Customer Test Instructions
When United Testing (hereinafter referred to as "the Company") conducts the required inspection and testing for customers, it shall be conducted according to the following terms. The Company also reserves the right to refuse to accept any customer's commissioned for testing without giving any reason:
The Company only provides services for certain specific customers or institutions (hereinafter referred to as "customers"). Unless authorized by the customer, no unit or individual has the right to give any instructions to the Company, especially regarding the scope of the test, the report and the service of the certificate.
All materials,equipment and other property subject to inspection and testing shall be delivered to the Company at the customer's own expense according to the relevant regulations of the Company. When the relevant inspection is completed and the customer is requested by the Company, he must take the relevant materials or equipment by himself. In any case, if the customer fails to take away the relevant materials or equipment within 4 weeks from the date of issuance of the test report (if the materials are consumable, such as liquid and powder samples, the time limit is 2 weeks), the Company may dispose of the materials or equipment at its discretion without compensating the customer.
Before or during the service provided by the Company, customers shall abide by the following terms:
Provide timely requirements and sufficient information to enable the Company to provide effective services;
At the request of the Company, provide necessary equipment and personnel to enable the Company to provide services effectively;
Take all necessary actions to eliminate or remedy anything that will hinder the Company's provision of services;
Inform the Company in advance about the actual or potential danger of the sample or test; e) 为本公司的员工或代表提供一切必要的便利，以使本公司能有效地提供客户所需的服务；
Provide all necessary conveniences for the employees or representatives of the Company, so that the Company can effectively provide the services required by customers;
During the on-site service provided by the Company at the place designated by the customer, the customer needs to ensure the safety of working conditions, sites and facilities;
No matter whether the Company has issued the test report or certificate, it will not affect the customer's obligation to fully fulfill the contract (such as sales contract) signed with the third party. Otherwise, the Company will not be liable to the customer.
4. 在本公司接受客户委托的前提下，本公司将会发出测试报告(和/或证书，下同)，在该客户委托范围内呈现本公司的意见；根据客户的要求本公司原则上可提供语言为中文/英文/中英对照三种形式中的任何一种(特殊除外，以测试实验室的解释为准)，若后续需其他两种文本，每份报告收取RMB 300元，报告发出后，合理要求下修改报告收取RMB 100 元。除特殊的项目外，标准检验周期为5个工作日，加急为3个工作日，特急为1.5个工作日。标准服务本公司毋须在客户的委托范围以外呈报任何事实。客户须提交充足和准确的测试样品资料给本公司，否则本公司不会对证书和/或报告上的任何有关错误负上任何责任。
On the premise that the Company accepts the entrustment of the customer, the Company will issue a test report (and/or certificate, the same below) to present the opinions of the Company within the scope commissioned by the customer. According to the customer's requirements, the Company can provide any one of the three languages in Chinese/English/Chinese-English in principle (except for special cases, which shall be subject to the interpretation of the testing laboratory). If the other two texts are required in the follow-up, RMB 300 yuan will be charged for each report. After the report is issued, RMB 100 yuan will be charged for modifying the report upon reasonable request. Except for special items, the standard testing period is 5 working days, 3 working days for urgent and 1.5 working days for urgent. Standard Service The Company is not required to report any facts outside the scope of commissioned of customers. The customer must submit sufficient and accurate test sample data to the Company, otherwise the Company will not be responsible for any relevant errors in the certificate and/or report.
Under the authorization of the customer, the Company will deliver the report or certificate to the place designated by the customer in a discretionary manner (according to the actual situation, industry habits, habits or general practices).
The Company will handle and issue relevant test reports to customers in a confidential manner. Without the written consent of the Company, the test report shall not be partially reproduced (except for full-text reproduction) for publicity, and shall not be used for other purposes without the permission of the Company. After receiving the relevant test report from the Company, the customer may display or send the test report to its customers, suppliers or other persons directly concerned. Without prejudice to clause 7, unless required by relevant government agencies, laws or court orders, the Company will not discuss, exchange letters or disclose the contents of the test report with other parties without the consent of customers.
Unless the customer objects in writing when submitting the "Commissioned Test Application Form", the Company will have the right to disclose the documents and/or files related to the test to any third-party certification/accreditation institution for review and other related purposes. The Company is not responsible for any disclosure of the contents of documents and/or archives.
If the customer intends to use the test report issued by the Company in judicial or arbitration proceedings, the customer must clearly state this purpose before submitting samples to the Company for testing.
Unless the Company does carry out sampling test and clarify this fact in the relevant test report, the test report is only applicable to the tested samples, but not to the large quantities of relevant goods.
