Terms and Conditions of Testing

These Terms and Conditions are effective from 25.07.2005 until further notice.

1. Definitions

a) "You", the Customer, a person or company buying our Services.

b) "Metals Technology (Testing) Limited" (us, our, we) the Service Provider.

c) "Items" are Test-Pieces, Samples etc which are tested by us.

d) "Services" and "Tests" are principally Chemical Analysis, Mechanical Testing, Metallurgical Investigations and Non-Destructive Testing.

e) "On-Site" the current operating premises of Metals Technology (Testing) Limited.

2. Application

This Agreement applies to Services and all statements made by Metals Technology (Testing) Limited in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Metals Technology (Testing) Limited in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.

3. Quotations/Orders/Contract

Prices are subject to continuous revision. Quotations are only valid in writing and during the period that they state. If unstated, the period is 10 days (incl. 3rd Party Services). Orders may be received by writing, internet, telephone or fax but are only binding when officially accepted by Metals Technology (Testing) Limited. Metals Technology (Testing) Limited reserves the right to change or refuse Services (incl. 3rd Party Services) at any time.

4. Price & Payment Terms

Payment must be received at least 30 days from the invoice date to avoid interruption to testing services or changes to your credit or payment terms. We reserve the right to suspend services to customers who have outstanding accounts. In order to recover the debt, legal action may be brought against customers with outstanding accounts. All costs and interests to be borne by the customer.

5. Delivery/Title/Risk

The length of time our service takes to complete is approximate. Results may be imparted by installment. The customer must indicate if a preferred method of correspondence is required. Our Test Certificate must not be transcribed (except in full) under any circumstances. The Test Certificate relates only to the samples tested.

6. Acceptance

Metals Technology (Testing) Limited does not accept refunds for tests which fail to meet the required specification(s), unless the failure is attributable to an error on our part. Items are tested fairly and in accordance with the relevant specification.

7. Services

Services will be provided by Metals Technology (Testing) Limited or a Third-Party Service Provider. Response times are estimates and may vary according to the remoteness or accessibility of location. Services may be provided via telephone, internet or email where appropriate.

8. Liability

Metals Technology (Testing) Limited accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of Metals Technology (Testing) Limited, Service Provider or our employees, agents, subcontractors. Except for death/personal injury, this liability is limited to the price of the service.

Metals Technology (Testing) Limited does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by Metals Technology (Testing) Limited within reasonable time, 4) loss avoidable by you through reasonable conduct, including Metals Technology (Testing) Limited's reasonable advice generally, 5) all items excluded by Force Majeure.

9. Force Majeure

Metals Technology (Testing) Limited is not liable for delays in performance caused by circumstances beyond its reasonable control; examples include strikes, terrorist acts, war, supplier / transport / infrastructure problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than two months, this Agreement may be terminated by either party without compensation.

10. Confidentiality

Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.

11. Termination

Metals Technology (Testing) Limited may terminate this Agreement with immediate written notice if you: 1) fail to pay on time (including any previous orders), 2) breach or Metals Technology (Testing) Limited suspects you have breached export control laws. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.

12. Your obligations as a Customer

You are responsible for:

a) your own choice of Service and its suitability for purpose;

b) your telephone & postal charges in contacting us, if any;

c) any specifications & special instructions given by you;

13. Data Protection

Your data will be held and/or transferred in strict accordance with the applicable data protection laws and Metals Technology (Testing) Limited's data protection registration. You may instruct Metals Technology (Testing) Limited not to use your data for direct marketing purposes.

14. Consumer Rights

If you are a Consumer you may cancel your order at any time prior to testing without cause and receive a refund of the Price paid. To do this you must inform Metals Technology (Testing) Limited in writing. Any statutory Consumer rights are unaffected by this Agreement. This does not apply to any business customer.

15. Jurisdiction

English law and the exclusive court jurisdiction of the English courts will apply to this Agreement.

16. Miscellaneous

If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Metals Technology (Testing) Limited may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.

17. Time Requirements

Items must arrive before 10am on the day the results are required in order to be processed the same day. Although we will almost always be able to provide this service, occasionally, during extremely busy periods, this may not be possible. Metals Technology (Testing) Limited accept no responsibility for any loss incurred due to the Same Day Service being temporarily unavailable.

18. Limitations

Items that arrive after 10am will be considered for Same-Day Service (SDS), but allocation will be on a first-come, first-served basis. Metals Technology (Testing) Limited cannot guarantee items that arrive after 10am will be processed as SDS.

19. Directions

All items deposited at Metals Technology (Testing) Limited must be accompanied by a signed and completed purchase order. All purchase orders must be delivered to the main office. Items which are deposited on site but not checked-in to the office may not be processed. Metals Technology (Testing) Limited are not responsible for items left on-site which are not:

a) Deposited in the designated place and;

b) Reported to the Office and supplied with the appropriate purchase order.

20. Labeling/Marking

All items which are NOT marked "Same Day Service" will be treated as Standard Service. This is usually around 3-5 working days. Items marked "Priority" or "Urgent" will be tested first at no extra cost, however Metals Technology (Testing) Limited makes no guarantee that items marked "Priority" or "Urgent" will be tested any faster than items which are unmarked.

21. Remnants/Test-Piece Retention

Although all reasonable care is taken, any sample supplied by or belonging to the customer will be held by Metals Technology (Testing) Limited for 30 days before commercial disposal at the risk of the customer and no liability for its loss or damage can be accepted by us. Items which are required to be returned to the customer after the completion of tests should be clearly indicated on the purchase order. In this case, Metals Technology (Testing) Limited will dispatch the item, or any remaining part of the item, to the customer by normal post or delivery services at the risk of the customer. If the item is expensive to return (due to its size, weight or distance to consignee) Metals Technology (Testing) Limited reserve the right to charge the cost of return delivery to the customer. Metals Technology (Testing) Limited accepts no responsibility for the loss of items when it has not been made clear that the items should be returned after testing.

22. Testing Risk Responsibility

It is the responsibility of the customer to advise us in writing of any particular danger or risk which may be incurred by testing the item submitted. If the customer should fail to do so it will indemnify Metals Technology (Testing) Limited against all loss or damage suffered by Metals Technology (Testing) Limited or its personnel or any other persons on the premises arising as a result of such event.

23. Collection

Metals Technology (Testing) Limited operates a Free Collection Service for UK customers only. Collection will be organised either by ourselves or by Third-Party courier. Customers may also dispatch items to us by an independent courier at the cost of the customer. This service is not available to:

1) Customers from outside the UK

2) Private consumers (i.e. non-business orders)

3) Large, heavy or numerous items (at our discretion)

Metals Technology (Testing) Limited reserves the right to refuse free collection services for any reason and at any time.

24. Witnessing

Items which require an independent Third-Party witness must be clearly indicated on the purchase order. Metals Technology (Testing) Limited will arrange for a witnessing at their discretion, and the customer will be charged by the company which carries out the witnessing procedure.
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