Test Requisition Form (Textile Division)

SERVICE REQUIRED Regular Express* (40% surcharge) Shuttle* (100% surcharge) Same Day* (150% surcharge)
* Available for certain tests only (4 working days) (2-3 working days) (1 working day) (8 working
hours)
Applicant Name South east textiles pvt ltd Official Use Only
Rpt. No.
Address Gorai, Mirzapur ,Tangail

Contact Person Tanvir/ Rafiq Telephone/Mobile 01730728130 A/C No.

tanvir@icl.bdrmg.com ;
E-Mail Fax
rafiq.merchant@icl.bdrmg.com
Please charge to Company Name Contact Person
Invoice to Applicant Address
No
Fax E-mail Tel
Sample Information (Please fill in information and tick appropriate boxes)
Buyer Name Sainsburys TU Sample Attached
Agent Name
Mill / Fabric Supplier South east textiles pvt ltd
Sample Description Boys T-Shirt
Colour White (Please mount face side up)
Style No. ENG 0174 Fibre Content 100% Cotton Single Jersey, 160 Gsm
Ref No. Season SS16
PO No. 1961036 Fabric / Garment Weight 160 gsm
Product End
Men Women Children Infant
Use
Care Instruction /
Symbols
As per care labels
Test(s) Required: (Please fill in information and tick appropriate boxes)
Bursting Strength (Knit
Dimensional Stability Yellowing Test Method reference to
only)
(Shrinkage) Chlorine bleach Pilling Resistance
To Washing Non-Chlorine bleach Abrasion Resistance ISO (International)
To Dry-cleaning Chlorinated water Fabric Weight BS (U.K)
Appearance Retention Sea water Thread per Inch GB (Please specify)
After Washing Hot Pressing Yarn Count CPSIA
After Dry-cleaning Ozone Flammability Other (Please specify)

Colour Fastness Saliva Fibre Content

Exported to / Market
Washing Phenolic Yellowing pH Value
Actual Laundering Physical Formaldehyde
Dry-cleaning Tensile Strength (Woven only) Zipper Strength
Perspiration Tear Strength (Woven only)
Water Seam Strength (Woven only)
Light Seam Slippage (Woven only)
Rubbing
Is this a Re-Test ? Yes, previous report no. is :
Other Tests (Please indicate test method if possible or special request)
GAAL X 1, EASY CARE / EASY IRON, SECURITY OF ATTACHMENTS (Following Sainsburys Standards)
Comment on Test Results Yes No (Please see Note 5)
Return Samples No Remained Tested All
Report Delivery Service Yes No

We request for the above tests and agree that all testing will be carried out subject to ITS LABTEST BANGLADESH LTD.s scale of charges as set forth in their prevalent price list of which we have seen
a copy and upon and subject to the terms and conditions set out hereon and overleaf.
Authorized Signature
Date and Company Chop

Notes: 1.Photocopy of TEST REQUEST FORM will NOT be accepted by ITS Labtest Bangladesh Ltd.
2.Client should retain the DUPLICATE for own reference and present the same for collection of test report in our office
3. No comment may be given for some of the test items if related standard or specification is not available
4. Pick-up and delivery Hot Line : +88 02 01714143620, 01714143615
5. For care label recommendation, extra testing turnaround time may be required when failure occurs and corresponding testing is required at a more
appropriate condition
6. Please refer the Terms and Conditions overleaf, which will be final and binding on all aspects for all test submission.
7. If analytical test request along with Physical test form, then regular service will be 4 working days.

