IQ Laboratory BV – Terms and Conditions
Article 1 Definitions:
In these general conditions shall apply:
A) Laboratory IQ: the private limited liability company IQ Laboratory BV, (1781 AD) Den Helder Het nieuwe diep 34aa, registered at the Chamber of Commerce for North-Holland under number 20149399:
B) Client: the natural or legal person providing IQ Laboratory with an order, or the owner of the sample which analysis will be performed, or the natural or legal person with whom IQ Laboratory has signed an agreement regarding the provision of services in the field of analysis.
C) Assignment: commitment of IQ Laboratory to perform analysis, inspection or test work or providing services.
D) Sample: a representative portion of material selected from a larger quantity of material for laboratory analysis, inspection or test.
E) Sampling: how to create and / or obtaining a sample.
Article 2 Applicability of general conditions:
These general conditions apply to all offers and contracts relating to IQ by Laboratory to perform work or services to be provided, unless prior to the making the offer, or the prior to the creation of a contract, otherwise agreed in writing. Changes and / or additions to these terms and conditions apply only if confirmed in writing by IQ-Laboratory and only for that assignment.
Article 3 Offers and contract:
All by IQ Laboratory offers made are non-binding to iQ Laboratory, unless a deadline for acceptance is expressly specified . Client communicates by writing, by telephone, fax, electronically or otherwise requests to IQ Laboratory for; sampling, the receipt of (a) sample (s) for the Laboratory for performing analysis, inspection or testing activities. IQ-Laboratory Assignments to lead to effort commitments, not to result. The contract between IQ Laboratory and client come into existence because IQ-Laboratory expressly agrees in writing, or had actually started making the actual execution of the work, as evidenced by the registration of the sample in the laboratory. The contract is deemed to be completed by the client to provide a report by IQ Laboratory to the client.
IQ Laboratory will keep records of the contract relevant data, correspondence and documents for a period of seven years after the completion of the assignment in electronic form, after which IQ Laboratory has the right to destroy this information.
Article 4 Execution command:
IQ Laboratory will carefully and skillfully perform its actions has held in the contract . Execution of a contract is done according to the standards set out in the contract. Execution of a contract (routine analysis, inspection, test) is in principle within 48 hours of arrival and registration of the sample in the laboratory of IQ Laboratory, unless otherwise agreed. If an order must be expedited, overtime and / or other extra charges are applicable.
Deadlines mentioned in the framework of the execution of the contract are indicated deadlines, not fatal deadlines. Execution of the contract will be exclusively for the client. Third parties can not derive rights from the work performed or services rendered. If a sample sent to iQ Laboratory is in the context of the execution of counter-analysis , IQ Laboratory will store this samples for seven days after completing the counter-analysis, after which IQ Laboratory has the right of sample destruction.
Article 5 Sampling and resampling:
IQ Laboratory accepts no liability for sampling, if sampling was not conducted by IQ Laboratory itself. Client ensure that sampling is performed such a way that a representative sample is obtained. The Client must take appropriate precautionary and preservation measures , before and / or during the transport of the sample to IQ Laboratory, in order to prevent physical, chemical and / or biological reactions to occur which influence the quality of the sample taken. Samples taken by the client and provided to IQ Laboratory should be labelled with the sample ID, date, sampler name, location and whether or not the sample is acidified.
Article 6 Packaging:
If the client does not use the , under the contract made available packaging bearing the logo of IQ Laboratory, the client is to ensure that the sample is provided in a proper packaging. By IQ Laboratory provided sample bottles, containers, buckets and relatives (items) are and remain the property of IQ-Laboratory. The client is not permitted to use the by IQ Laboratory provided items for other purpose, or to make them available to third parties. Using items provided by IQ Laboratory is at the risk of the client. IQ Laboratory is not liable for lost, damaged or unusable by its items.
Article 7 Liability:
Customer is liable for the accuracy and completeness of by him provided information, data and the representativeness of samples to IQ Laboratory . Any liability for consequential or incidental damages, contractual and extra-contractual in the context of the creation or execution of the contract by IQ Laboratory is restricted to the amount of the professional liability insurance of IQ Laboratory. All claims by the client expire, if not in writing and filed with motivation within one year after client knew or reasonably could know the facts on which the claims are based. IQ Laboratory is not obliged to fulfil any obligation towards the client, if IQ Laboratory for this purpose has been prevented as a result of a circumstance that is not due to its debt, either under law, legal act or generally accepted accounts. IQ Laboratory is not liable in case of errors or delays caused by incorrect operation of the execution of used electronic equipment.
Article 8 Safeguard:
Client shall indemnify Laboratory IQ against claims of third parties who claim to have suffered damages by or due by IQ Laboratory work now performed or services rendered.
Article 9 Supremacy:
IQ Laboratory is not obliged to fulfil any obligation in respect to client, if IQ Laboratory work execution is prevented because of circumstances which can not be blamed, either under law, legal act or generally accepted accounts. If IQ Laboratory obligations are not, not timely or is unable to fulfil because of an non-attributable cause, including but not limited to stagnation in the affairs of his company or with third parties whose IQ-Laboratory for the implementation of the agreement depends upon , or incorrect operation of the used electronic equipment, its obligations are suspended until the IQ Laboratory is capable to execute work in the manner agreed . If the period in which the fulfilment of obligations by IQ Laboratory is not possible lasts longer than a month, both parties have the agreement fully or partially terminate without there being any obligation to pay compensation.
Article 10 Prices and payment:
All prices mentioned by IQ Laboratory in offers made, quotations and / or agreements are exclusive of VAT, duties and charges, unless otherwise stated or agreed. Billing of Laboratory work or services performed by IQ Laboratory shall be monthly unless otherwise agreed. Payment of the invoice from IQ Laboratory by the client is within 30 days after date of invoice, without discount or offset, by means of legal tender at the offices of IQ Laboratory, or by transferring the amount owed on an IQ Laboratory designated bank account . By principal payments are made first to settle all interest and costs and then to invoice amounts. The administration of IQ Laboratory provides evidence of what is owed to IQ Laboratory. In case of non-payment or exceeding the payment from the due date, the client is legally in fault and the invoice will be increased without any warning or notice with a default interest at a rate of 1.25% per month or part of a month on the amount owed. All actual extra judicial costs related to the collection of invoices, shall by the default be added to the charges to the client. In case of liquidation, bankruptcy or suspension of payment, the obligations of the client are immediately made payable on demand.
Article 11 Security:
If there is good reason to fear that the client will not strictly fulfil its obligations, the client is held on the first request of IQ Laboratory to provide sufficient surety, and if necessary the client will supplement surety to meet all his obligations. As long as the client has not met these sureties, IQ Laboratory is entitled to suspend all its obligations towards client. If the client does not provide sufficient surety within 14 days after a written request to that effect by IQ Laboratory, all its liabilities are made payable on demand.
Article 12 Applicable law:
All offers and contracts between IQ Laboratory and client, and to any agreements that might result from it, only Dutch law apply. The applicability of the CISG is expressly excluded.
Article 13 Jurisdiction:
All disputes arising from the contract or contracts that may result there from, shall be settled by the competent court in the district in which IQ Laboratory is located.