TERMS & CONDITIONS GOVERNING PRODUCT TESTING, INSPECTION AND CERTIFICATION SERVICES PROVIDED BY TÜV SÜD PSB PTE LTD
1. Introduction
1.1. These Terms and Conditions are applicable to all Product Testing / Inspection / Certification Services (“the Technical Services”) provided by TÜV SÜD PSB Pte Ltd (“TÜV SÜD PSB”).
1.2. In addition, Clients who have their products / packaging certified under the TÜV SÜD PSB Product Listing Scheme, TÜV SÜD PSB Type Testing Certification Scheme, the TÜV SÜD PSB UN Mark Certification Scheme or any other certification schemes operated by TÜV SÜD PSB will also be subject to the terms and conditions of the relevant schemes.
2. Request Procedure
2.1. Clients requesting for the Technical Services from TÜV SÜD PSB shall submit to TÜV SÜD PSB, a duly completed “Request for Technical Services” in the form as prescribed by TÜV SÜD PSB before or at the time the Client’s product / equipment is delivered TÜV SÜD PSB. The Client shall be fully responsible for the delivery to TÜV SÜD PSB of all products / equipment required for the Technical Services.
2.2. Any Request for Technical Services submitted by the Client is subject to the acceptance by TÜV SÜD PSB. TÜV SÜD PSB reserves the right to reject any Request of Technical Services without the need to give any reasons for the rejection. The submission by the Client of the Request for Technical Services and acceptance by TÜV SÜD PSB shall constitute a binding agreement between the Client and TÜV SÜD PSB and the terms and conditions set out herein shall apply accordingly.
2.3. A job number will be assigned by TÜV SÜD PSB to each product / equipment when the Request for Technical Services is accepted. The job number shall be referred to in all subsequent communications.
3. Client’s Undertakings
3.1. The Client shall supply the necessary accessories, information and / or documents, for the Technical Services including any foreign test reports, company test reports, product specifications, catalogues and instruction manuals. Until all necessary accessories, information or documents are supplied, TÜV SÜD PSB will not commence the Technical Services.
3.2. TÜV SÜD PSB, at its sole discretion, reserves the right not to undertake the Technical Services and terminate the agreement for the same in the event the Client fails to comply with the terms and conditions set out herein.
3.3. If the Client fails to supply the necessary accessories, information and / or documents upon notification by TÜV SÜD PSB, a storage fee of $10 to $50 per day, depending on the type and nature of the product / equipment, will be charged within one week from the date of notification. In the event that the Client fails to provide the necessary accessories, information and / or documents within one month from the date of notification, the agreement for the Technical Services will be deemed terminated and TÜV SÜD PSB will dispose of the product / equipment in accordance with the provisions of Clause 8.
3.4. The Client warrants that all information and / or documents supplied to TÜV SÜD PSB is accurate and correct in all aspect and shall indemnify TÜV SÜD PSB for all loss and damages arising from the Technical Services herein caused by incorrect information and / or document supplied by the Client.
4. Services
4.1. The product / equipment submitted for the Technical services will be compatible with the Client’s specifications. Upon receipt, the product / instrument will be inspected physically and if found below certain standards or faulty, the Client will be informed accordingly. The Client or his representative may be present at the time of inspection.
4.2. If defects necessitating repair are found after the Technical Services has begun, the Client will be informed accordingly and no further work will be carried out until the defects are rectified by the client. A fee will still be charged in accordance with the amount of work done by TÜV SÜD PSB if the Client chooses to have the Technical Services terminated after the discovery of defects.
5. Reports
5.1. Results of the Technical Services in the form of a report will be issued within a reasonable time after the services has been completed or terminated.
5.2. Unless otherwise requested, a report shall contain only technical results. Analysis and interpretation of the results and professional opinion and recommendations will only be provided by TÜV SÜD PSB upon the express request of the Client and on payment of additional fee by the Client.
5.3. The report issued in respect of the Technical Services is not a Certificate of Quality. It only applies to the sample of the specific product / equipment given at the time of its testing / certification / inspection. The results shall not be used to indicate or imply that they are applicable to other similar items. In addition, such results must not be used to indicate or imply that TÜV SÜD PSB approves, recommends or endorses the manufacturer, supplier or user of such product / equipment, or that TÜV SÜD PSB in any way gives guarantee or warranty in respect of the performance or capabilities of the product / equipment.
5.4. Additional copies of the report are available to the Client at an additional fee. No third party can obtain such report through TÜV SÜD PSB unless with the written consent of the Client authorizing TÜV SÜD PSB to release the report to the said third party.
5.5. The report shall not be reproduced wholly or in parts and no reference shall be made by the Client to TÜV SÜD PSB or to the report or results furnished by TÜV SÜD PSB in any advertising or sales promotion.
5.6. TÜV SÜD PSB may at its sole discretion add or amend the conditions of this clause at the time of issue of the report and such additions or amendments shall be binding on the Client.
5.7. All copyright in the report shall remain with TÜV SÜD PSB and Client shall upon payment of TÜV SÜD PSB’s fees for carrying out of the Technical Services, be granted a license to use or publish the report to third parties subject to the terms and conditions herein, provided always that TÜV SÜD PSB may at its absolute discretion be entitled to impose further conditions on such license as it sees fit.