Dhaka : Phoenix Tower (2nd - 3rd Floor), 407 Tejgaon Industrial Area, Dhaka-1208, Bangladesh , Tel: +880 2 8156226-28,8156579-80 Fax: +880 2 9125866
Chittagong: C & F Tower (11th Floor),1712-New( Old 1222) Sk. Mujib Road,Agrabad C/A, Chittagong, Bangladesh. Tel:+880 31 2526918-21(Ext - 401), Fax:+880 31 2526922
E-mail: softlines.bangladesh@intertek.com Web: www.intertek.com
 Intertek General Terms and Conditions of
Services

March 2014
 Intertek General Terms and Conditions of
Services
These terms and conditions, together with any I designed or intended to address all C
proposal, estimate or fee quote, form the n matters of quality, safety, performance l
agreement between you (the Client) and the t or condition of any product, material, i
Intertek entity (Intertek) providing the e services, systems or processes e
services contemplated therein. r tested, inspected or certified and the n
t scope of work does not necessarily t
1 e reflect all standards which may apply :
. to product, material, services, systems (a) that it has the power and authority to
k
or process tested, inspected or enter into this Agreement and that it
certified.The Client understands that will comply with relevant legislations
reliance on any Reports issued by and regulations in force as at the date
I r
Intertek is limited to the facts and of this Agreement in relation
N e
representations set out in the Reports t
T l
which representInterteks review o
E a
and/or analysis of facts, information,
R t
documents, samples and/or other t
P i materials in existence at the time of h
R n the performance of the Services only. e
E g 2.6 Client is responsible for acting as it
T sees fit on the basis of such Report. p
A Neither Intertek nor any of its officers, r
T t employees, agents or subcontractors o
I o shall be liable to Client nor any third v
O i
party for any actions taken or not
N s
taken on the basis of such Report.
1.1 In this Agreement the following words t i
2.7 In agreeing to provide the Services
and phrases shall have the following h o
pursuant to this Agreement, Intertek
meanings unless the context e n
does not abridge, abrogate or
otherwise requires:
undertake to discharge any duty or
(a) Agreement means this o
agreement entered into between obligation of the Client to any
S f
Intertek and the Client; other person
e or any duty or
(b) r t
obligation of
Charge v h
any person to
s shall i e
the Client.
have c
the e 3 S
meanin s . e
g given ; r
in 1.2 The v
Clause headings in this I i
5.1; Agreement do N c
(c) Confidential Information means all not affect its T e
information in whatever form or manner interpretation. E s
presented R ;
2 T (b) that the Services will be performed in
which: (a) is disclosed pursuant to, or
. E a manner consistent with that level of
in the course of the provision of
Services pursuant to, this Agreement; K care and skill ordinarily exercised by
and (b) (i) is disclosed in writing, ' other companies providing like
electronically, visually, orally or T S services under similar circumstances;
otherwise howsoever and is marked, H (c) that it will take reasonable steps to
stamped or identified by any means E ensure that whilst on the Clients
as confidential by the disclosing W premises its
party at the time of such A personnel comply with any health and
disclosure; and/or (ii) is information, S R safety rules and regulations and other
howsoever disclosed, which would- E R reasonable security requirements
reasonably be considered to be R A made known to Intertek by the Client
confidential by the receiving party. V N in accordance with Clause
(d) Intellectual Property Right(s) I T 4
means copyrights, trademarks C I .
(registered or unregistered), patents, E E 3
patent applications (including the right S S (
to apply for a patent), service marks, 2.1 Intertek shall provide the Services to 3 f
design rights (registered or the Client in accordance with the . )
unregistered), trade secrets and terms of this Agreement which is 1 ;
other like expressly incorporated into any (d) that the Reports produced in relation
r Proposal Intertek has made and to the Services will not infringe any legal
i submitted to the Client. I rights
g 2.2 In the event of any inconsistency n (including Intellectual Property Rights)
h between the terms of this Agreement t of any third party. This warranty shall
t and the Proposal, the terms of the e not apply where the infringement is
s Proposal shall take precedence. r directly or indirectly caused by
2.3 The Services provided by Intertek t Interteks reliance on any information,
h under this Agreement and any memoranda, e samples or other related documents
o laboratory k provided to Intertek by the Client (or
w data, calculations, measurements, any of its agents or representatives).
s estimates, notes, certificates and 3.2 In the event of a breach of the
o other material prepared by Intertek in w warranty set out in Clause 3.1 (b),
e the course of providing the Services to Intertek shall, at its own expense,
a
v the Client, together with status perform services of the type
r
e summaries or any other originally performed as may be
r
r communication in any form describing reasonably required to correct any
a
the results of any work or services defect in Interteks performance.
n
e performed (Report(s)) shall be only 3.3 Intertek makes no other warranties,
for the Client's use and benefit. t
x express or implied. All other
s
i 2.4 The Client acknowledges and agrees warranties, conditions and other
s that if in providing the Services terms implied by statute or common
t Intertek is obliged to deliver a Report
e law (including but not limited to any
i to a third party, Intertek shall be
x implied warranties of merchantability
n deemed irrevocably authorised to
c and fitness for purpose) are, to the
g deliver such Report to the applicable
l fullest extent
(e) Report(s) third party. For the purposes of this
u permitted by law, excluded from this
shall have the clause an obligation shall arise on the
s Agreement. No performance,
meaning as set out instructions of the Client, or where, in
i deliverable, oral or other information
in Clause 2.3 the reasonable opinion of Intertek, it is
v or advice provided by Intertek
below; implicit from the circumstances, trade,
e (including its agents, sub-contractors,
(f) Services means the services set custom, usage or practice.
l employees or other representatives)
out in any relevant Intertek Proposal, 2.5 The Client acknowledges and
y will create a warranty or otherwise
any relevant agrees that any Services provided increase the scope of any warranty
Client purchase order, or any relevant and/or Reports produced by Intertek provided.
Intertek invoice, as applicable, and are done so within the limits of the
may comprise or include the provision t 4.
scope of work agreed with the
by Intertek of a Report; o CLIENT
Client in relation to the Proposal and
(g) Proposal means the proposal, pursuant to the Client's specific WARRA
estimate or fee quote, if applicable, instructions or, in NTIES
provided to the Client the absence of such instructions, in t AND
b accordance with any relevant trade h OBLIGA
y custom, usage or practice. The Client e TIONS
further agrees and acknowledges that 4
the Services are not necessarily .

