TERMS AND CONDITIONS OF SALE   

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1.      APPLICATION AND ACCEPTANCE OF TERMS

The client (end user or distributor that buy products or services provided by Test Vertas) explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.

By purchasing products and services supplied by Test Veritas you agree to be bound by these terms and conditions (the “Terms and Conditions of Sale”).  Terms or conditions contained in any order form or other document submitted by you (The client) which are inconsistent with, or in addition to, these Terms and Conditions are rejected, objected to and shall be deemed void and of no force or effect.

These Terms and Conditions shall apply even if TestVeritas makes an unreserved delivery to Client despite being aware of different or conflicting Client terms and conditions.

The rights granted to TestVeritas by statutory provisions beyond the scope of these Terms and Conditions remain unaffected.

TestVeritas deals on the basis that the products are supplied for commercial use and not for any private use or consumption.

2.      CONTRACTUAL RELATIONSHIP

Customer purchases products from TestVeritas in its own name and on its own behalf.

If the Customer has to resell the products, it does so in his own name and on his own behalf.

Test Veritas undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. Test Veritas cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.

3.      PRICES

Prices are exclusive of VAT and shipping costs. Value added tax (VAT) is always payable by the customer to the extent required by law.

4.      QUOTATION AND PRODUCT CHANGES

TestVeritas has the right to discontinue or modify the product quotation from time to time.

5.      QUOTATION AND ACCEPTANCE

All offers are subject to confirmation of receipt and are non-binding. No contract is in existence unless created or reconfirmed by TestVeritas, either by written confirmation or by shipment of the products, and any other provision communicated by the Client, in writing or in any other way, is hereby expressly excluded.

Analytical reports and any other descriptions of products in catalogues, data sheets or other documentation provided with the products are approximate only unless explicitly stated as binding. They do not constitute an agreement or warranty of any product features unless a TestVeritas executive expressly qualifies by written notice.

6.      INFORMATION REGARDING PROGETTO TRIESTE - PROFICIENCY TESTING SCHEMES ORDERS

INVOICING, PAYMENT CONDITIONS

The performance assessment service will start from the registration to the proficiency program. For this reason the invoice will be issued upon the receipt of your on-line order and has to be paid before the test materials will be shipped. You will receive the invoice from our administration (orders@testveritas.com) so that payment can be made before the Test Material is dispatched. The payment method and bank details will be described on the invoice. In case you need to include your official/internal order number on the invoice, please notify us  in the EXTRA INFO section of the on-line order.

In the event of non-payment by the due date, Test Veritas reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. Test Veritas will be authorized to suspend any provision of services without prior warning in the event of late payment. If a payment is still outstanding more than sixty (60) days after the due payment date, Test Veritas reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.

Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can Test Veritas become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to Test Veritas in its entirety and does not include any costs relating to the legislation of the country in which the client is located.

Payments can be made only by bank credit transfer. Our bank details will be indicated in the invoice. In the Description to Accompany Payment indicate the number of the invoice or proforma invoice in order to allow the correct management of your order and shipment.

For further clarification, please contact our administration at orders@testveritas.com.

CANCELLATION POLICIES

Customers may cancel an order by sending an e-mail to orders@testveritas.com:

·        Cancellation of an order within 10 days of submission of the order will not result in a penalty charge;

·        Cancellation of an order after 10 days of submission of the order when the PT is scheduled to start in 30 days or more will incur a cancellation fee of 50% of the amount indicated in each order;

·        The cancellation of an order after 10 days of submission of the order when the PT is scheduled to start in less than 30 days shall incur a penalty of 100% of the amount indicated in each order;

If the customer has made payment prior to cancellation of an order, Test Veritas will refund the amount (subject to withholding the cancellation fee).

If you (the client) don’t cancel your order within 24h after the receipt of the invoice or the proforma invoice, invoice and proforma invoice will be considered accepted in all conditions.

Orders are considered accepted by Test Veritas only if in accordance with our conditions of sale that the customer confirms to know and fully accept by the act of entrusting us with orders or receiving offers. It is Test Veritas right not to accept, cancel or postpone, in whole or in part, orders as a result of force majeure (e.g. work stoppages, theft, fire, plant failures caused by any cause, etc.) that may occur both in our factories and in those of our suppliers and carriers. Such eventualities relieve Test Veritas of any obligations previously assumed with the acceptance of the order and exclude any claim for damages against us, whether direct or by way of written recourse for regularization. In the case of split deliveries, non-payment or late payment of only one of them entitles Test Veritas to terminate the contract or to make the performance of subsequent deliveries subject to advance payment of each of them.

OTHER INFORMATION

For all PTs except those intended for screening methods, a maximum of 2 results can be submitted. We remind you that some lines include the possibility of sending 2 results by purchasing only one participation. If it is necessary to purchase additional material, specific codes are available for this type of ordering. It is possible to order a maximum of 1 additional material for each PT ordered. If you require further additional material, please contact the service department.

For orders that include only PTs and placed before the deadline indicated in the commercial programme, you will not receive an order confirmation.

