Terms and Conditions of Service
服务条款
Terms and Conditions of Service
机汉构莎(集以团下-大简中称“华客区(户以”)下提简供称服“务本。公本司条”款)根作据为以相下关所测书试的合条同(款包内括容(但以不下限简于称测“试本申条请款表”)向及有验需货求合的同(人包或 均括但需遵不守限于本验条款货的申内请容表)。等的一部分内容,除非另有书面约定,双方之间的要约、服务及衍生的契约关系
Hansecontrol Group Greater China (hereinafter referred to as “the Company”) agrees to provide its services to the person or organization (hereinafter referred to as “the Client”) in accordance with and subject to the terms and conditions herein contained (hereinafter referred to as “Terms and Conditions”). The Terms and Conditions shall be deeded as a part of the Test Agreement, (including but not limited to Test Application Form) and Inspection Agreement (including but not limited to Inspection Application Form). Unless otherwise agreed in writing, the offer, service and the derived contractual relationship between both parties shall be subject to the terms and conditions hereof.
1. 检测及验货要求 Test and Inspection Requirements
1.1 客件、户传申真请和测快试递或等验书货面时方, 确交至完本整公地司填写。如《客测试户对申测请试表》或或验《货验服货务申有请特表》别并要签求字,应盖在章向确公认,司通提过交邮《
测况试决申定请是表否》接或受《该验要货求申请。表》时书面告知本公司,公司有权审查其合理性和合法性,并根据实际情
The Client shall fill in the Test Application or Inspection Application correctly and completely, sign and seal for confirmation, and submit it to the Company by mail, fax, express or other written forms when applying for the test or inspection. The Client, who makes special requirements on the test or inspection, shall inform the Company in writing when submitting the Test Application or Inspection Application. The Company is entitled to examine the rationality and legality of the requirements and decide whether to accept them or not according to the actual situation.
1.2 客其户它需相按关照费测用试。如或有验需货要要,求客向户本还公需司提提供供完合成法测、试适或用验、货适所量需的的样任品何并特支殊付设测备试和或专验业货人所员需的。费用和
The Client shall provide legitimate, applicable and appropriate samples to the Company in accordance with the test or inspection requirements and pay the test or inspection fee and other fees. The Client also shall supply, if required, any special equipment and personnel necessary for the performance of the required services.
1.3 本双公方司xx定 客方 《发测送试电申子请版表检》测或《报验告货或申验请货表报》告中提。如出需的纸委质托版项检目测及报要告求或提验供货测报试告或,应验在货申服请务测并试按
供或验客户货的时检提前测报告告知或本验公货司报。除告应。政府部门或司法机关的要求外,本公司不会向任何无关的第三方提
The Company shall provide testing or inspection services according to the entrusted matters and requirements in the Test Application or Inspection Application and send the electronic Test Report or Inspection Report as agreed by both parties. The Client who requires a print-out of the Test Report or Inspection Report shall inform the Company in advance when applying for the test or inspection. The Company shall not provide the Test Report or Inspection Report to any unrelated third parties except at the request of government or judicial departments.
1.4
论中。客的
全采取。对何于种运样送品过送程检样方品式可,
出应对现的样xxx何行损妥坏、善遗的失防或护不和适包用装于,以检
保的样情品况,在本运公输司或概交不接负过
The samples shall be properly protected and packaged by the Client regardless of the transportation method in order to ensure the safety of the samples in the process of transportation or delivery. The Company shall not responsible for any loss and damage or untestable circumstances of the samples caused thereby.
1.5 如作客人户员需人要身本及 司产外安全出的采样危或险因现素场测。否试则/验,客货户,客需户承应担确由保此工给作公现司场造不成存的在一任切何损危失及,包或括影但响不公限司于工
本公司员工的医疗费用、工伤待遇和经济赔偿。
If the Company is required to sample on the outside or conduct on-site testing or inspection, the Client shall ensure the personal and property safety of the Company’s staffs. Otherwise, the Client shall bear all the losses and damages caused thereby, including but not limited to the medical expenses, occupational injury treatment and economic compensation.