March 2014
 Intertek General Terms and Conditions of
Services
1 (e) that any information, samples or other may apply at any relevant premises at 5.3 The Client agrees that it will reimburse
related documents (including without which the Services are to be provided; Intertek for any expenses incurred by
limitation certificates and reports) (g) to notify Intertek promptly of any risk, Intertek relating to the provision of
T provided by the Client to Intertek will safety issues or incidents in respect of any the Services and is wholly
h not, in any circumstances, infringe any item responsible for any freight or
e legal rights (including Intellectual delivered by the Client, or any process cust
Property Rights) of any third party. or systems used at its premises or oms
4.2 In the event that the Services otherwise necessary for the provision clear
C provided relate to any third party, the of the Services; ance
l Client shall cause any such third (h) to inform Intertek in advance of any fees
i applicable import/ export restrictions relati
party to acknowledge and agree to
e that may apply to the Services to be ng to
the provisions in this Agreement and
n provided, including any instances any
the Proposal prior to and as a
t where any products, information testi
condition precedent to such third
or technology may be exported/ ng
party receiving any
imported to or from a country that is sam
R ples.
r restricted or banned from such
e 5.4 The Charges represent the total fees
e transaction;
p to be paid by the Client for the
p (i) in the event of the issuance of a
o Services pursuant to this Agreement.
r certificate, to inform and advise
r Any additional work performed by
e Intertek immediately of any changes
t
s during the term of the certificate Intertek will be charged on a time and
s m
e which may have a material impact on
n the a
t a t
o e
s c
r c r
u i
a r a
t a l
n h
d c
e y b
a
o s
w b i
a f
e s
r n .
r t
e h 5.5 Intertek shall invoice the Client for
a f the Charges and expenses, if any.
n e
i The Client shall pay each invoice
t t within thirty (30) days of receiving it.
s c
e 5.6 If any invoice is not paid on the due
: date for payment, Intertek shall have
(a) that it has the power and authority to r
o t the right to charge, and the Client
enter into this Agreement and procure f shall pay, interest on the unpaid
the provision of the Services for itself; i
f amount, calculated from the due
(b) that it is securing the provision of the date of the invoice to the date of
Services hereunder for its own i
a c receipt of the amount in full at a rate
account and not as an agent or n equivalent to 3%
broker, or in any other representative a
y t per cent per annum above the base
capacity, for any other person or rate from time to time of HSBC Bank
entity; i
o in the relevant currency.
(c) that any information, samples and S
related documents it (or any of its n 6. INTELLECTUAL PROPERTY
e ; RIGHTS AND DATA PROTECTION
agents or representatives) supplies r
to Intertek (including its agents, (j) to obtain and maintain all necessary 6.1 All Intellectual Property Rights
v licenses and consents in order to belonging to a party prior to entry
sub-contractors and i
employees) is, true, accurate comply with relevant legislation and into this Agreement shall remain
c regulation in relation to the Services; vested in that party. Nothing in this
representative, complete and is not e
misleading in any respect. The (k) that it will not use any Reports Agreement is intended to transfer any
s issued by Intertek pursuant to this Intellectual Property Rights from either
Client further acknowledges that
. Agreement in a party to the other.
Intertek will rely on such 4.3 The Client further agrees: misleading manner and 6.2 Any use by the Client (or the Client's
information,
(a) to co-operate with Intertek in all that it will only distribute affiliated companies or subsidiaries) of the
samples or other related documents
matters relating to the Services and such Reports in their name
and materials provided by the Client
appoint a manager in relation to the entirety; "Intertek" or any of Intertek's
(without any duty to confirm or verify
Services who shall be duly authorised (l) in no event will the contents of any trademarks or brand names for any
the accuracy or completeness
