GENERAL CONDITIONS OF SERVICE
QC United Testing Co., LTD. (including its branches, subsidiaries and its offices, hereinafter referred to as "our company") according to the terms and conditions contained in this article (hereinafter referred to as "general conditions")provides services to individuals or institutions (hereinafter referred to as "client") who needs testing services.
The contents of the general conditions are used as attachments to the relevant Testing Application Contract, Application Agreement, etc. Unless otherwise specified in written paper, the offer or service and derivative contract relationship between the two parties will be executed in accordance with the contents of the general conditions.
1. When applying for testing, the client should fill out the testing application agreement, sign and seal it and submit it to us (by any one among E-mail, fax, express delivery, etc.). If the client has special requirements for testing services, it should inform the company in written form while submitting the "Application Agreement" to our company. Our company has the right to review its rationality and legality, and can decide whether to accept the request according to the actual situation or not.
The client should provide our company with legal, applicable and appropriate samples in accordance with the requirements and pay the testing fees and other related expenses. Our company will provide the test report according to the method agreed by both parties according to the client’s test application agreement or the testing items and requirements in the contract.
3. The client should be responsible for proper protection and packaging of the samples to ensure the safety of the samples during transportation or handover. Our company does not assume any responsibility for any damage or loss of samples that may occur during the transportation process or when it is not suitable for testing.
4. If the client needs our company to go out for sampling or on-site testing, the client should ensure that there are no dangerous factors at the work site that endanger or affect the personal and property safety of the staff of our company. Including but not limited to medical expenses, treatment of work-related injuries, economic compensation which should be borne by the client, unless otherwise agreed.
5. The client should inform our company of any actual or potential risks or dangers related to the testing service, such as radiation, toxic or harmful or explosive substances, environmental pollutants or poisons, etc., and promise that the testing samples comply with the relevant national laws.
6. After receiving the samples and relevant information provided by the client, our company will conduct a timely inspection. If the sample is found to be wrong, the sample volume is insufficient, the sample is damaged, or the necessary information is missing (may affect the accuracy of the result and the judgment of the result) , The client should be notified in time to add qualified samples and materials, and the service period should be recalculated after the company receives the supplemented samples and materials.
7. The sample may be damaged or destroyed during the testing process due to the requirements of the testing method. Our company is not responsible for this. If the client has no special requirements for the retention of the tested samples, our company will combine the characteristics of the samples and retain the samples according to the internal management requirements. If the retention period expires, our company has the right to destroy or dispose of the retained samples by ourselves. If the client requests to extend the storage, the client should bear the sample storage fee. If the client requests the sample to be returned, the relevant cost should be borne by the client.
8. The client should clearly fill out the service requirements in the test application agreement or contract, including but not limited to the test items and the test methods on which they are based. If the client specifies the testing method, the client is responsible for the testing method; if the testing method is recommended by our company, our company is responsible for selecting the applicable method and notifying the client.
9. If the client needs to change the testing service requirements during the testing process, it needs to submit a changing application, and our company will conduct a contract review on the changed content. If the client requests our company to terminate the testing or change the testing requirements in written form, our company should terminate or modify the client’s request, but the client should pay the testing costs (including but not limited to testing fees Labor costs, travel expenses, reagent fees, etc.), and do not have the right to request our company to refund the money it has previously paid.
10. If the testing project requires subcontracting testing, our company is responsible to the client for the work of the subcontracting party, except for the subcontractor designated by the client or the statutory management agency.
11. The testing service period of our company starts from the time when the client provides the complete test application form, the quotation after the sign-off, and the sample has arrived at our company. For testing services such as expedited request by the client, our company will determine whether it can be satisfied according to the testing (certification) method and actual conditions of the project or not.
12. In case of unforeseen technical level and failure of testing equipment and other reasons that cannot be completed in time for testing (certification) projects or failing to perform the testing, our company will promptly notify the client. Our company will not bear any responsibility for breach of contract in this case.
