The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client. 2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal shall take precedence. 2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit. 2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice. 2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only. 2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report. 2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 10 contracts
Samples: Terms and Conditions, General Terms and Conditions of Services, General Terms and Conditions of Services
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal this Agreement shall take precedence. This Agreement takes precedence over any terms and conditions set forth in any Client purchase order or otherwise, all of which Client terms are hereby rejected. Acceptance of Services constitutes acceptance of all terms and conditions set forth in this Agreement. Neither Intertek’s commencement of performance or delivery of the services constitutes an acceptance of Client’s terms or conditions.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised authorized to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Client is responsible for acting as it sees fit on the basis its actions and use of such any Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken by the Client or any third party instructed or advised by the Client, on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 7 contracts
Samples: General Terms and Conditions, Testing and Evaluation Terms and Conditions, Services Agreements
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (the Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
2.8 Unless expressly agreed to, Intertek has no obligation to provide any comment, analysis, judgment or suggestion regarding any issue for which no specific requirements are set forth in the testing, inspection, certification, auditing or other standards that are applicable and applied to the Services.
Appears in 5 contracts
Samples: Standard Service Agreement, Services Agreements, Intertek Standard Service Terms and Conditions
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal this Agreement shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The 2.4 Where the Client has instructed Intertek to carry out the Services on behalf of its suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practicepractice and Intertek shall provide a copy of the Report to the Client. The content of any Report represent Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5 The Client and its suppliers further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Where the Client instructs Intertek to perform a Remote Inspection, the Client and/or the Clients suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the most current information and documentation to perform the Remote Inspection; (ii) to download the App, if applicable, onto the Clients or their suppliers smartphone and use the app solely for the purposes of the Remote Inspection; (iii) to allow the Inspector to direct the camera of the smartphone while using the App, to allow the Inspector to perform the Remote Inspection and (iv) the Client and/or the Clients suppliers shall be solely responsible for ensuring sufficient internet connectivity to perform the remote inspection. If internet connectivity fails during the Remote Inspection, the Client and/or the Clients suppliers shall make all attempts to reconnect, if reconnection is not possible a physical inspection will be scheduled.
2.7 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 2.8 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 3 contracts
Samples: Terms and Conditions for General Services, General Terms and Conditions, Terms and Conditions for General Services
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with (i) the terms limits of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to instructions received by the Client; and (ii) the content of the audit program as set out by Intertek or any applicable audit regulatory body.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the Client in the terms of the Proposal this Agreement shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The 2.4 Where the Client has instructed Intertek to carry out the Services on behalf of its suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practicepractice and Intertek shall provide a copy of the Report to the Client. The content of any Report represent Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5 The Client and its suppliers further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Where the Client instructs Intertek to perform a Remote Inspection, the Client and/or the Clients suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the most current information and documentation to perform the Remote Inspection; (ii) to download the App, if applicable, onto the Clients or their suppliers smartphone and use the app solely for the purposes of the Remote Inspection; (iii) to allow the Inspector to direct the camera of the smartphone while using the App, to allow the Inspector to perform the Remote Inspection and (iv) the Client and/or the Clients suppliers shall be solely responsible for ensuring sufficient internet connectivity to perform the remote inspection. If internet connectivity fails during the Remote Inspection, the Client and/or the Clients suppliers shall make all attempts to reconnect, if reconnection is not possible a physical inspection will be scheduled.
2.7 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 2.8 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 3 contracts
Samples: General Terms and Conditions, Terms and Conditions for General Services, Terms and Conditions for General Services
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal this Agreement shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised authorized to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The 2.4 Where the Client has instructed Intertek to carry out the Services on behalf of its suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practicepractice and Intertek shall provide a copy of the Report to the Client. The content of any Report represent Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5 The Client and its suppliers further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Where the Client is responsible for acting as it sees fit on instructs Intertek to perform a Remote Inspection, the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on and/or the basis of such Report.