to provide instructions to Intertek on Reports or any extracts, excerpts or parts reason must be prior approved in
thereof) in order to provide the
behalf of the Client and to bind the of any writing by Intertek. Any other use of
S
Client contractually as required; Reports be distributed or published Intertek's trademarks or brand names
e
(b) to provide Intertek (including its without the prior written consent of is strictly prohibited and Intertek
r
agents, sub-contractors and Intertek (such consent not to be reserves the right to terminate this
v
i employees), at its own expense, any unreasonably withheld) in each Agreement immediately as a result of
c and all samples, information, material instance; and any such unauthorised use.
e or other documentation necessary (m) that any and all advertising and 6.3 In the event of provision of
s for the execution of the Services in promotional materials or any statements certification services, Client agrees
; a timely manner sufficient to enable made by the and acknowledges that the use of
Intertek to Clientwill not give a false or certification marks may be subject to
(d) that any samples provided by the
provide the Services in accordance misleading impression to any third national and international laws and
Client to Intertek will be shipped pre-
with this Agreement. The Client party concerning the services provided regulations.
paid and will be collected or disposed
acknowledges that any samples by Intertek. 6.4 All Intellectual Property Rights in any
of by the Client (at the Client's cost)
provided may become damaged or be 4.4 Intertek shall be neither in breach of Reports, document, graphs, charts,
within thirty (30) days after destroyed in the course of testing as this Agreement nor liable to the Client for photographs or any other material
testing unless alternative part of the necessary testing process any (in whatever medium) produced by
arrangements are made by the
and undertakes to hold Intertek breach of this Agreement if and to the Intertek pursuant to this
Client. In the event that such
harmless from any and all extent that its breach is a direct result Agreement shall belong to Intertek.
samples are not collected or responsibility for such alteration, of a failure by the Client to comply The Client shall have the right to
disposed by the Client within the damage or destruction; with its obligations as set out in this use any such
required thirty (30) days period,
(c) that it is responsible for providing the Clause 4. The Client also Reports, document, graphs, charts,
Intertek reserves the right to destroy
samples/equipment to be tested acknowledges that the impact of any photographs or other material for the
the samples, at the Client's cost; and
together, where appropriate, with any failure by the Client to perform its purposes of this
specified additional items, including obligations set out herein on the A
but not limited to connecting pieces, provision of the Services by Intertek g
fuse-links, etc; will not affect the Clients obligations r
(d) to provide instructions and feedback to under this Agreement for payment of e
Intertek in a timely manner; the Charges pursuant to Clause 5 e
(e) to provide Intertek (including its below. m
agents, sub-contractors and e
employees) with access to its 5. CHARGES, INVOICING AND
PAYMENT n
premises as may be reasonably t
required for the provision of the 5.1 The Client shall pay Intertek the
charges set out in the Proposal, if .
Services and to any other relevant 6.5 The Client agrees and acknowledges
premises at which the Services are to applicable, or as otherwise
contemplated for provision of the that Intertek retains any and all
be provided; proprietary rights in concepts, ideas
(f) prior to Intertek attending any Services (the Charges).
5.2 The Charges are expressed exclusive and inventions that may arise during
premises for the performance of the the preparation or provision of any
Services, to inform of any applicable taxes. The Client
shall pay any applicable taxes on the Report (including any deliverables
Intertek of all applicable health and provided by Intertek to the Client) and
safety rules and regulations and other Charges at the rate and in the manner
prescribed by law, on the issue by the provision of the Services to the
reasonable security requirements that Client.
Intertek of a valid invoice.

