Terms of Agreement

 

Distinguished applicant, the testing institute follows the principles of equality freewill, honest and trustworthy, diligent and responsible, providing you with professional and high-quality testing services. To protect your rights and interests, please read all the terms of this contract carefully before signing this application form. If you have any questions, please do not hesitate to contact us.

1. The applicant signs this application form to indicate that he has read and understood the testing scheme of the assignee (testing institution) and the terms of this agreement, and has agreed to perform the corresponding contents.
2. Confidentiality: Unless agreed by both parties or required by laws, regulations and regulatory authorities, neither party shall disclose any confidential information directly or indirectly without prior written approval of the other party. When either party discloses the other party's confidential information to a third party without the prior written consent of the other party, it shall indemnify the other party for damages as determined by the court. “Confidential information” means any type of confidential or proprietary information held in whole or in part, generated, discovered or developed by the providing party, and provided to the receiving party, which is not public or in general unavailable to the receiving party through any other independent channel, including but not limited to the sample information, trade secrets, technical know-how, inventions, technical data, product formula, chemical composition, analysis testing and other results, or the business strategy, etc.
3. If the test sample is provided by the applicant, the applicant shall be responsible for the authenticity of the sample and related information, the test results of the assignee are only responsible for the test sample, and the assignee is only responsible for the accuracy of the test results. The applicant shall be fully liable for the direct or indirect losses and all legal consequences caused by improper use of the test results.
4. The applicant shall fill in contents of this application form in detail. If more testing information needs to be explained, it can be attached to this application form. If the test report is modified due to incorrect filling, the relevant fees shall be paid.
5. Any sample containing any known or potential hazard (such as radioactive, toxic or explosive) shall be declared in advance, otherwise the consequences shall be borne by the applicant.
6. The quantity of samples submitted for testing shall meet the relevant requirements. If the quantity is not enough, it will not be accepted for testing.
7. The applicant waives the sample voluntarily, which means that the retention period (storage period) of the test sample is within 45 days from the date of issuing the test report, and if the sample is not taken after the retention period without any explanation, the applicant shall be deemed to voluntarily waive the sample, which will be disposed by the assignee.
8. If the test samples cannot be tested due to special reasons during the testing process, the testing institution shall negotiate with the applicant to solve the problem based on the actual situation, and the testing period will be postponed accordingly. If there is any problem with the test sample found during the testing process, and the applicant has no feedback within 10 days after being contacted, the entrusted test shall be deemed to have been given up and the corresponding testing fees shall be paid.
9. In case of loss or damage of samples, delay or failure to perform the test service due to force majeure such as disaster or accident, the testing institution shall notify the applicant to cancel or suspend the service within a reasonable time without any liability.
10. If there is any disagreement with the test report, the formal notice shall be provided within 15 days from the test report being received. Otherwise, it shall not be accepted.
11. The test report is invalid without “special stamp for inspection and testing” or official stamp of testing institute. The copy of test report is invalid when it is not re-stamped “special stamp for inspection and testing” or official stamp of testing institute. The test report is invalid when there are no signatures at “Tested by”, “Reviewed by” and “Approved by”. The test report is invalid when it is altered. The reproduction of any part is not allowed without the testing institute’s permission.
12. The test report without qualification identification mark has no proof function to the public.
13. The test report shall be sent by the assignee in paper version or electronic version, and the successful delivery of the paper version or electronic version to the applicant shall be deemed as the test report has been delivered successfully. If the applicant take himself or entrusts others to take the test report, which shall be obtained by this agreement. If this agreement is missed, the test report shall be obtained by the applicant’s introduction letter and the recipient’s original ID card (for presentation) and a copy (retained by the testing institution).
14. The applicant shall not use the test report for false publicity to deceive or mislead consumers, and shall not distort or exaggerate the relevant contents in a misleading way such as vague or implied manner. Otherwise, the assignee reserves the right to pursue legal liability.
15. The applicant shall pay the test fee in accordance with the FEE NOTICE issued by the assignee before obtaining the test report.
16. This application form can be handwritten or typed by computer. It will be valid after confirmation by both parties (signed and stamped by authorized representatives). The copy and fax of the application form without confirmation by both parties will be deemed invalid. The Agreement is made in duplicate, one for each party. It will come into force upon confirmation by the handlers of both parties. Matters not mentioned in the agreement shall be settled by both parties through negotiation.
17. The applicant guarantees that the testing content provided to the testing institution is true and legal, and does not infringe the legitimate rights and interests of any third party; the testing institution does not conduct any legal examination on any content (patent, trademark, software copyright, etc.) related to intellectual property provided by the applicant. If the test contents and test report involve infringement of intellectual property rights of a third party, the applicant shall be responsible for handling and bear all responsibilities. If any loss is caused to the testing institution (including direct loss and indirect loss), the testing institution shall have the right to claim compensation from the applicant and reserve the right to investigate the legal liability of the applicant.