These general terms and conditions of service (hereinafter referred to as the "General Conditions") shall govern all offers or services and any resulting contractual relationship(s) between RAK LAB LLC and Customer(the "Contractual Relationship(s)"), unless otherwise agreed in writing or except where they are at variance with (i) the regulations governing services performed on behalf of governments, government bodies, or any other public entity, or (ii) the mandatory provisions of local law.
2. PROVISION OF SERVICES
The Company shall offer services with reasonable care and competence and in accordance with the Client's explicit instructions as confirmed by the Company.
Information stated in Reports of Findings is derived from the results of testing carried out in accordance with the relevant test method. and/or our assessment of such results on the basis of any testing procedure with the instructions provided by customer.
Reports of Findings issued further to the testing of samples contain the Company’s opinion on those samples only. It shall be reproduced in full and with the written
Should Customer request that the Company witness any third-party intervention, Customer 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. Customer 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.
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. 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.
If the Customer requests that the company subcontract the test, the company may delegate the performance of all or part of the services to the subcontractor, and the Customer authorises the company to disclose all information required for such performance to the subcontractor.
All samples shall be held for a maximum of one month, or such shorter period as the nature of the sample permits, and then returned to the Customer or disposed of at the Company's discretion, after which the Company shall no longer be responsible for such samples. Samples stored for longer than three months will incur a storage charge payable by the client. If samples are returned, the Customer will be charged a handling and freight cost. If special disposal expenditures are incurred, these will be billed to the client.
While the Company will make a good faith attempt to fulfil the delivery and turnaround periods specified in the Offer, these deadlines are only estimating and do not represent a promise from the Company.
3.OBLIGATIONS OF CLIENT
Making sure that all necessary instructions, paperwork, and information are provided on time (and, in any case, no later than 48 hours before the intended intervention) in order to allow the necessary services to be completed.
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 especially in site tests such as Geotechnical and environmental services.
Supply, if required, any special equipment and personnel necessary for the performance of the services.
Ensure that all necessary measures are taken for safety and security of working conditions, sites during the performance of services
The Customer shall inform the Company in writing prior to the Company carrying out any Service on a Customer site or Sample that is of a dangerous or unstable nature, as well as notify the Company of any actual or potential health & safety hazards relating to a Sample and arising from the Company’s performance of the Services, and shall provide instruction on the safe visiting of the site or safe handling of the Sample. The Customer shall accept full responsibility for appropriate safety labelling pertaining to the Sample and any equipment provided to the Company by the Customer
Fully exercise all its rights and discharge all its liabilities under any relevant sales or other contract with a third party and at law.
4. FEES AND PAYMENT
The Customer shall pay the Company charges set out in the Quotation, if applicable, or as otherwise contemplated for the provision of the Services (“Consideration”) and shall pay the Company on demand for any expenses incurred in the provision of the Services ("Costs"), unless expressly agreed otherwise in writing.
The Customer shall pay the Consideration and Costs stated in any invoice for Services provided pursuant to these Terms and Conditions in full, without deduction or set-off, within thirty (30) days of the date stated on that invoice.
Aall applicable taxes shall be payable by Client.
Customer shall not be entitled to keep or defer payment of any sums owed to the Company because of any dispute, counterclaim, or set off which it may assert against the Company
The company may take legal action to collect outstanding payments in any appropriate court.
The Principal must indemnify the Company for all expenditures incurred in recovering arrears owing to late payment, including attorney's fees and other legal expenses.
5. 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:
Failure by the Customer to comply with any of its obligations hereunder and such failure is not remedied within 15 days that notice of such failure has been notified to Client; or
Any suspension of payment, arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by Client.
6. CONFIDENTIALITY
Confidentiality For the purposes of this condition , "Confidential Information" shall mean all information which a party may have or acquire before or after the date of the Contract which relates to a party's business, products, developments, trade secrets, know-how or other matters connected with the Services and information concerning a party's relationships with actual or potential clients, customers or suppliers and all other information designated as confidential or which ought reasonably to be considered confidential
Each party (the "Recipient") shall keep all Confidential Information of the other party (the "Disclosing Party") in the strictest confidence. Save for the purposes of fulfilling its obligations under the Contract, the Recipient shall not, without the prior written consent of the Disclosing Party, disclose, divulge or grant access to the Confidential Information which it has received and shall not permit any of its employees, agents or officers to disclose, divulge or grant access to such Confidential Information
7.REPORTING STATEMENT OF CONFORMITY:
Prior to testing, the customer should be notified about the Reporting Statement of Conformity and which specification, standard, or guideline will be used for the specific application.
Company shall state the Statement of Conformity as arranged with the client. Company will apply decision rules based on applicable standard guidelines / project requirements / local regulatory authority / normative papers, which will be communicated and agreed upon with the customer prior to the start of testing.
8. PREMISES ACCESS
The Company’s premises (the “Premises”) are a designated security area.
Tthe Company reserves the right to refuse admission to the premises;
Unless otherwise agreed in advance by the Company, one visitor per Customer may be admitted on request to witness the Services carried out for that Customer; and
Visitors to the Premises shall conform to the Company’s regulations and procedures
Where any aspect of the Service is undertaken on premises not occupied by the Company or under its direct control, the Customer must ensure that all necessary safety measures are in place to comply with all applicable health and safety regulations
9.ANTI-CORRUPTION
The Customer undertakes to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Articles 234-239 of the UAE Penal Code set provisions for anti-bribery and corruption and that it shall not do, nor omit to do, any act that will lead to the Company being in breach of any of the Anti-Corruption Laws. The Customer shall:
Comply with the Company's Anti-corruption policies as may be notified by the Company to the Customer and updated from time to time ("Relevant Policies").
promptly report to the Company any request or demand for any undue financial or other advantage of any kind received by the Customer in connection with the performance of the Contract.
10 SUBCONTRACTING
Sub-contracting
Unless otherwise restricted by the terms of the Contract and/or obligations under any accreditation or governing approval, the Company shall be entitled, in its absolute discretion, to sub-contract the whole of or any part of the Service.
The Company may assign, delegate, license or hold on trust, all or any part of its rights or obligations under the Contract.
The Contract is personal to the Customer which may not assign, delegate, license, hold on trust or sub-contract all or any of its rights or obligations under the Contract without the Company's prior written consent
