Terms

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S E C T I O N S

Full Terms and conditions:

1. These conditions, which are constructed under Scottish Law, are applicable to Caledonian Laboratories Ltd, and should be read in conjunction with other documents and/or correspondence issued by Caledonian Laboratories Limited.

2. Payments, referenced to any goods or services supplied, shall be made by cheque payable to Caledonian Laboratories Ltd.

3. Our price is exclusive of VAT which will be added at the standard rate.

4. Payment of invoices is required within 30 days from date of receipt.

5. Quotations are open for acceptance for 90 days from issue and valid for 6 months after acceptance.

6. Under no circumstances, shall Caledonian Laboratories Limited be liable to our Customer for any indirect or consequential loss suffered by the Customer relying on the information included in the reports prepared by Caledonian Laboratories Limited including (without limitation) loss of profit, loss of contracts or pure economic loss. Caledonian Laboratories Limited liability under this contract is limited to the loss or damages to goods or samples of the Customer caused by the proven negligence or breach of contract by Caledonian Laboratories Limited.

7. The total liability of Caledonian Laboratories Limited to the Customer whether as to specie, quantum or duration of liability, is set out in the contract between the Customer and Caledonian Laboratories Limited and no other obligations are to be implied into the contract, whether as to the giving of bonds, warranties or guarantees.

8. The Customers written order together with a schedule detailing the analyses required must be received prior to the commencement of any testing programme.

9. Services ordered will be carried out strictly in accordance with our offer.

10. Caledonian Laboratories Limited reserve the right to provide the testing services from Caledonian Laboratories Limited main laboratories or elsewhere, and by others, as reasonably necessary to complete the works.

11. A minimum charge of £25.00 per laboratory testing contract is applicable on all contracts. This charge may be waived for regular customers at the company’s discretion.

12. Caledonian Laboratories Limited’s liability under any contract for testing shall be strictly limited to the invoice value of any analyses performed.

13. Where testing is requested, the Customer will provide adequate and suitable samples for the testing required in a form and container approved by Caledonian Laboratories Limited. However, Caledonian Laboratories Limited will not be liable for inability to complete testing due to inadequate or unsuitable samples.

14. Caledonian Laboratories Limited will store any of its samples for a period of 2 months beyond the date of sample receipt. After this period all samples, excluding those under clause 19 will be disposed of unless written storage instructions are received in advance, in which case they will be stored until written instructions are received for their disposal.

15. Storage charges for samples retained beyond 2 months will be levied in advance at a rate of £1.00 per container per month. Payment for storage charge in full is required within 30 days of invoice.

16. Where pre-prepared sample containers are provided free of charge by Caledonian Laboratories Limited there will be a charge for the non return of unused containers, or those sample containers not subsequently scheduled for chemical testing of £1.00 per container.

17. Where sample collection is provided free of charge the Customer will ensure that reasonable notice of requirement and that arrangements are such that the collection can be made during normal working hours. The Customer will be liable for the costs of any abortive attempts made to collect samples.

18. The Customer shall inform Caledonian Laboratories Limited in advance of their intended delivery of any samples that are known, or suspected to contain material potentially hazardous to health such as radioactive, biologically active, poisonous, polluted or samples containing asbestos or other toxic chemicals. A risk assessment form is to accompany the samples.

19. When samples are classified as special waste as defined in the Special Waste (Scotland) Regulations (1997) and subsequent amendments, then on completion of the testing and storage period the samples are to be collected at no cost by the Customer. Alternatively Caledonian Laboratories Limited will arrange disposal to a tip licensed to handle such waste and will recharge the cost of administration, haulage and disposal at cost plus 10%.

20. Caledonian Laboratories Limited chemical analysis results, unless otherwise defined in our offer, will generally be reported within 10 working days (14 calendar days) of receipt of samples for test or the testing schedules, whichever is later.

21. Caledonian Laboratories Limited will use all reasonable endeavours to meet quoted completion dates. However, time is not the essence of the contract and Caledonian Laboratories Limited will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of contract or an act of negligence.

22. Premium charges, where applied to contracts on rapid turnaround, do not represent a guarantee to meet faster turnaround times. Premium charges are made to cover additional expenses incurred by Caledonian Laboratories Limited, such as overtime payments to staff and premiums charged to us by subcontractors.

23. Caledonian Laboratories Limited reserve the right to decline requests for non routine analysis, such as rapid turnaround contracts, from Customers with accounts in arrears.

24. Testing and/or analysis only reports refer only to the actual samples on which testing has been performed. No report shall be read as implying that any sample or mass from which the sample was drawn is fit for any intended purpose unless explicitly stated in writing by Caledonian Laboratories Limited.

25. Where advice is given free of charge, it is given in good faith and on the understanding that we have no legal liability for it.

26. Instant Update SMS Service is available free of charge to all customers. Caledonian Laboratories Limited reserve the right to withdraw this service from customers with accounts in arrears.

27. By subscribing to Instant Update SMS Service, customers give full permission to Caledonian Laboratories Limited to text project sensitive information to the registered number. It is the responsibility of the subscribing customer to notify Caledonian Laboratories Limited, in writing, of any change to the registered number.

28. Instant Update SMS Service requires an initial text to confirm registration. This single SMS message is subject to your service providers standard SMS charges. Caledonian Laboratories Limited are not liable for this one off payment.

29. Caledonian Laboratories Limited will not sell, transfer or in any way distribute telephone numbers registered with the Instant Update SMS Service to a third party.

30. Laboratory opening hours are 08.30 to 18.00, Monday to Friday. For the purposes of measuring contracted turnaround time, samples received after 15.00 hours will be deemed to have been received at 08.30 on the next working day. Samples received over a weekend, or bank holiday, will be deemed to have been received at 08.30 on the next working day.

31. Caledonian Laboratories Limited may require cheque with order for new accounts. Release of final report will be on clearance of payment.

32. Caledonian Laboratories Limited may charge interest on all late payments in accordance with the “Late Payment of Commercial Debts (Interest) Act 1998” as amended and supplemented by “The Late Payment of Commercial Debts Regulations 2002” Where payment has not been received by due date, interest charges shall be calculated as Bank of England base rate for the day payment becomes overdue + 8%. In accordance with this legislation, interest is charged PER DAY on the principle debt and any associated VAT charge. Current Bank of England base rate can be obtained here

ADDITIONAL TERMS ASSOCIATED WITH SPECIAL OFFERS

SO1. Caledonian Laboratories Limited reserve the right to cancel, amend or withdraw promotional offers without prior notice.

SO2. Special Offer promotions and discounts are not available to Customers with accounts in arrears.

SO3. Special Offer promotions and discounts are only available between pre-set dates. Where no deadline or closing date is specified, it shall be deemed to be no more than 28 working days from the beginning of the offer.