March 2014
 Intertek General Terms and Conditions of
Services
6.6 Intertek shall observe all statutory
provisions with regard to data
protection including but not limited to
the provisions of the Data Protection
Act 1998. To the extent that Intertek
processes or gets access to personal
data in connection with the Services
or otherwise in connection with this
Agreement, it shall take all necessary
technical and organisational measures
to ensure the security of such data
(and to guard against unauthorised or
unlawful processing, accidental loss,
destruction or damage to such data).
7. CONFIDENTIALITY
7.1 Where a party (the Receiving Party)
obtains Confidential Information of the
other party (the Disclosing Party) in
connection with this Agreement
(whether before or after the date of
this Agreement) it shall, subject to
Clauses 7.2 to 7.4:
(a) keep that Confidential Information
confidential, by applying the standard
of care that it uses for its own
Confidential Information;

March 2014
 Intertek General Terms and Conditions of
Services

March 2014
 Intertek General Terms and Conditions of
Services
(b) use that Confidential Information only of the requirement to disclose and failure to perform any obligation under h
for the purposes of performing where possible given the Disclosing this Agreement to the extent that such e
obligations under this Agreement; and Party a reasonable opportunity to delay or failure to perform is a result
(c) not disclose that Confidential of: o
prevent the disclosure through
(a) war (whether declared or not), civil t
Information to any third party appropriate legal means.
war, riots, revolution, acts of terrorism, h
without the prior written consent of 7.5 Each party shall ensure the
military action, sabotage and/or e
the Disclosing Party. compliance by its employees, agents and
piracy; r
7.2 The Receiving Party may disclose representatives
the Disclosing Party's Confidential (which, in the case of Intertek, (b) natural disasters such as violent
storms, earthquakes, tidal waves, floods p
Information on a includes procuring the same from
and/or lighting; a
" any sub-contractors) r
n w e
x t
e i y
e t p
l .
d h
o 10. LIMITATIONS AND
t i s EXCLUSIONS OF LIABILITY
o t i 10.1 Neither party excludes or limits
s o liability to the other party:
k n (a) for death or personal injury resulting
n o s from the negligence of that party or
o b its directors, officers, employees,
w l a agents or sub-contractors; or
" i n (b) for its own fraud (or that of its
g d directors, officers, employees, agents or
b a sub-contractors).
a t f 10.2 Subject to Clause 10.1, Customer's
s i i exclusive remedy for Intertek's
i o r breach of its obligations and the total
s n e liability of Intertek for any loss or
: s s damage claimed, either directly
(a) to any legal advisers and statutory ; or indirectly, in contract, tort, or
auditors that it has engaged for itself; u (c) strikes and labour disputes, other otherwise, including, but not limited
(b) to any regulator having regulatory or n than by any one or more employees to, breach of
supervisory authority over its business; d of the affected party or of any supplier contract, breach of warranty,
(c) to any director, officer or employee e or agent of the affected party; or negligence, gross negligence, strict
of the Receiving Party provided that, r (d) failures of utilities companies such liability, and negligent and
in each case, the Receiving Party has as providers of telecommunication, misrepresentation, in connection with
first advised that person of the t internet, gas or electricity services. the provision of the Services shall be
obligations under Clause 7.1 and h 9.2 For the avoidance of doubt, where two (2) times the fee paid or payable
ensured that the person is bound by i the affected party is Intertek any in respect of the specific service
obligations of confidence in respect of s failure or delay caused by failure or giving rise to such claim.
the Confidential Information no less delay on the part of a subcontractor 10.3 Subject to Clause 10.1, neither party
onerous than those set out in this C shall only be a Force Majeure shall be liable to the other in contract,
Clause 7; and l Event (as defined below) where the tort (including negligence and breach