5.8. The report issued in respect of the Technical Services does not indicate or imply in any way that the product / equipment tested would be approved for use in any country. The Client is advised to seek approval from the relevant authorities before supplying or advertising for supply of the product / equipment in Singapore and where applicable, apply for registration of the product / equipment with the relevant authority.
6. Fees
6.1 Fees are charged for all Technical Services performed. An estimate of the fees involved will be supplied on request before the commencement of work.
6.2 When a Client decides to withdraw his product / equipment from the Technical Services, he may only do so by giving a notice in writing to TUV SUD PSB within three working days after his submission of the request for technical services. The Client will be charged for all Technical Services performed prior to such withdrawal. If TUV SUD PSB does not receive any written notice of such withdrawal within this period, the full fee for the Technical Services will be charged.
6.3 Companies who are not given any credit terms by TUV SUD PSB have to pay in advance.
6.4 For companies who are given credit terms by TUV SUD PSB, an invoice will be issued when a job is completed and the fees shall be remitted to TUV SUD PSB within thirty days of presentation of the invoice or upon return of the product / equipment to the Client, whichever is earlier, failing which, interest at a rate of 1% per month shall be imposed. A copy of the invoice shall be forwarded with the remittance of the fees and an official receipt will subsequently be issued by TUV SUD PSB.
7. Taxes
The Client agrees to indemnify and pay TÜV SÜD PSB for all taxes, levies and duties including, but not limited to, goods and services tax or withholding tax which TÜV SÜD PSB may be liable to pay as a result of providing the services to the Client herein.
8. Collection of Tested Product
8.1. Upon completion of the Technical Services, the Client undertakes to collect all products / equipment within four weeks from the date of TÜV SÜD PSB’s report. If the Client fails to collect the product / equipment within the stipulated time, TÜV SÜD PSB shall send a written reminder to the Client giving the Client an additional seven days to collect the tested product. If the Client shall fails to collect the product / equipment, TÜV SÜD PSB shall proceed to dispose the product / equipment in any manner it deems fit without further notice to the Client and charge the Client a disposal fee of $50 to $200 depending on the type and nature of the product / equipment.
8.2. Subject to TÜV SÜD PSB’s acceptance, the Client may request TÜV SÜD PSB for the product / equipment to be delivered to the Client’s premises in Singapore for an additional fee.
8.3. For Clients who are not in Singapore, if delivery of the product / equipment is requested by the Client, TÜV SÜD PSB may, arrange with a carrier of its own choice (unless specified otherwise by the Client) for the delivery of the product / equipment. The delivery of the product / equipment shall be at the Client’s cost and risk.
8.4. The Client shall not in any circumstances use the product / equipment submitted for the Technical Services or any parts or components thereof for any purpose whatsoever. TÜV SÜD PSB shall not be responsible to the Client or any third party for any loss or damage whether direct of consequential arising from the use of the product / equipment which has been submitted for the Technical Services or part or component thereof by the Client.
9. TÜV SÜD PSB Pte Ltd’s Liability
9.1. TÜV SÜD PSB shall not under any circumstances be responsible for any loss or damage to the product / equipment during transit or while in the custody of TÜV SÜD PSB. All reasonable care will be taken where the product / equipment is in TÜV SÜD PSB’s custody, but insurance against accidental loss or damage, either in transit or at TÜV SÜD PSB shall be arranged by the Client.
9.2. TÜV SÜD PSB warrants that it will exercise reasonable care and diligence in performing the service herein and except as provided herein, all other warranties, whether expressed or implied, are hereby expressly excluded.
9.3. Subject to the provisions herein, TÜV SÜD PSB shall under no circumstances be liable to the Client or its agents, servants or representatives, for any direct or indirect loss or damage suffered by the Client, its agents, servants or representative however arising in connection with the services provided by TÜV SÜD PSB herein. In the event that TÜV SÜD PSB is found liable to the Clients, its agents, servants or representatives by operation of law, the maximum amount of TÜV SÜD PSB’s liability shall not exceed the amount of fees paid by the Client to TÜV SÜD PSB in respect of the Technical Services.
10. Lien
In addition to any right of lien to which TÜV SÜD PSB may be entitled by law, TÜV SÜD PSB shall be entitled to a general lien on all product / equipment of the Client submitted for the Technical Services.
11. Indemnity
The Client shall indemnify TÜV SÜD PSB fully against all loss or damages suffered and cost and expenses incurred by TÜV SÜD PSB and all claims by any third parties as a result of any breach of the terms and conditions herein by the Client including but not limited to the improper use of the test reports and / or for any promotional or advertising activities in breach of the terms and conditions herein, and / or supply of inaccurate information and / or documents to TÜV SÜD PSB or any claim by third party for infringement or intellectual property rights and / or for discovery of information and / or for delivery of documents or products / equipment.
12. Court Appearance
In the event any of the employees of TÜV SÜD PSB is requested by the Client or summoned by the court upon application by the Client or any other parties for his attendance in court as an expert witness on the subject of the Technical Services provided, the Client agrees and shall pay TÜV SÜD PSB for such attendance in court based on TÜV SÜD PSB’s prevailing rates for court attendance. TÜV SÜD PSB may at its sole discretion revise its rates for court attendance from time to time.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the Laws of Singapore and the Client agrees to submit to the non-exclusive jurisdiction of the Singapore Courts.