13. Our company can provide Chinese or English language reports according to the request of the client. When requesting English, Chinese and English reports, the client should provide the English information about the content of the client's name, sample name, etc.Our company will not translate the information provided by the client unless otherwise agreed.
14. For the samples submitted for testing, the results data on the testing report or certificate issued by our company are only responsible for the samples submitted for testing, and do not give any opinions on the same batch of products from which the samples are taken. In any case, the responsibility of our company should not exceed the scope of the test report issued by our company for the sample.
15. After the completion of our company's services, if the client has any objection to the test results or submits a report modification application, it should submit it to us in written form within 15 days from the completion date of the test report, and attach the original report. If no objection is raised within the time limit, it should be deemed that the client has agreed with the test result. When submitting the request for change of the re-inspection report, our company will only re-inspect or change the original sample according to the original inspection method, and the client should pay the corresponding re-inspection fee according to the re-inspection or report change. If a new sample is to be used and / or a new method is proposed for testing, it should be regarded as a new application for testing. In the following cases, our company will no longer accept the re-inspection request:
(1) The original sample has been retrieved by the client; (2) The original sample cannot be saved; (3) The original sample has been used up; (4) The original sample is left not sufficient enough for re-inspection; (5) The original sample has been destroyed beyond the shelf life; (6) The original sample has deteriorated; (7) Items that cannot be re-tested; (8) Other circumstances that are considered not allowed to be re-inspected.
16. Since some testing items or methods have not been qualified by the inspection and testing organization, in this case, if the client accepts our company's testing services, the report results are limited to scientific research, teaching, internal quality control, comparison testing and other activities Use, can not be used as a third-party certification issued to the community or any other commercial purposes, our company does not assume any risks and legal liabilities arising therefrom.
17. Our company conducts testing based on the information and samples provided by the client or its agent, and prepares the testing report. The client should be responsible for the authenticity of the information, documents and samples. Our company or our company's personnel or subcontractors should not be held liable for false results caused by the unclear, erroneous, incomplete, misleading or false information provided by the client.
18. The client promises to pay the testing fees to our company in full and on time in accordance with the contract, and should not withhold or postpone any payment on any grounds such as disputes, cross-claims or set-off with us. If the client terminates the payment or fails to pay all or part of the amount due to our company for any reason, our company has the right to suspend the provision of all services and refuse to issue the test report and any related materials. If the client fails to pay the test fee within the time limit agreed in the contract, every day of the extension, our company has the right to request the client to pay the penalty of 5‰ of the total payable testing fee until the client pays all the arrears and relevant interest to us. Our company should not be liable for any breach of contract and loss caused thereby. And also we have the right to suspend the service and refuse to issue a test report.
19. Our company promises to undertake the obligation of confidentiality to the technical information,information and informal publications provided by the client. The client should undertake the obligation of confidentiality for the information as well as the environmental conditions, product technology, production process, etc. provided by our company.
20. Our company does not assume any responsibility when we cannot perform or fulfill the agreed obligations due to the circumstances beyond our control, including but not limited to the following situations: force majeure; the client cannot perform its obligations as agreed; the reasons of the client, our company fails to complete the testing service as agreed which is caused the client and causes some loss or damage to the client; when the relevant laws, regulations and standards change.
21. The rights and obligations of both parties and the method of dispute resolution should be abide by the laws of the People ’s Republic of China. When a dispute occurs during the performance of the contract / agreement, the two parties should negotiate to resolve it. If the negotiation fails to resolve it, they may apply to the arbitration institution where our company is located or file a lawsuit with the people's court.
22. The client can provide any feedback or complaints about the related services through our company's complaint hotline 021-59553096, complaint mailbox :service@qcuni.com, or through any other convenient means.
23. These general conditions are set up in Chinese. If there is any difference in translation, the Chinese version will prevail.