Terms & Conditions of Business –
Exeter Analytical Limited
1. These Terms & Conditions apply to all dealings with Exeter Analytical (“EA”) for the supply of chemical analyses.
2. On receipt of your completed Analytical Data Form, subject to clause 3 below, EA agrees to provide the analysis of chemical samples requested on the form and will use its reasonable endeavours to provide the analysis within a reasonable period of time from supply of samples.
3. EA reserves the right at any time to refuse to supply any chemical analyses requested and will notify you as soon as is reasonably practicable of such decision.
4. The price for the analysis shall be as agreed between you and WAS from time to time and shall be subject to VAT at the prevailing rate.
5. Payment terms are 30 days from receipt of invoice.
6. Interest on overdue invoices will accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above (name) Bank plc`s base rate from time to time in force.
7. EA’s total liability to you, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the price to be paid for the analysis.
8. EA shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
9. Any provision of these Terms & Conditions that is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this agreement.
10. You acknowledge that these Terms & Conditions, the Analytical Data Form and the price agreed with you contain the whole agreement between the parties and that you have not relied upon any oral or written representation made to you by EA or its employees or agents and has made its own independent investigations into all matters relevant to it.
11. These Terms & Conditions supersede any prior agreement between the parties whether written or oral.
12. These Terms & Conditions are subject to the law of England and Wales.
13. All disputes arising out of these Terms & Conditions shall be subject to the jurisdiction of the courts of England and Wales.
14. The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce any of these Terms & Conditions.
15. All information provided by the customer, or, by EA will remain in confidence. Any breach of this confidentiality will result in legal action.
Disclaimer for Test Reports
The test report was made with due care within the limitation of a defined scope of work and on the basis of information, materials received from the Customer or its nominated third parties. Exeter Analytical (UK) Ltd is under no obligation to refer to or report upon any facts or circumstances which are outside the specific instructions received and accepts no responsibility to any parties whatsoever, following the issue of the report, for any matters arising outside the agreed scope of the works. The tests results are not intended to be a recommendation for any particular course of action. Customer is responsible for acting as it sees fit on the basis of such results. The reported result(s) relate specifically to the sample(s) that were drawn and delivered by the Customer or their nominated third party. The reported result(s) provide no warranty or verification on the sample(s) representing any specific goods, material and/or shipment and only relate to the sample(s) as received and tested. Exeter Analytical (UK) Ltd will not be responsible for any damages caused to the samples during their transit to it’s facilities and Customer acknowledges that the conditions surrounding the samples during the transit may impact the results. This report does not discharge or release the factory/sellers/suppliers from their commercial, legal or contractual obligations with buyers or end-users in respect of products provided by the factory/sellers/suppliers. Any use of the Exeter Analytical (UK) Ltd name or one of its marks for the sale or advertisement of the tested materials or product must first be approved in writing by Exeter Analytical (UK) Ltd.