要求。
1.6 客有户害需或提爆前炸告性 素本和公材司料与、委环托境服污务染相或关有的毒任物何质已的知风危险险,或并潜承在诺危所险委,托包的括样但品不符限合xxx家在法辐律射法、有规毒的
The Client shall inform the Company in advance of any known hazards or dangers, actual or potential, associated with any request for the provision of services by the Company, including but not limited to the presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or poisons. The Client promises that the samples shall be conform to the requirements of laws and regulations.
1.7 本坏,公或司缺收少到可客能户影提响供检的测样或品验和货有结关果资的料必后要应资及料时,进应行及检时查告,知如客发户现补样充品。有误、样品量不足、样品损
After receiving the samples and related materials provided by the Client, the Company shall inspect them without delay. If there is any error, insufficient quantity, damage or lack of necessary materials that may affect the test or inspection results, the Company shall inform the Client to supplement in time.
1.8 客第户三需方保向证本所公
交提的出样索品赔
,侵客犯户任应何赔第偿三本方公的司权的利所, 包有括经但济不损限失于。专有权, 版权和专利权。若因此
The Client guarantees that the submitted samples shall not infringe any third party’s rights, including but not limited to exclusive rights, copyrights and patents. If any third party lodges claims against the Company, the Client shall indemnify the Company for all economic losses and damages caused thereby.
1.9 样品在测试过程中因测试方法要求有可能受损或被毁坏,本公司对此不承担任何责任。
The Company shall not be liable for any damages to the samples during the test.
1.10 如留存客期户对为三测个试完月的。若样客品户留需存留没存有三特个别月要以求上,,本应公在司留将存结期合内样提品前特告性知,按本内公部司管并理承担要求留存对样期截品留止后存,的
,品有保关管费费用。否由 ,户本自公行司承无担需。再承担任何责任并有权自行销毁留存的样品。如客户要求样品退回
If the Client has no special requirements on the retention of the samples, the Company will retain the samples according to its internal management in the basis of the characteristics of the samples for
a maximum period of three (3) months. In the event that the Client requires to retain the samples over the retention period hereof, the Client shall inform the Company in advance during the retention period hereof and bear the storage fee of the samples. Otherwise, the Company shall not assume any
responsibility and have the right to destroy the samples. The Client shall bear the relevant expenses if the samples need to be returned.
1.11 如品客拥户有未一按般协和议特 定留置及权时且向有本权公司暂扣支样付品服务的检费和测其报他告费或用验,货本报公告司。对客户交付的检测或验货的样
The Company has a general and particular lien over all samples delivered to be tested or inspected and is entitled to withhold the Test Report or Inspection Report if the Client fails to pay the service fee and other fees to the Company in time as agreed in the Test Agreement or Inspection Agreement.
验货方法由本公司推荐,则本公司负责选择适用的方法并通知客户。
1.12 客所依户应据的在《方测法试。如申客请户表》指或定《测验试货或申验请货表》方中法明,则确测填试写或服验务货要方求,法包的括适但用不与限否于由测客试户或负验责货;如项测目试及或其
The Client shall expressly fill in the requirements in the Test Application or Inspection Application, including but not limited to item and method of the test and inspection to which it is based. If the Client specifies a test or inspection method, the Client shall be responsible for its suitability; if the test or inspection method is recommended by the Company, the Company shall select the applicable method and notify the Client.
1.13 客律法户规以书的面规形定式且要与求本公本司公 终商止一测致试才 终验货止服或务变,更或,变但更客测户试应 验付 要公求司已的,完该成要测求试需或符验合货相部应分法
服项务。费用,包括但不限于测试费、人工费、差旅费、试剂费等,且本公司不退还客户已支付的任何
If the Client requests the Company in writing to terminate the test or inspection, or change the test or inspection requirements, such requirements shall be in accordance with the provisions of relevant laws and regulations and shall only be terminated or changed by consensus with the Company. However, the Client shall pay the service fee for the finished part of the test, including but not limited to test fee, labor cost, travel expense, reagent fee, etc. The Company will not refund any payment.
