GENERAL CONDITIONS OF SERVICES
1.1 Unless having other written agreement or except where they are at variance with the mandatory provisions of law,all offers or services and all resulting contractual relationship between any of the affiliated company of Guangdong Cobo Testing Institute Co., Ltd or any of their agents
(each a"Company")and Client shall be governed by these general conditions of service (hereinafter General Conditions).
2. Provision of Services
2.1 The Company will provide services under reasonable care and skill and in accordance with Client's specific instructions as confirmed by the Company, or in absence of such instructions will follow alternative parameters listed below:
2.1.1 The terms of any standard order form or standard specification sheet of the Company; 2.1.2 Any relevant trade custom, usage or practice; 2.1.3 Such methods as the Company shall consider appropriate on technical, operational or financial grounds.
2.2 Reports of Findings issued further to the testing of samples contain the Company's opinion on those samples only and do not express any opinion upon the lot from which the samples were drawn. 2.3 Reports of Findings issued by the Company will reflect the facts as recorded by it at the time of its intervention only and within the limits of the
instructions received or, in the absence of such instructions, within the limits of the alternative parameters applied as provided for in clause 2.1. The Company is under no obligation to refer to, or report upon,any facts or circumstances which are outside the specific instructions received or alternative parameters applied. 2.4 The Company can delegate an agent or subcontractor to perform all or part of the services And Client authorizes Company to disclose all
information necessary for such performance to the agent or subcontractor. 2.5 If the Company receives documents reflecting engagements contracted between Client and third parties or third party documents, such as
copies of sale contracts, letters of credit, bils of lading, etc., they are considered to be for information only, and do not extend or restrict the scope
of the services or the obligations accepted by the company. 2.6 Customer confirms that the Company, by providing the services, neither takes the place of Client or any other third party, nor releases them
from any of their obligations, nor otherwise assumes, abridges, abrogates or undertakes to discharge any duty of Client to any third party or that of any third party to Client. 2.7 If Client requires the Company to retain the samples, all samples shall be retained up to a maximum of 3 months or such other shorter time
period as the nature of the sample permits and then disposed of at the Company's discretion after which time Company will cease to have any
responsibility for such samples.If Client does not require the Company in written to retain the samples,all samples shall be disposed of at the Company's discretion.
3.Obligations of Client
3.1 Prior to offer and service, Client must make sure to supply sufficient and appropriate information, instructions and documents in time to enable
the required services to be performed;
3.2 The Client shall inform Company in advance of any known hazards or dangers, actual or potential, associated with any order or samples or
testing including but not limited to presence or risk of radiation, toxic or noxious or explosive element or materials,environmental pollution or poisons.
4.Charge and Payment
4.1 Charge, not confirmed by the Company and Client at the time the order is placed or a contract is negotiated, shall be based on the latest standard charge rate of the Company;
4.2 Unless a shorter period has been agreed in the invoice, Client shall promptly pay all fees not later than 30 days from the relevant invoice date
or within such other period as may be agreed by the Company in the invoice. If otherwise contract is established between the Company and Client,
then Client shall pay the fees according to the contract. 4.3 In the event any unforeseen problems or expenses arise in the course of carrying out the services the Company shall endeavor to inform Client and shall be entitled to charge additional fees to cover extra time and cost necessarily incurred to complete the services. 4.4 Client shall not be entitled to retain or defer payment of any sums due to the Company on account of any dispute, counter claim or set off which may allege against Company. 4.5 The Company reserves any right to take any action for collection of unpaid charges in any court having competent jurisdiction.
5. Suspension or Termination of Services
The Company shall be entitled to immediately and without liability either suspend or terminate provision of the services in the event of: 5.1 Failure by the Client to comply with any of its obligations hereunder and such failure is not remedied within 10 days that notice of such failure
has been notified to Client; 5.2 Any suspension of the payment, arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by Client.
6. Responsibility and Recompense
6.1 The company is neither an insurer nor a guarantor and disclaims all responsibility in such capacity. Client seeking a guarantee against loss or damage shall obtain an appropriate insurance. 6.2 Reports of Findings are issued on the basis of information, documents and samples provided by, or on behalf of, Client and solely for the
benefit of Client who is responsible for acting as it sees fit on the basis of such Reports of Findings. Neither the Company nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Reports of
Findings nor for any incorrect results arising from unclear ,erroneous, incomplete, misleading or false information provided to the Company. 6.3 The Company shall not be liable for any delayed, partial or total nonperformance of the services arising directly or indirectly from any event outside the Company's control, including but not limited to failure by the Client to comply with any of its obligations. 6.4 In the event of any claim of loss, damage or other reason, the compensation of the Company shall not exceed five folders of service charge of
the individual claimed service item of the individual claimed sample. 6.5 In the event of any claim, Client must give written notice to the Company within 30 days of discovery of the facts alleged to justify such claim
and, in any case, the Company shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year
·the date of performance by the Company of the service which gives rise to the claim; or
·the date when the service should have been completed in the event of any alleged non-performance.
7.1 If any one or more provisions of these General Conditions are found to be illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 7.2 In the period of providing service or one year after it, Client shall not directly or indirectly lure, seduce or give a offer to any employee to leave
his/her duty of the Company. 7.3 Without any written authorization, any Client shall not use the Company's name and registered trademark for any purpose of advertisements. 7.4 If there is any difference between this edition of general conditions of services in English and original edition in Chinese, the Chinese edition
shall be overwhelming.
8.Governing Law, Jurisdiction and Dispute Resolution
Unless specifically agreed otherwise,all disputes arising out or in connection with Contractual Relationship(s) hereunder shall be governed by the
law(s) of Peoples Republic of China.And all disputes shall be submitted to the local jurisdictional court