2.7 In agreeing Clients suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the Services pursuant most current information and documentation to this Agreementperform the Remote Inspection; (ii) to download the App, Intertek does not abridgeif applicable, abrogate onto the Clients or undertake to discharge any duty or obligation their suppliers smartphone and use the app solely for the purposes of the Client to any other person or any duty or obligation of any person to the Client.Remote Inspection;
Appears in 2 contracts
Samples: Terms and Conditions for General Services, Terms and Conditions for General Services
The Services. 2.1 Intertek shall 3.1 The Council hereby engages the Provider to provide the Services and the Provider agrees to the Client provide such Services in accordance with the terms of and conditions set out in this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the ClientAgreement.
2.2 In 3.2 The Provider warrants that the event of any inconsistency between the terms of Services will in all respects comply with this Agreement and that the ProposalProvider shall exercise all due skill, care and diligence as would be expected of an experienced Provider undertaking work of similar size, scope and complexity to the terms of the Proposal shall take precedenceServices.
2.3 3.3 The Provider shall employ a sufficient number of suitably skilled experienced and competent qualified persons to provide the Services provided by Intertek in accordance with the EYFS Statutory Framework within the timescales required under this Agreement and as evidence of that shall obtain for each of such persons who works directly with children or who is likely to have unsupervised access to them an enhanced DBS check, or other such check required by the
3.4 The Provider shall liaise with the Authorised Officer and shall comply with the reasonable request of the Authorised Officer in connection with the Services and shall use his best endeavours to promote the interests of the Council in connection with the Services and shall keep the Authorised Officer fully informed of all changes to the Provider’s relevant circumstances during the period of this Agreement.
3.5 A senior member of the Provider's staff must be nominated promptly by the Provider to act as the Provider's representative to liaise with the Authorised Officer as required in connection with the Services and to attend any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates officer and other material prepared by Intertek meetings to be convened within the Kirklees District in respect of which the course Provider has received prior notification whether under Clause 5 or otherwise.
3.6 The Provider must have regard to the need to safeguard and promote the welfare of providing any Child under the care of the Provider. The Provider must have clear policies and procedures in place that link to the guidance for recognising, responding, reporting and recording suspected or actual abuse.
3.7 Except as otherwise expressly specified in any Schedule to this Agreement:-
3.7.1 the Provider shall communicate to the parents and ensure the parents understand details about the days and times that they offer free places along with their Services and Charges and any admissions criteria;
3.7.2 the Provider shall provide everything necessary for the proper performance of the Services;
3.7.3 all consents, permissions and Eligibility Codes necessary in connection with the Services shall be the responsibility of the Provider.
3.7.4 the Provider shall check original copies of documentation to ensure that the Core Details of the Child are correct and that the Child has reached eligible age on initial registration for all FEEC;
3.7.5 the Provider shall enter into a Parent Agreement with the parent of each Child to whom it provides Services prior to commencement of the first school term and shall inform the Council as soon as practicable of any withdrawal of the Services prior to the Client, together with status summaries or any other communication in any form describing Headcount Day under the results Parent Agreement.
3.7.6 the Provider shall inform the Council as soon as practicable of any work or services performed (Report(s)) amendments to the Parent Agreement during the term of this Agreement.
3.7.7 the Provider shall co-operate with other Providers and provide reasonable information, advice and assistance in connection with the Services in order to promote partnership working across all sectors and offer flexible provision alongside other Providers.