(d) where the Receiving Party is a subcontractor is affected by one of the of statutory duty) or otherwise for any:
Intertek, to any of its u events described above. (a) loss of profits;
subsidiaries, affiliates or s 9.3 A party whose performance is (b) loss of sales or business;
subcontractors. e affected by an event described in Clause (c) loss of opportunity (including without
7.3 The provisions of Clauses 7.1 and 9.1 (a Force limitation in relation to third party
7.2 shall not apply to any 7 M agreements or contracts);
Confidential Information which: a (d) loss of or damage to goodwill or
.
(a) was already in the possession of j reputation;
7.6 No licence of any Intellectual Property
the Receiving Party prior to its receipt e (e) loss of anticipated savings;
Rights is given in respect of any
from the u (f) cost or
Confidential Information solely by the
Disclosi r
disclosure of such Confidential expenses
ng e
Information by the Disclosing Party. incurred in
Party 7.7 With respect to archival storage, the relation to making
without E
Client acknowledges that Intertek may a product recall;
restricti v
retain in its archive for the period (g) loss of use
on on e
required by its quality and assurance or corruption of
its use n
processes, or by the testing software, data or
or t
and certification rules of the ) information; or
disclosu relevant accreditation body, all (h) any indirect, consequential loss,
re; materials necessary to punitive or special loss (even when
(b) is or becomes public knowledge other s
d advised of their
than by breach of this Clause 7; h
o p
(c) is received by the Receiving Party a
c o
from a third party who lawfully l
u l s
acquired it and who is under no m s
obligation restricting its disclosure; or :
e i
(d) is independently developed by the (a) promptly notify the other party in
n b
Receiving Party without access to the writing of the Force Majeure Event
t and the cause and the likely duration i
relevant l
C of any consequential delay or non-
performance of its obligations; i
o t t
n (b) use all reasonable endeavours to
h avoid or mitigate the effect of the y
f e )
i Force Majeure Event and continue to
perform or resume performance of .
d 10.2 Any claim by the Client against
e its affected obligations as soon as
S reasonably possible; and Intertek (always subject to the provisions of
n e this Clause
(c) continue to provide Services that
t r 10) must be made within ninety (90)
remain unaffected by the Force Majeure
i v days after the Client becomes aware
Event.
a i of any circumstances giving rise to
9.4 If the Force Majeure Event continues
l c any such claim. Failure to give such
for more than sixty (60) days after the
e day on which it started, each party notice of claim within ninety (90) days
s may terminate this Agreement by shall constitute a bar or irrevocable
I waiver to any claim, either directly or
n giving at least ten (10) days'
w indirectly, in contract, tort or otherwise
f p in connection with the provision of
r
o r Services under this Agreement.
i
r o t 11. INDEMNITY
m v t 11.1 The Client shall indemnify and hold
a i e harmless Intertek, its officers,
t d n
i employees, agents, representatives,
e contractors and sub-contractors from
o d n
n and against any and all claims, suits,
. o liabilities (including costs of litigation
. t
8. AMENDMENT and attorney's fees) arising, directly or
7.4 The Receiving Party may disclose i
8.1 No amendment to this Agreement indirectly, out of or in connection with:
Confidential Information of the c
shall be effective unless it is in (a) any claims or suits by any
Disclosing Party to the extent required e
writing, expressly stated to amend governmental authority or others for
by law, any regulatory authority or
this Agreement and signed by an any actual or asserted failure of the
the rules of any stock exchange on t
authorised signatory of each party. Client to comply with any law,
which the Receiving Party is listed, o ordinance, regulation, rule or order of
provided that the Receiving Party 9. FORCE MAJEURE
any governmental or judicial authority;
has given the 9.1 Neither party shall be liable to the t
(b) claims or suits for personal injuries,
Disclosing Party prompt written notice other for any delay in performing or

