Standard Terms and Conditions
Unless otherwise agreed to in a formal written contract, all services provided by MGS Laboratories Ltd, are expressly limited to the terms and conditions stated herein.
Basis of Contract
All prices quoted are in Great British Pounds (GBP)
Where there is any variation or modification whatsoever to the services to be performed by MGS Laboratories Ltd upon which any quotation was based, we reserve the right to amend the price and quotation accordingly.
All Quotations are valid for a period of 30 days.
Each client order is a new contract and is not subject to the same commercial considerations as any previous contracts with the same client.
The contract may not be cancelled by the client except with the agreement in writing from MGS Laboratories Ltd and on terms that the client shall indemnify MGS Laboratories Ltd in full against all loss (including loss of profit and direct or indirect consequential loss), costs (including the cost of all labour and materials), damages, charges and expenses incurred by MGS Laboratories Ltd as a result of cancellation.
MGS Laboratories shall be under no obligation to provide the client with any advice upon the results of the services.
Prices are reviewed annually and may be subject to change without notice.
A 25% pre-payment is due for new clients, upon receipt of the order, before any work can commence.
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Payment Terms
Terms are net 30 days from the date on the invoice.
Clients with an established history will be invoiced after their work is completed and results received.
Charges for general consultancy, method development, GLP studies and special analyses or projects will normally be charged on a daily or hourly basis. Such charges will be discussed with the client and the services commenced following authorisation from the client.
For projects which are large or extended, partial or phase completion payments may be required.
Projects over £10,000 will require a 25% pre-payment to cover initial set up and test costs for the work.
All overdue accounts must be brought up to date before any further work will be accepted.
Interest will be charged at 8% above the Bank of England base rate on the day that the account becomes overdue.
A charge of £50.00 will be incurred for each returned cheque.
If an overdue account is sent to a collection agency then the client will be required to pay the agency fees.
All goods and services dispatched to the client remain the property of MGS Laboratories Ltd until payment has been received in full.
The client will be liable for and will indemnify MGS Laboratories Ltd against any Customs and Excise duties, charges or levies.
Any additional expense incurred by MGS Laboratories Ltd in returning the samples and/or containers to the client, at the specific request of the client, will be borne by the client.
The client shall at its own expense, retain duplicate copies of all input material and insure against its accidental loss or damage. MGS Laboratories Ltd shall have no liability for any such loss or damage, howsoever caused.
Clients Responsibility
The client will be responsible for notifying MGS Laboratories Ltd of any dangerous or harmful properties of the sample which may be known or suspected.
The client will be responsible for notifying MGS Laboratories Ltd of any hazards associated with samples submitted, via a Material Safety Data Sheet (MSDS) in accordance with COSHH and CHIP regulations. The client will indemnify MGS Laboratories Ltd against all losses incurred as a result of failure to notify MGS Laboratories Ltd of aforementioned sample specifications.
The client will be responsible for providing, at their own expense, the samples in the quantities and physical form, in a timely manner, as may be required by MGS Laboratories Ltd.
Services
Should MGS Laboratories Ltd agree to provide the services or any part of the services, by a specified date, MGS Laboratories Ltd will use all reasonable endeavors to complete the services or part of the services by that date, if however, despite those endeavors, MGS Laboratories Ltd is unable to complete the services or part of the services by that date, MGS Laboratories Ltd shall not be deemed to be in breach of this agreement.
The services and any reports containing the results of services supplied are prepared specifically in accordance with the clients instructions and any recommendations made or opinions expressed may not be appropriate to alternative schemes or applications. The copyright shall remain vested in MGS Laboratories Ltd who disclaim all responsibility or liability ( whether at law or under the express or implied terms of the contract whether or not envisaged at the time of entering into the contract) for any loss or damage of whatever nature in the event that this report is relied on by a third party or used in circumstances or for projects for which it was not originally commissioned or where any explanatory records, test results, comments or opinions contained therein are interpreted by anyone other than MGS Laboratories Ltd.
MGS Laboratories Ltd may at any time, without notifying the client, make any changes to the services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the services.
Sub-Contracting
Confidentiality
Each of the parties undertakes with the other not to disclose, to any third party, or use for any purpose other than as contemplated by the services any information supplied by the other party save as may be required by law or to employees who have reasonable need to see and use such confidential information.
None of the material or information provided by MGS Laboratories Ltd to the client shall be used by the client to convey any connection with MGS Laboratories Ltd, or any endorsement or implied approval of, or on behalf of, MGS Laboratories Ltd of any aspect of the clients business or products except for disclosures required by regulatory submissions or with the prior consent of MGS Laboratories Ltd.
Liabilities
MGS Laboratories Ltd will not be liable for any failure in the performance of any of its obligations under Contract, caused by factors outside its control.
MGS Laboratories Ltd shall have no liability to the client for any loss, damage, costs, expenses or other claims for compensation arising from any material or instructions supplied by the client which are incorrect, incomplete, inaccurate, illegible, out of sequence or in the wrong form, including late arrival or non arrival, or any other fault of the client.
MGS Laboratories Ltd will not be liable for the client’s use of any results or reports of the services provided to them by MGS Laboratories Ltd.
General
The contract shall in all respects be constructed and operated in accordance with English law.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
The headings are inserted for convenience only and shall not affect the construction or interpretation of these conditions.