3.8 The Authorised Officer shall be only entitled (but not unreasonably or vexatiously) to require the Provider forthwith upon issue of notice in writing (or upon expiry of 7 days’ notice in writing where it is practicable to give 7 days’ notice) to remove from the provision of the Services any personnel specified in such notice if the Authorised Officer has reasonable grounds for believing that such person’s conduct or ability is not of a sufficient standard for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing proper provision of the Services Intertek is obliged to deliver and the Provider shall forthwith remove such person from the provision of the Services and immediately provide a Report to a third partyreplacement unless the Council determines, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third partyin writing, otherwise. For the purposes avoidance of doubt this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit does not require such personnel to be dismissed from the circumstances, trade, custom, usage or practiceProvider’s employment.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 2 contracts
Samples: Kirklees Agreement, Kirklees Agreement
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with (i) the terms limits of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to instructions received from the Client; and (ii) the content of the audit program as set out by Intertek or any applicable audit regulatory body.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal Agreement shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably irrevocable authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The 2.4 Where the Client has instructed Intertek to carry out the Services on behalf of it suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's ’s specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practicepractice and Intertek shall provide a copy of the Report to the Client. The content of any Report represent Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5 The Client and its suppliers further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Where the Client instructs Intertek to perform a Remote Inspection, the Client and/or the Clients suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the most current information and documentation to perform the Remote Inspection; (ii) to download the App, if applicable, onto the Client’s or their suppliers smartphone and use the app solely for the purposes of the Remote Inspection; (iii) to allow the Inspector to direct the camera of the smartphone while using the App, to allow the Inspector to perform the Remote Inspection and (iv) the Client and/or the Clients suppliers shall be solely responsible for ensuring sufficient internet connectivity to perform the remote inspection. If internet connectivity fails during the Remote Inspection, the Client and/or the Clients suppliers shall make all attempts to reconnect, if reconnection is not possible a physical inspection will be scheduled.
2.7 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 2.8 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 2 contracts
Samples: General Terms and Conditions of Services, General Terms and Conditions of Services
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal this Agreement shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The 2.4 Where the Client has instructed Intertek to carry out the Services on behalf of its suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practicepractice and Intertek shall provide a copy of the Report to the Client. The content of any Report represent Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5 The Client and its suppliers further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Where the Client is responsible for acting as it sees fit on instructs Intertek to perform a Remote Inspection, the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on and/or the basis of such Report.
2.7 In agreeing Clients suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the Services pursuant most current information and documentation to this Agreementperform the Remote Inspection; (ii) to download the App, Intertek does not abridgeif applicable, abrogate onto the Clients or undertake to discharge any duty or obligation their suppliers smartphone and use the app solely for the purposes of the Client to any other person or any duty or obligation of any person to the Client.Remote Inspection;
Appears in 1 contract
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with (i) the terms limits of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to instructions received from the Client; and (ii) the content of the audit program as set out by Intertek or any applicable audit regulatory body.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal this Agreement shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The 2.4 Where the Client has instructed Intertek to carry out the Services on behalf of its suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practicepractice and Intertek shall provide a copy of the Report to the Client. The content of any Report represent Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5 The Client and its suppliers further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Where the Client instructs Intertek to perform a Remote Inspection, the Client and/or the Clients suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the most current information and documentation to perform the Remote Inspection; (ii) to download the App, if applicable, onto the Clients or their suppliers smartphone and use the app solely for the purposes of the Remote Inspection; (iii) to allow the Inspector to direct the camera of the smartphone while using the App, to allow the Inspector to perform the Remote Inspection and (iv) the Client and/or the Clients suppliers shall be solely responsible for ensuring sufficient internet connectivity to perform the remote inspection. If internet connectivity fails during the Remote Inspection, the Client and/or the Clients suppliers shall make all attempts to reconnect, if reconnection is not possible a physical inspection will be scheduled.
2.7 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 2.8 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
Samples: Intertek Standard Service Tc
The Services. 2.1 Intertek The Supplier shall meet any performance dates for the Services specified in the Order or notified to the Supplier by the Customer.
2.2 In providing the Services, the Supplier shall:
(a) ensure that the Services and Deliverables correspond with their description in the Order and any applicable Specification, and that they comply with all applicable statutory and regulatory requirements;
(b) co-operate with the Customer in all matters relating to the Services, and comply with all instructions of the Customer;
(c) perform the Services with the best care, skill and diligence in accordance with best practice in the Supplier's industry, profession or trade;
(d) use personnel who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that the Supplier's obligations are fulfilled in accordance with this Contract;
(e) provide all equipment, tools and vehicles and such other items as are required to provide the Services;
(f) use the best quality goods, materials, standards and techniques, and ensure that the Deliverables, and all goods and materials supplied and used in the Services or transferred to the Customer, will be free from defects in workmanship, installation and design;
(g) observe all health and safety rules and regulations and any other security requirements that apply at any of the Customer's premises;
(h) not do or omit to do anything which may cause the Customer to lose any licence, authority, consent or permission on which it relies for the purposes of conducting its business, and the Supplier acknowledges that the Customer may rely or act on the Services; and
(i) not infringe the rights of any third party or cause the Customer to infringe any such rights.