March 2014

loss of or damage to property,
economic loss, and loss of or
damage to Intellectual Property
Rights incurred by or occurring to any
person
March 2014
Intertek General Terms and Conditions of
Services
or entity and arising in connection d 14. ASSIGNMENT AND SUB-
with or related to the Services . CONTRACTING
provided hereunder by 13.2 This Agreement may be terminated by: 14.1 Intertek reserves the right to delegate
Intertek, its officers, employees, (a) either party if the other continues in the performance of its obligations
agents, representatives, contractors an sub- material breach of any obligation hereunder and the provision of the
contractors; (c) the breach or alleged imposed upon it hereunder for more Services to one or more of its affiliates
breach by the Client of any of its than thirty (30) days after written and/ or sub-contractors when
obligations set out in Clause 4 notice has been dispatched by that necessary. Intertek may also assign
a Party by recorded delivery or courier this Agreement to any company within
b requesting the other to remedy such the Intertek group on notice to the
o breach; Client.
v (b) Intertek on written notice to the Client 15. GOVERNING LAW AND
e in the event that the Client fails to pay DISPUTE RESOLUTION
; any invoice by its due date and/or fails 15.1 This Agreement and the Proposal
(d) any claims made by any third party to make payment after a further shall be governed by English law. The
for loss, damage or expense of request for payment; or parties agree to submit to the
whatsoever nature and howsoever (c) either party on written notice to the exclusive jurisdiction of the English
arising relating to the performance, other in the event that the other makes any Courts in respect of any dispute or
purported performance or non- voluntary claim arising out of or in connection
performance of any Services to the arrangement with its creditors or with this Agreement (including any
extent that the aggregate of any such becomes subject to an administration non-contractual claim relating to the
claims relating to any one Service order or (being an individual or firm) provision of the Services in
exceeds the limit of liability set out in becomes bankrupt or (being a accordance with this Agreement).
Clause 10 above; company) goes into liquidation
(e) any claims or suits arising as a result (otherwise than for the purposes of a 16.
of any misuse or unauthorised use of solvent amalgamation or
any Reports issued by Intertek or reconstruction) or an encumbrancer
any Intellectual Property Rights takes possession, or a receiver is M
belonging to Intertek (including trade appointed, of any of the property or I
marks) pursuant to this Agreement; assets of the other or the other S
and ceases, or threatens to cease, to carry C
(f) any claims arising out of or relating to on business. E
any third party's use of or reliance on 13.3 In the event of termination of the L
any Reports or any reports, analyses, Agreement for any reason and without L
conclusions of the Client (or any third prejudice to any other rights or A
party to whom the Client remedies the parties may have, the N
has provided the Reports) Client shall pay Intertek for all E
based in whole or in part on Services performed up to the date O
the Reports, if applicable. of termination. This obligation U
11.2 The obligations set out in this Clause 11 shall survive S
shall survive termination of this Agreement. t
e
12. INSURANCE POLICIES S
r
12.1 Each party shall be responsible for e
m
the arrangement and costs of its v
i
own company insurance which e
n
includes, without limitation, r
a
professional indemnity, employer's a
t
liability, motor insurance and property b
i
insurance. i
o
12.2 Intertek expressly disclaims any liability l
n
to the Client as an insurer or guarantor. i
12.3 The Client acknowledges that although t
Intertek maintains employer's liability y
o
insurance, such insurance does not 16.1 If any provision of this Agreement is
r
cover any employees of the Client or or becomes invalid, illegal or
any third parties who may be involved unenforceable, such provision shall be
in the provision of the Services. If the severed and the remainder of the
e
Services are to be performed at provisions shall continue in full force
x
premises belonging to the Client or and effect as if this Agreement had
p
third parties, Intertek's employers been executed without the invalid
i
liability insurance does not provide illegal or unenforceable provision. If
r
cover for non-Intertek employees. the invalidity, illegality or
a
13. TERMINATION t unenforceability is so fundamental
13.1 This Agreement shall commence i that it prevents the accomplishment of
upon the first day on which the o the purpose of this Agreement,
Services are commenced and shall n Intertek and the Client shall
continue, unless terminated earlier in immediately commence good faith
accordance with this Clause negotiations to agree an alternative
1 o arrangement.
3 f N
, o
u t p
n h a
t i r
i t
s
l n
e
t r
A
h s
g h
e r i
e p
S e
e m o
r e r
v n
i t a
c . g
e 13.4 Any termination or expiration of the e
s Agreement shall not affect the n
accrued rights and obligations of the c
h parties nor shall it affect any y
a provision which is expressly or by 16.2 Nothing in this Agreement and no
v implication intended to come into force action taken by the parties under this
e or continue in force on or after such Agreement shall constitute a
termination or partnership, association, joint venture
b e or other co-operative entity between
e x the parties or constitute any party the
e p partner, agent or legal representative
n i of the other. Waivers
r 16.3 Subject to Clause 10.4 above, the
p a failure of any party to insist upon strict
r t performance of any provision of this
o i Agreement, or to exercise any right or
v o remedy to which it is entitled, shall not
i n constitute a waiver and shall not cause
d . a diminution of the obligations
e
 Intertek General Terms and Conditions of
Services
established by this Agreement. A f
waiver of any breach shall not o
constitute a waiver of any subsequent r
breach. c
16.4 No waiver of any right or remedy e
under this Agreement shall be
effective unless it is expressly stated
to be a waiver and communicated to a
the other party in writing. n
W y
h
o
l o
e f