Verify that you have correctly submitted your online order.

The day of the shipment you will receive an email informing you about the shipment. In order for it to be admissible, Test Veritas must be notified in case you do not receive the materials, 10 days after the shipment date; you should inform Test Veritas by email to info@testveritas.com.

The participants' list will be published in the Final Report.

7.      INFORMATION REGARDING  CONTROL MATERIAL ORDERS

INVOICING, PAYMENT CONDITIONS

Within 5 working days of receiving your order you will receive an email confirming the availability of the product with the details for the payment. The order confirmation document is available in the section Your Orders, of your web account.

The shipment will be scheduled:

·        Within 5 working days from the receipt of payment for intra EU customer, unless otherwise agreed

·        Within 8 working days from the receipt of payment for EXTRA EU customer, unless otherwise agreed.

In the case of urgent dispatch request, a surcharge of EUR 50.00 on the list price will be applied.

Invoice will be issued after payment. In the Description to Accompany Payment indicate the on-line order number to allow the correct management of your order and shipment.

For further clarifications contact our administration by writing to orders@testveritas.com. 

CANCELLATION POLICIES

Customers may cancel an order by sending an e-mail to orders@testveritas.com, within 24h after the receipt of the invoice or the proforma invoice. Otherwise, invoice and proforma invoice will be considered accepted in all conditions.

Orders are considered accepted by Test Veritas only if in accordance with our conditions of sale that the customer confirms to know and fully accept by the act of entrusting us with orders or receiving offers. It is Test Veritas right not to accept, cancel or postpone, in whole or in part, orders as a result of force majeure (e.g. work stoppages, theft, fire, plant failures caused by any cause, etc.) that may occur both in our factories and in those of our suppliers and carriers. Such eventualities relieve Test Veritas of any obligations previously assumed with the acceptance of the order and exclude any claim for damages against us, whether direct or by way of written recourse for regularization. In the case of split deliveries, non-payment or late payment of only one of them entitles Test Veritas to terminate the contract or to make the performance of subsequent deliveries subject to advance payment of each of them.

8.      INFORMATION FOR CLIENT OF EXTRACEE COUNTRIES

From all non-EU countries remember that:

·        These products are subjected to Customs duty. Customs duty are at your charge.

·        In case import permit is request by your Customs, you are kindly requested to provide us before the shipment date.

In case you would use our distributor services for the importation of the materials, the list prices on this on-line order form may not correspond to those of the local distributor (logistic, import, duty Customs and management fees are not included). The proforma invoice with the final prices will be sent to you by the distributor. 

9.      SHIPMENTS

The goods are delivered from our warehouse and travel at the customer's own risk according to the relevant legal provisions, even if carriage paid. The means of shipping is chosen by TestVeritas according to an evaluation of opportunity and convenience; The transporters will be chosen from those affiliated with our company.

10.  COMPLAINTS AND REPLACEMENTS

It is the customer's obligation to check, upon arrival, the products purchased and report any damage to the package on the waybill. Any claims for damage to the package caused by transport must be communicated in writing to our office within 8 days from the date of delivery of the goods, attaching a copy of the courier's waybill and any transport document. If such claims are objectively well-founded, we will, at our sole discretion, replace or credit the amount corresponding to the purchase price, subject to the authorized return of the disputed amount, and excluding any further charges. Complaints do not authorize a price decrease or to withhold the invoice amount. No return merchandise will be accepted without the express consent of TestVeritas. In the event of our acceptance for exchanges or exchanges of products, all transport costs will be borne by our company.

Complaints regarding invoices must be sent in writing directly to TestVeritas, Trieste office, no later than 15 days from the date of receipt of the document.

11.  MAIN RESPONSAILITIES OF THE CLIENT

The Client undertakes to:

·        provide correct information in all purchase orders for TestVeritas products, including complete product codes, options, quantities, and any special instructions.  The Customer assumes sole and absolute responsibility if he does not provide accurate and complete information in relation to the order of products;

·        indemnify and hold harmless TestVeritas and its legal successors and assigns from any and all causes, losses, claims, liabilities, costs and expenses (including attorneys' fees) that TestVeritas may incur or suffer as a direct result of any claim against TestVeritas by reason of breach of contract, breach of warranty, strict liability in tort or any other statutory charge brought by any officers,  Customer's agents, employees, legal successors and assigns, end users, vicarious agents (e.g. freight forwarders, etc.) or other third parties, if and to the extent due to Customer's breach of their obligations under these Terms and Conditions or applicable laws;

·        pay any and all taxes, duties, duties, charges, expenses, costs and refunds of every kind and nature due, incurred, imposed or calculated in connection with, in any way, the purchase, importation, transportation, storage, use, distribution and resale of TestVeritas products by Customer.

 

12.   JURISDICTION

Any dispute arising from this contract is exclusively competent the Court of Trieste, excluding any competing court.

Every business relationship will be settled in Italian language. If there were written communications in English, the only language accepted to the Italian alternative, the interpretation of which was contrary to written communication  in Italian always prevail the sense of the latter.