METALS TECHNOLOGY TESTING LTD

These Terms and Conditions govern the provision of testing services by Metals Technology Testing Limited, a UKAS accredited laboratory operating in accordance with ISO/IEC 17025:2017, to the client. By engaging our Services, you agree to be bound by these Terms.

1. Scope of Services

1.1. The Laboratory will perform the Services as specified in the agreed quotation, purchase order, or service agreement. 

1.2. All Services will be carried out in accordance with our UKAS accreditation scope, documented procedures, and the requirements of ISO/IEC 17025:2017. 

1.3. Any deviation from the agreed Services must be mutually agreed upon in writing by both parties.

2. Quotations and Orders

2.1. All quotations provided by the Laboratory are valid for a period of 10 days unless otherwise stated. 

2.2. A contract for Services is formed when the Client accepts the Laboratory's quotation, submits a valid purchase order, or otherwise provides written confirmation of acceptance, and the Laboratory confirms its acceptance in writing. 

2.3. The Client is responsible for ensuring the accuracy of the information provided in their request for Services.

3. Client's Responsibilities

3.1. The Client shall provide all necessary information, documentation, and samples  required for the proper performance of the Services. 

3.2. The Client warrants that all Items submitted are safe, fit for purpose, and do not contain any hazardous materials that have not been fully declared and appropriately packaged, labelled, and handled in accordance with all applicable laws and regulations. 

3.3. The Client shall bear all risks associated with the transport of Items to and from the Laboratory unless otherwise agreed in writing. 

3.4. The Client acknowledges that the accuracy of the Services is dependent on the quality and representativeness of the Items provided. The Laboratory accepts no liability for errors arising from inaccurate or unrepresentative Items.

4. Sample Handling and Retention

4.1. The Laboratory will exercise reasonable care in handling and storing Items. However, the Laboratory accepts no liability for loss or damage to Items unless caused by its negligence. 

4.2. Unless otherwise agreed, the Laboratory reserves the right to dispose of Items 30 days after the issuance of the test report, at the Client's expense if hazardous. 

4.3. If return of Items is required, the Client must make arrangements and cover all associated costs.

5. Performance of Services

5.1. The Laboratory will use appropriately qualified personnel, suitable equipment, and validated methods to perform the Services. 

5.2. Test and calibration results relate only to the Items tested or calibrated. 

5.3. The Laboratory will endeavour to meet agreed turnaround times but provides no guarantee as such times are estimates only. The Laboratory shall not be liable for any delays. 

6. Reporting

6.1. The Laboratory will issue a test report detailing the results of the Services. 

6.2. Reports will be issued in a format compliant with ISO/IEC 17025:2017 and our UKAS accreditation requirements. 

6.3. Any opinions and interpretations expressed in a Report are based on the results obtained and the technical expertise of the Laboratory personnel. Such opinions and interpretations do not constitute a guarantee of the characteristics of the entire batch or lot from which the Items were drawn. 

6.4. The Client must notify the Laboratory of any dispute regarding the Report within 7 days of receipt.

7. Confidentiality

7.1. The Laboratory will treat all information and results obtained during the performance of the Services as confidential, except as required by law, regulation, or UKAS accreditation requirements. 

7.2. The Client agrees that the Laboratory may be required to disclose information to UKAS as part of its accreditation obligations.

8. Fees and Payment

8.1. Fees for Services will be as set out in the Agreement. 

8.2. Invoices are payable within 30 days of the invoice date.

8.3. The Laboratory reserves the right to charge interest on overdue payments at a rate of 8% per annum above the Bank of England base rate, calculated daily from the due date until full payment. 

8.4. The Client shall be responsible for all applicable taxes, duties, and levies.

8.5. The Laboratory may suspend Services if payments are not made in accordance with these Terms.

9. Intellectual Property

9.1. All intellectual property rights in the methods, procedures, and know-how developed by the Laboratory in performing the Services shall remain with the Laboratory. 

9.2. The Client is granted a non-exclusive, non-transferable licence to use the Reports for their internal business purposes. 

9.3. The Client shall not use the Laboratory's name, logo, or UKAS accreditation symbol in any way that implies endorsement or approval of their products or services, other than stating that testing was performed by a UKAS accredited laboratory and referencing the specific Report.

10. Warranties and Liability

10.1. The Laboratory warrants that the Services will be performed with reasonable skill and care, and in accordance with ISO/IEC 17025:2017 and our UKAS accreditation. 

10.2. Save as expressly provided in these Terms, all warranties, conditions, or other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms. 

10.3. The Laboratory's total aggregate liability to the Client arising out of or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total fees paid by the Client for the specific Services giving rise to the claim. 

10.4. The Laboratory shall not be liable for any indirect, special, incidental, or consequential loss or damage, including but not limited to loss of profit, loss of business, loss of goodwill, or loss of data, even if advised of the possibility of such damages. 

10.5. Nothing in these Terms shall limit or exclude the Laboratory's liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.

11. Force Majeure

11.1. The Laboratory shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riot, fire, flood, epidemic, pandemic, industrial disputes, or government regulations.

12. Complaints and Appeals

12.1. The Laboratory has a documented procedure for handling complaints and appeals. Any complaints or appeals should be submitted in writing to office@mttesting.com. 

12.2. The Laboratory is committed to resolving complaints and appeals promptly and fairly.

13. Termination

13.1. Either party may terminate the Agreement by giving written notice if the other party commits a material breach of these Terms and fails to remedy that breach within 30 days of receiving written notice to do so. 

13.2. Upon termination, the Client shall pay for all Services performed up to the date of termination.

14. Governing Law and Jurisdiction

14.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

14.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

15. Entire Agreement

15.1. These Terms, together with the Agreement, constitute the entire agreement between the Client and the Laboratory regarding the provision of Services and supersede all prior agreements, understandings, or arrangements, whether written or oral.

16. Severability

16.1. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in full force and effect.

17. Amendments

17.1. The Laboratory reserves the right to amend these Terms at any time.

18. Decision Rule

To fully comply with ISO 17025:2017, Metals Technology Testing Limited implements a decision rule system to provide uncertainties for all test results. The system categorizes as follows:

• DR(A): Selection of DR(A) at contract review indicates that uncertainties for testing to National and International Standards need not be explicitly expressed as a figure, as these standards inherently account for uncertainties.

• DR(B): Selection of DR(B) at contract review indicates that National and International Standards account for uncertainties. For each test requiring a decision, uncertainties will be stated with an indication of "False Accept" or "False Reject."

• DR(C): Selection of DR(C) at contract review indicates that the test is conducted according to an "In-House Procedure." For each test requiring a decision, the decision will be stated with an indication of "False Accept" or "False Reject."

• DR(D): Selection of DR(D) at contract review indicates a qualitative test. Uncertainties related to the test conditions define the Decision Rule.

As an accredited laboratory, uncertainties have been calculated for variable measurements. These uncertainty values will be included on the report when determining compliance/non-compliance to a specification limit for Decision Rules B & C.

For further information, please refer to the "Decision Rules" section within the Documentation area of our website.