Any documents (such as sales contracts, shipping certificates, etc.) that record the relationship between customers and other parties will only be used as pure information, and will not affect our acceptance of the service scope or responsibilities commissioned by the customers. 11. 假若客户并未指定该测试所应用的测试方法或标准，本公司将会自行选择适当的方法或标准；客户可通过与本公司的联系获得该测试方法的更多信息。
If the customer does not specify the test method or standard used in the test, the Company will choose the appropriate method or standard by itself; Customers can get more information about this test method by contacting the Company.
The Company will not assume any responsibility for any loss caused by the use of any test report (and/or information in the communication) issued by the Company.
Without prejudice to clause 12, the total compensation for any loss of the customer will not exceed 5 times of the service fee paid by the customer to the Company.The Company's liability for compensation will never include any indirect, special or subsequent losses caused by customers (That is, the damage or loss caused by the result of the accident is not immediately caused by the accident).
If the Company fails to provide the test service due to any factors beyond the control of the Company, and the test service has been entrusted or the relevant agreement has been agreed, the customer shall still pay the following fees to the Company:
All the fees and expenses paid by the Company related to the test service;
Part of the agreed test service fee or commission proportional to the test service provided by the Company; At the same time, the Company is not required to continue to bear some or all of the unfinished responsibilities related to the testing service.
Unless the claim is made within one year from the date of the service provided by the Company or within one year from the date when the service should be provided by the Company, the Company will not be liable for the claim.
The customer agrees that the Company will not replace the customer's responsibilities of other parties due to the establishment of a contractual relationship with the customer or the provision of testing services. In addition, the Company is not an insurance underwriter or guarantor, and will not bear any related liabilities.
When the Company provides or fails to provide testing services, causing losses to a third party, the third party needs the Company, employees, agents or independent contractors to pay related losses and/or expenses. If the total amount of compensation claimed for the test service exceeds the compensation limit stipulated in Clause 13, the customer shall compensate the Company for the difference between the above total amount recovered and the compensation limit stipulated in Clause 13.
In the event of improper use of the report, the Company reserves the right to withdraw it, and to adopt any other measures which may be appropriate.
Samples submitted for testing are accepted on the understanding that the report issued cannot form the basis of, or be the instrument for, legal action against the Company.
Samples are deposited with and accepted by the Company on the basis that either they are insured by the Clients or the Clients assumes entire responsibility for loss through fire, theft, burglary or for damages arising in the course of analysis or handling, without recourse whatsoever to the Company or its servants, agent, employees or independent contractors.
If the customer requires that the test of the sample should be carried out in the laboratory of the customer and/or any third party, the Company will only transmit the test results on its behalf and will not be responsible for its accuracy. The Company can only prove that the customer and/or any third party's laboratory has carried out relevant tests, that is, the Company can only confirm that a correct sample has been tested, without any responsibility for the accuracy of the test.
If the Company needs unexpected extra time or expenditure in the process of providing testing services, we can charge extra fees to the customer on this basis.
All legal property rights (including intellectual property rights) related to any reports, certificates or other materials derived from the Company during the period of providing testing services are owned by the Company.
The customer shall support all the expenses related to the test on time on the invoice date issued by the Company or a specific date agreed by the Company in writing, otherwise, the customer shall pay the interest from the invoice date of the Company to the actual payment date (calculated at 3‰ per month). The customer shall also pay all expenses, including legal fees, used by the company to recover the arrears.
When the Company receives the customer's request, we can transmit the test service results through electronic media and try our best to keep the customer's data confidential. However, this customer should pay attention to that electronic media transmission cannot guarantee that the data contained in it will not be lost, delayed or intercepted by other parties. The Company will not bear any responsibility for the leakage, errors or omissions of any data contained in it caused by the transmission of electronic media.
If necessary, the Company may subcontract part of or all tests to competent subcontractors. If no objection is raised at the time of the Clients submitting the application, the Company shall assume the Clients have approved the foregoing.
The Company reserves the right to include Special Conditions in addition to the foregoing General Conditions if in accordance with the particular circumstances of the required test or investigation（This clause is only effective when the other party has been informed）.
For any dispute, controversy or claims arising out of relating to this agreement, or the breach, termination or invalidity thereof between the Company and the Clients, the conditions herein shall take precedence over any other terms and conditions, whether oral or written, previously agreed by the parties or the agents or representatives of either parties.
The above clauses are applicable to the laws of the People's Republic of China. Any dispute arising from or related to the above clauses shall be settled through friendly negotiation. If the agreement fails, the dispute shall be submitted to the people's court of the place where the company is located for arbitration. The arbitration award is binding on both parties. The arbitration fee shall be borne by the losing party.
In case of any discrepancy between the Chinese and English versions of the above clauses, the Chinese version shall prevail.