A
g i
r t
e s
e
m
e
t
n
t e
r
16.5 This Agreement and the Proposal
m
contain the whole agreement
s
between the parties relating to the
.
transactions contemplated by this
F
agreement and supersedes all
u
previous agreements, arrangements
r
and understandings between the t
parties relating to those transactions or h
that subject matter. No purchase e
order, statement or other similar r
document will add to or vary the terms
of this Agreement. A
16.6 Each party acknowledges that in s
entering into this Agreement it has s
not relied on any representation, u
warranty, collateral contract or other r
assurance (except those set out or a
referred to in this Agreement) made n
by or on behalf of any other party c
before the e
acceptance or signature of this 16.9 Each party shall, at the cost and
Agreement. Each party waives all request of any other party, execute
rights and remedies that, but for this and deliver such instruments and
Clause, might otherwise be available documents and take such other
to it in respect of any such actions in each case as may be
representation, warranty, collateral reasonably requested from time to
contract or other assurance. time in order to give full effect to its
16.7 Nothing in this Agreement limits or obligations under this Agreement.
excludes any liability for fraudulent
misrepresentation.
T
h
i
r
d

P
a
r
t
y

R
i
g
h
t
s
16.8 A person who is not party to this
Agreement has no right under the Contract
(Rights of
T
h
i
r
d

P
a
r
t
i
e
s
)

A
c
t

1
9
9
9

t
o

e
n

March 2014