Home | Testing Services |
Technical
Information | Consulting | Customer Services |
Careers | Contact Us Testing
Services 
►Toys
Green Services
Hot Topics
►EuP
TESTING SERVICES
| Handling of testing service is available to help businesses validate their products and processes. When you engage our services, you can be assured you are receiving independent and objective technical advice. |
Our services help our clients with regard to pre-production / during production / after production, initial product specification analysis, product design evaluation, endurance / performance / life testing, feasibility testing, mock-up sample study, etc.
We handle the following testing services to meet our customers' requirements:
‣ TESTING
» Toys
» Chemical
enquiry@professional-laboratory.co.uk
enquiry.us@professional-laboratory.com
enquiry.ca@professional-laboratory.com
enquiry.hk@professional-laboratory.com
TERMS AND CONDITIONS OF BUSINESS
(1) All services
provided by Professional Testing & Consulting Ltd. (hereinafter “the
Company”), any of its affiliated companies or any of its agents or
subcontractors shall be in accordance with and subject to the Terms and
Conditions of Business herein contained (hereinafter the “Terms and
Conditions”), unless the variation is expressed in writing and signed on behalf
of the Company.
(2) The Company
performs services for the person or body from whom the request to provide its
services has originated (hereinafter the “Client”). No other party is entitled
to give instructions to the Company, unless the Company receives prior written
instructions from the Client and the Company agrees to these instructions.
Limitation of
Liability:
(3.1) The Company
is neither an insurer nor a guarantor and disclaims all liability in such
capacity. Clients seeking a guarantee against loss or damage should obtain
appropriate insurance. With regard to certain tests which are required to be
performed by specified approved, certified, qualified or accredited
laboratories / testing companies as requested by the corresponding government
bodies or any other organizations, if Client requests the Company to issue Test
Reports for such tests while the Company is not the specified approved,
certified, qualified or accredited organization as requested by the
corresponding government bodies or any other organizations, the Company has no
liability for and will not be responsible for any claim or loss due to this
practice.
(3.2) Test
Reports are issued on the basis of information, documents and/ or 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 Test Reports.
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 Test Reports nor for any incorrect
results arising from unclear, erroneous, incomplete, misleading or false
information provided to the Company.
(3.3) The Company
shall not be liable for any delayed, partial or total non-performance of the
services arising directly or indirectly from any event outside the Company’s
control including failure by Client to comply with any of its obligations
hereunder.
(3.4) The liability
of the Company in respect of any claim for loss, damage or expense of any
nature and howsoever arising shall in no circumstances exceed a total aggregate
sum equal to the amount of the fee paid in respect of the specific service
which gives rise to such claim or HK$1000 (or its equivalent in local
currency), whichever is the lesser.
(3.5) The Company
shall have no liability for any indirect or consequential loss (including loss
of profits).
(3.6) In the
event of any claim, Client must give written notice to the Company within 14
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 month from: (i) the date of
performance by the Company of the service which gives rise to the claim; or
(ii) the date when the service should have been completed in the event of any
alleged non-performance.
(4)
Indemnification: Client shall guarantee, hold harmless and indemnify the
Company and its officers, employees, agents or subcontractors against all
claims (actual or threatened) by any third party for loss, damage or expense of
whatsoever nature including all legal expenses and related costs and howsoever
arising relating to the performance, purported performance or non-performance,
of any services.
(5) The company
is an intermediary agent in providing testing services. All of or part of the
test(s) and/ or the services requested by Client will be sub-contracted to
other bodies in Hong Kong or other regions outside Hong Kong without prior
notification to and without prior consent from Client.
Obligations of
Client - The Client will:
(6.1) ensure that
sufficient information, instructions and documents are given in due time (and,
in event not later than 48 hours prior to the desired intervention) to enable
the required services to be performed;
(6.2) procure all
necessary access for the Company’s representatives to the premises where the
services are to be performed and take all necessary steps to eliminate or
remedy any obstacles to, or interruptions in, the performance of the services;
(6.3) supply, if
required, any special equipment and personnel necessary for the performance of
the services;
(6.4) ensure that
all necessary measures are taken for safety and security of working conditions,
sites and installations during the performance of services and will not rely,
in this respect, on the Company’s advice whether required or not;
(6.5) inform
Company in advance of any known hazards or dangers, actual or potential,
associated with any order or samples or testing including, for example,
presence or risk of radiation, toxic or noxious or explosive elements or
materials, environmental pollution or poisons;
(6.6) fully
exercise all its rights and discharge all its liabilities under any relevant
sales or other contract with a third party and at law.