2.3 The Supplier represents and warrants that it has obtained and shall make available to the Customer all licences, clearances, permissions, authorisations, consents and permits necessary for the supply of the Services to the Client in accordance with Customer and that the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) Deliverables shall be only fit for all purposes for which the Client's use and benefitSupplier is or ought reasonably to be aware that they are required by the Customer.
2.4 The Client acknowledges and agrees that if Customer reserves the right at any time to inspect work being undertaken in providing relation to supply of the Services, test the Services Intertek is obliged and inspect the premises where the Deliverables are being manufactured or stored. The Customer's inspector may adopt any reasonable means to deliver a Report to a third partysatisfy himself or herself that the correct materials, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, workmanship and/or care and skill are or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practicehave been used.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within If following such inspection or testing the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges Customer considers that the Services do not conform or are not necessarily designed or intended unlikely to address all matters of qualitycomply with the Supplier's undertakings at Condition 2.2, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified the Customer shall inform the Supplier and the scope of work does not necessarily reflect all standards which may apply Supplier shall immediately take such remedial action as is necessary to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services onlyensure compliance.
2.6 Client is Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 In agreeing to provide the Services pursuant and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract, and the Customer shall have the right to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of conduct further inspections and tests after the Client to any other person or any duty or obligation of any person to the ClientSupplier has carried out its remedial actions.
Appears in 1 contract
Samples: Annual Framework Agreement for Language Course Services
The Services. 2.1 Intertek (a) The Customer hereby appoints Service Provider to provide the Services with respect to each Fund and Service Provider agrees to provide the Services with respect to each Fund (subject to any limitations notified by the Customer to Service Provider in writing and subject to any requirements or restrictions imposed on the performance of such functions by any statutory provisions for the time being in force), until this Agreement is terminated as hereinafter provided.
(b) The Customer shall have the right to amend the Registration Statement, provided however that any change to Service Provider’s rights or responsibilities under this Agreement resulting from such amendment shall be subject to the terms and conditions of Section 2.6.
(c) Service Provider shall act as agent of the Customer solely with respect to the duties of Service Provider described in this Agreement.
(d) The Customer acknowledges that Service Provider is not providing any legal or investment advice in providing the Services.
(e) Service Provider, in its sole discretion, shall designate the necessary resources for each Fund's accounts and the Services relating thereto and to interact directly with the Customer ("Account Resources"). Service Provider shall only change an Account Resources for reasons beyond Service Provider's control, including, without limitation, death, illness, resignation of the Account Resources or with reasonable advance notice to Customer; provided however that in the event it is necessary for Service Provider to remove an Account Resources, Service Provider shall, at its sole cost and expense, (a) use its reasonable efforts to find a suitable replacement and (b) train such replacement Account Resources, to the extent possible within Service Provider’s control, during a transition period.
(f) Service Provider and Customer shall cooperate in performing regular performance reviews of the Services with the other party.
(g) Service Provider may provide Services or cause its Affiliates to provide Services from its current operations locations as may be established from time to time as set forth in Schedule 3. With the exception of the service locations set forth on Schedule 3, Service Provider shall not employ agents or delegate or sub-contract any of its functions, powers, discretions, privileges and duties under this Agreement or any Schedule to any other Affiliate of Service Provider or any other person without the Customer's prior written approval (such approval shall not be unreasonably withheld or delayed). Notwithstanding the foregoing, the compensation of any such person or persons shall be paid by Service Provider and Service Provider shall remain responsible to the Customer for the actions or omissions of any agents, delegees or subcontractors as it is for its own acts and omissions.
