test report. Neither the company nor any member, agent or subcontractor of the company shall be liable to the customer or any third party for any action taken or not taken in accordance with the test report and for any incorrect results caused by unclear, incorrect, incomplete, misleading or false information provided to the company.
6.3 the company shall not be liable for any delay, partial or total failure to perform the services directly or indirectly caused by any reason beyond the control of the company, including the customer's failure to perform any of its responsibilities.
6.4 the liability of the company for any claim for loss, damage or expenses of any kind shall in no case exceed three times the cost of single sample testing.
6.5 in case of any claim, the customer must notify the company in writing within 30 days from the discovery of the so-called facts proving the claim, and the company shall be exempted from all liability for all claims for loss, damage or expenses under any circumstances unless a lawsuit is filed within one year from the following date:
1) The date on which the company performs the service for which the damages are incurred;
2) The original due completion date of any alleged non performance of the services.
7.1 if any one or more of these general terms are found to be illegal or unenforceable, the validity, legality and enforceability of the remaining terms shall not be affected or weakened.
7.2 in the course of providing the services and within one year thereafter, the customer shall not directly or indirectly induce, encourage or offer to employ the employees of the company to leave the position of the company.
7.3 without the written authorization of the company, it is not allowed to use the company's name and registered trademark for the purpose of advertising.
8. Governing law, jurisdiction and Dispute Adjudication
All disputes arising from the provision of services shall be governed by and interpreted in accordance with the laws of the people's Republic of China. All disputes shall be submitted to the courts of the people's Republic of China with jurisdiction for adjudication.
Address: 2-3 / F, block B1, Hexing building,
20 Houjie Avenue East, Houjie Town, Dongguan City