General
(7.1) Unless
otherwise agreed in writing, all offers or services provided by Professional Testing
& Consulting Ltd. (“the Company”) or any of its affiliated companies or any
of its agents or subcontractors (each a “Company”) and all resulting
contractual relationship(s) or other arrangements shall be governed by these
Terms and Conditions of Business.
(7.2) The Company
may perform services for persons or entities (private, public or governmental)
issuing instructions (the “Client”).
(7.3) Unless the
Company receives prior written instructions to be the contrary from Client, no
other party is entitled to give instructions, particularly on the scope of the
services or the delivery of reports or Certificates resulting therefrom (the
“Test Report”). Client hereby irrevocably authorizes the Company to deliver
Test Reports to a third party where so instructed by Client or, at its discretion,
where it implicitly follows from circumstances, trade custom, usage or
practice.
Provision of
Services
(8.1) The Company
will provide services using reasonable care and skill and in accordance with
Client’s specific instructions as confirmed by the Company or, in the absence
of such instructions: (1) the terms of any standard order form or standard
specification sheet of the Company; and/ or (2) any relevant trade custom,
usage or practice; and/ or (3) such methods as the Company shall consider appropriate
on technical, operational and/ or financial grounds.
(8.2) Test
Reports 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.
(8.3) Should
Client request that the Company witness any third party intervention, Client
agrees that the Company’s sole responsibility is to be present at the time of
the third party’s intervention and to forward the results, or confirm the
occurrence, of the intervention. Client agrees that the Company is not
responsible for the condition or calibration of apparatus, instruments and
measuring devices used, the analysis methods applied, the qualifications,
actions or omissions of third party personnel or the analysis results.
(8.4) Test
Reports 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 (8.1). 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.
(8.5) The Company
will delegate the performance of all or part of the services to an agent or
subcontractor and Client authorizes Company to disclose all information
necessary for such performance to the agent or subcontractor.
(8.6) Should
Company receive documents reflecting engagements contracted between Client and
third parties or third party documents, such as copies of sale contracts,
letters of credit, bills 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.
(8.7) Client
acknowledges that the Company, by providing the services, neither takes the
place of Client or any 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.
(8.8) All samples
shall be retained for a maximum of 7 days or such other shorter time period as
the nature of the sample permits and then returned to Client or otherwise
disposed of at the Company’s discretion after which time Company shall cease to
have any responsibility for such samples. Storage of samples for more than 7
days shall incur a storage charge payable by Client. Client will be billed a
handling and freight fee if samples are returned. Special disposal charges
will be billed to Client if incurred.
(8.9) For the
test methods requested by Client, the Company may employ other different test
methods to derive the test results (which Client expects to get by using the
original requested test methods). Besides, the materials of submitted samples
may be tested in a mixed / composite condition instead of an individual
condition. These will be carried out without notification to and without
consent from Client. The Company has no liability for and will not be
responsible for any claim or loss arises from such practice.
Fees and Payment:
(9.1) Fees not
established between the Company and Client at the time the order is placed or a
contract is negotiated shall be at the Company’s standard rates (which are
subject to change) and all applicable taxes shall be payable by Client.
(9.2) Unless
agreed by the Company, the Client shall pay all the fees for the services
requested before the Company starts sub-contraction for the test(s) requested.
(9.3) Unless a
shorter period is established in the invoice, Client will promptly pay not
later than 14 days from the relevant invoice date or within such other period
as may be established by the Company in the invoice (the “Due Date”) all fees
due to the Company failing which interest will become due at a rate of 5% per
month (or such other rate as may be established in the invoice) from the Due
Date up to and including the date payment is actually received.
(9.4) 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 it may allege against
the Company.
(9.5) 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.
(9.6) If the
Company is unable to perform all or part of the services for any cause
whatsoever outside the Company’s control including failure by Client to comply
with any of its obligations provided for in clause (6) above the Company shall
nevertheless be entitled to payment of: (i) the amount of all non-refundable
expenses incurred by the Company; and (ii) a proportion of the agreed fee equal
to the proportion of the services actually carried out.
Marks issued by Professional Testing & Consulting Ltd.
© Professional Testing & Consulting Ltd. All rights reserved.