(h) Service Provider shall provide the Services to the Client in accordance with a service level document (the terms “Service Level Document”) as mutually agreed by the parties. The Service Level Document is hereby incorporated by reference and made a part of this Agreement which is expressly incorporated into any Proposal Intertek has made Agreement. The parties acknowledge and submitted agree that the Service Level Document provides detailed descriptions relating to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement timeframes, deadlines and the Proposal, the terms of the Proposal shall service levels. Service Provider will take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek such actions as specified in the course of providing the Services Service Level Document to the Client, together with status summaries or correct any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed non-compliance with the Client stated service levels, whether or not Service Provider was negligent in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services onlysuch Services.
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
Samples: Administrative Services Agreement (American Funds Insurance Series)
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with (i) the terms limits of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to instructions received from the Client; and (ii) the content of the audit program as set out by Intertek or any applicable audit regulatory body.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal Agreement shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The 2.4 Where the Client has instructed Intertek to carry out the Services on behalf of it suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's ’s specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practicepractice and Intertek shall provide a copy of the Report to the Client. The content of any Report represent Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5 The Client and its suppliers further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Where the Client instructs Intertek to perform a Remote Inspection, the Client and/or the Clients suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the most current information and documentation to perform the Remote Inspection; (ii) to download the App, if applicable, onto the Client’s or their suppliers smartphone and use the app solely for the purposes of the Remote Inspection; (iii) to allow the Inspector to direct the camera of the smartphone while using the App, to allow the Inspector to perform the Remote Inspection and (iv) the Client and/or the Clients suppliers shall be solely responsible for ensuring sufficient internet connectivity to perform the remote inspection. If internet connectivity fails during the Remote Inspection, the Client and/or the Clients suppliers shall make all attempts to reconnect, if reconnection is not possible a physical inspection will be scheduled.
2.7 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 2.8 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
The Services. 2.1 Intertek VIC Inspections Services Holding shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek VIC Inspections Services Holding has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal shall take precedence.
2.3 The Services provided by Intertek VIC Inspections Services Holding under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek VIC Inspections Services Holding in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek VIC Inspections Services Holding is obliged to deliver a Report to a third party, Intertek VIC Inspections Services Holding shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of IntertekVIC Inspections Services Holding, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek VIC Inspections Services Holding are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek VIC Inspections Services Holding is limited to the facts and representations set out in the Reports which represent IntertekVIC Inspections Services Holding’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek VIC Inspections Services Holding nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek VIC Inspections Services Holding does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the Client in the terms of the Proposal this Agreement shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The 2.4 Where the Client has instructed Intertek to carry out the Services on behalf of its suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practicepractice and Intertek shall provide a copy of the Report to the Client. The content of any Report represent Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5 The Client and its suppliers further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Where the Client instructs Intertek to perform a Remote Inspection, the Client and/or the Clients suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the most current information and documentation to perform the Remote Inspection; (ii) to download the App, if applicable, onto the Clients or their suppliers smartphone and use the app solely for the purposes of the Remote Inspection; (iii) to allow the Inspector to direct the camera of the smartphone while using the App, to allow the Inspector to perform the Remote Inspection and (iv) the Client and/or the Clients suppliers shall be solely responsible for ensuring sufficient internet connectivity to perform the remote inspection. If internet connectivity fails during the Remote Inspection, the Client and/or the Clients suppliers shall make all attempts to reconnect, if reconnection is not possible a physical inspection will be scheduled.
2.7 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 2.8 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
The Services. 2.1 Intertek NTA shall provide the Services to the Client and members of the Client's Group in accordance with the terms of this Agreement which is expressly incorporated into any Proposal and Service Schedule Intertek NTA has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the ProposalProposal and Service Schedule, the terms of the Proposal and Service Schedule shall take precedence.
