The terms and conditions set out herein form an integral part of the agreement between the Client and LabTest Certification Inc. for the performance of services to be carried out by LabTest Certification Inc. on behalf of the Client. Unless specifically agreed otherwise in writing, LabTest Certification Inc. is not to be taken to have agreed to any contract terms or conditions that are not as set out or referred to in Sections 1 – 5 herein, whether oral or written.
Section 1 / Invoices
1.1 LabTest Certification Inc. will submit invoices to the client on monthly basis and a final invoice upon completion of services. Invoices will indicate a breakdown of the charges in accordance with LabTest Certification Inc. proposal and or work order. A more detailed separation of charges and backup data will be provided at the Client’s request.
1.2 Payment is due upon issue of invoice and is past due after fifteen days from date of invoice date.
1.3 Overdue accounts will be charged interest at 2% per month.
Section 2 / Ownership of Documents
2.1 All reports, notes, laboratory test data, calculations, estimates and all other documents prepared by LabTest Certification Inc. are instruments of service and as such shall remain the property of LabTest Certification Inc. Any use of documents produced by LabTest Certification Inc. or the LabTest Certification Inc. name or logo by the client for advertising, promotion or any other use will require the written approval of LabTest Certification Inc. Reproduction or distribution of reports or any other LabTest Certification Inc. documents will require written approval of LabTest Certification Inc.
2.2 Client agrees that all reports and work furnished to the Client or its agents, which are not paid, shall be returned to LabTest Certification Inc. upon demand and shall not be used by the Client for any purposes whatsoever.
2.3 LabTest Certification Inc. will retain all pertinent record related to the services performed for a period of five years following the completion of service, during which period said records will be made available to the Client at LabTest Certification Inc.’s office with reasonable notice.
Section 3 / Disputes
3.1 In the event that any report or any aspect of the service as provided by LabTest Certification Inc. give rise to the need for the attendance of any employee of LabTest Certification Inc. in any court in any jurisdiction or in any arbitration or other similar proceeding, all time spent by such employee and all supporting staff, including expenses, shall be billed to the Client in accordance with LabTest Certification Inc.’s standard fee schedule.
Section 4 / Responsibility
4.1 Services performed by LabTest Certification Inc. under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No warranty, express or implied is made.
4.2 Any applicable statute of limitations or limitations period, with respect to any cause of action the Client may have, shall be deemed to start to run not later than the completion date of LabTest Certification Inc.’s services. ONE STOP GLOBAL CERTIFICATION SOLUTIONS
4.3 The Client acknowledges that LabTest Certification Inc.’s Services do not include any responsibility to direct or supervise the Client’s operations.
4.4 The Client is responsible for furnishing LabTest Certification Inc. with any and all revisions to the scope of work in a timely fashion.
4.5 Client acknowledges that examination, preparation, transportation and testing of submitted sample may irrevocably alter or damage the submitted sample, thereby possibly reducing the commercial value of the sample. Client agrees to hold harmless LabTest Certification Inc. of any and all responsibility resulting from such alteration.
4.6. Unless otherwise agreed to in writing at the time of accepting the quote, all submitted samples shall be destroyed or otherwise made unsuitable for any practical use, and thereafter disposed of at any time after 30 calendar days from the project closing date.
Section 5 / Liability
5.1 LabTest Certification Inc.’s total cumulative liability for all claims arising from services, whether in contract or in tort, including negligence, strict liability or otherwise shall not exceed the fees paid to LabTest Certification Inc. for said services. LabTest Certification Inc. shall not be responsible for any loss, damage or liability arising from any negligent acts by the Client, the Client’s agents, staff and consultants employed by the Client. Furthermore, in no event shall LabTest Certification Inc. be liable to the Client in contract or in tort, including negligence, strict liability or otherwise, for any loss of use, business interruption, loss of profit and liability to other persons for breach of contract. For the purposes of the above clauses dealing with liability, LabTest Certification Inc. is acting for itself and on behalf of its present and former directors, officers, employees and agents.
5.2 LabTest Certification Inc. and the Client release each other from any liability for property damage howsoever caused in connection with the services to the extent that the party suffering the loss is compensated under a physical insurance policy.
5.3 This agreement shall endure to the benefit of and shall be binding upon the Client and LabTest Certification Inc., and their successors and assigns. This agreement will be interpreted in accordance with and governed by the laws of the jurisdiction within which the LabTest Certification Inc. office is located.
5.4 Any legal action that may arise from any dispute concerning the execution of services as defined in this agreement shall be venued in the jurisdiction of the LabTest Certification Inc. office that rendered said service.
5.5 LabTest Certification Inc. makes no claim that Authorities Having Jurisdiction (AHJs) will accept and / or recognize the LabTest certification mark(s). It is the clients responsibility to confirm with the AHJs in the intended market area that they accept the LabTest certification mark(s). LabTest Certification Inc. is accredited by Standard Council of Canada (SCC) as a Certification Body (CB). LabTest Certification Inc. is not recognized by OSHA as an NRTL for the USA.