2.3 The Services provided by Intertek NTA under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek NTA in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek NTA is obliged to deliver a Report to a third party, Intertek NTA shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of IntertekIntertek NTA, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek NTA are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and Service Schedule and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance performance, condition or condition security of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek NTA is limited to the facts and representations set out in the Reports which represent IntertekIntertek NTA’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek NTA nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek NTA does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
Samples: Contract for the Supply of Information Security Services
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (the Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
Samples: Services Agreements
The Services. 2.1 Intertek LabTest shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek LabTest has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal this Agreement shall take precedence. This Agreement takes precedence over any terms and conditions set forth in any Client purchase order or otherwise, all of which Client terms are hereby rejected. Acceptance of Services constitutes acceptance of all terms and conditions set forth in this Agreement. Neither LabTest’s commencement of performance or delivery of the services constitutes an acceptance of Client’s terms or conditions.
2.3 The Services provided by Intertek LabTest under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek LabTest in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek LabTest is obliged to deliver a Report to a third party, Intertek LabTest shall be deemed irrevocably authorised authorized to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of IntertekLabTest, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek LabTest are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek LabTest is limited to the facts and representations set out in the Reports which represent IntertekLabTest’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.
2.6 Client is responsible for acting as it sees fit on the basis its actions and use of such any Report. Neither Intertek LabTest nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken by the Client or any third party instructed or advised by the Client, on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek LabTest does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
Samples: Terms and Conditions
The Services. 2.1 2.1. Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 2.2. In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal this Agreement shall take precedence.
2.3 2.3. The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this Clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.4. Where the Client has instructed Intertek to carry out the Services on behalf of its suppliers, the Client’s suppliers acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice and Intertek shall provide a copy of the Report to the Client. The content of any Report represents Intertek’s review of facts and documents in existence at the time of performance of the Services only and within the limits of the instructions received by the Client and are for the benefit of the Client or any regulatory body, which is responsible for acting as they see fit on the basis of such Reports.
2.5. The Client and its suppliers further agree and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to
2.6. Where the Client instructs Intertek to perform a Remote Inspection, the Client and/or the Client’s suppliers agrees and warrants: (i) to provide Intertek, with complete, accurate, and the most current information and documentation to perform the Remote Inspection; (ii) to download the App, if applicable, onto the Clients or their suppliers smartphone and use the App solely for the purposes of the Remote Inspection; (iii) to allow the Inspector to direct the camera of the smartphone while using the App, to allow the Inspector to perform the Remote Inspection and (iv) the Client and/or the Client’s suppliers shall be solely responsible for ensuring sufficient internet connectivity to perform the remote inspection. If internet connectivity fails during the Remote Inspection, the Client and/or the Client’s suppliers shall make all attempts to reconnect, if reconnection is not possible a physical inspection will be scheduled.
2.7. The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefitbenefit and any government authority, where applicable.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party2.8. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports Report produced by Intertek are done so within the limits of the scope of work and instructions agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade trade, custom, usage or practice.
2.9. The Client further agrees and acknowledges that authorises Intertek to deliver a Report to a third party where so instructed by the Services are not necessarily designed Client or intended to address all matters of qualityat its discretion, safetywhere it implicitly follows from circumstances, performance trade, custom, usage or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certifiedpractice. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples products and/or other materials in existence at the time of the performance of the Services only.
2.6 2.10. Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 2.11. In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
2.12. The Client acknowledges that Intertek’s internal auditors are authorised to amend or overturn the recent inspection outcome if the Result of the Services supports this action. The Services will be conducted in a manner that does not unduly interfere with the export of the products nor jeopardize the Client’s legitimate interests.
2.13. The Client acknowledges that approved laboratories are acting as independent laboratories. In the event of conflict between the Client and an approved laboratory relating to the testing of the products, the dispute shall be resolved by the two parties, without involvement or responsibility on the part of Intertek.
Appears in 1 contract
Samples: Terms and Conditions
The Services. 2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal shall take precedence.
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Report(s)) shall be only for the Client's use and benefit.
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Client's specific instructions or, in the absence of such instructions, in accordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, inspected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations set out in the Reports which represent Intertek’s review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only.only.
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.
Appears in 1 contract
Samples: Service Agreement