1.14 因通无知法客预户,见对的于技此术种水情平况和本测公试司设不备承故担障任等何无违法约及责时任完。成测试项目或不能履行测试,本公司将及时
If the Company fails to complete the test project in time due to unforeseeable technical limitation and equipment failure, the Company shall notify the Client without delay. However, the Company shall not assume any liability for breach of the Terms and Conditions in such case.
1.15 本公司有权拒绝不符合法律法规,不符合本公司规范程序或不接受客观结果的检测或验货申请。
The Company is entitled to reject any test or inspection application that does not in accordance with laws and regulations, the standard procedures of the Company or the objective result.
1.16 客有特户殊在申要求请验外,货验服货务将时按需实保际持数生量产正状常况进xxx,验并货备要注求在报。如告现中场。的生产状况未达到检验要求,除客户
When applying for inspection service, the Client shall keep the production status in conformity with the inspection requirements. If the on-site production conditions do not meet the inspection requirements, unless the Client has other special requirements, the inspection shall be carried out according to the actual quantity and noted in the report.
2. 检测报告及验货报告 Test Report and Inspection Report
2.1 本表公任司何检意测见报。告或验货报告上的数据结果只对送检的样品负责,并不对抽取该样品的同批产品发
The result on the Test Report or Inspection Report issued by the Company is only responsible for the sample submitted for testing, but shall not deeded as any opinions on the same batch of products.
2.2 本内公。本司公出司具无的义结务果提报及告或只报反告映特在定工要作求当范时围所外记的录任的何事事实实,或而情且况限于。所收到的检测或验货要求范围
The Test Report issued by the Company only reflects the facts recorded at the time of testing and is limited to the scope of test or inspection requirements received from the Client. The Company is under no obligation to mention or report any fact or circumstance beyond the scope of the specific requirements.
2.3 本之日公起司服十务五完日成内后向,本如公客司户书对面检提测出及,验并附货上结报果告和原/或件报。告逾有期任未何提异出议异,议应的于,检则测视报为告同或意验该货检报测告及完验成
货情结况 付和相/或应报的告复。提检出费复用检。如要客求户时要,本求公检司测仅新对样原品样和品/或按提照出原新测的试测方试法xxx行,复则检视,为客新户的应委根托据申复请检。
After the completion of the services, if the Client has any objection to the test and inspection results and/or test and inspection report, he/she shall submit a written proposal and attach the original report to the Company within fifteen (15) days after the date of completion of the Test Report or Inspection Report. If no objection is raised within the term hereof, it shall be deemed that the Client agrees with the test and inspection results and/or test and inspection report. When the Client requests retest, the Company shall only retest the original sample according to the original test method, and the Client shall
pay the corresponding retest fee. In the event that the Client requests the testing of new samples and/or proposes a new test method, it shall be regarded as a new test application.
可重复测试的项目;(8)其他认为不可复检的情况。
2.4 如用发完生;(以4)下原情样况品,剩本余公太司少不不受足理以复复检检:(;(1)5)原原样样品品已超被过客保户存取期回限;(已2)销原毁样;(品6)无原法样保品存发;(生3)变原质样;(品7)已不
In the event that any of the following circumstances occur, the Company will not accept retest: a) the original sample has been returned to the Client; b) the original samples cannot be preserved; c) the original sample has been used up; d) the surplus of the original sample is not enough to be retested; e) the original sample has been destroyed beyond the preservation period; f) deterioration of the original sample; g) non-repeatable test items; h) other cases that are considered untestable.
的检测或验货结果概不负责。
2.5 本应对公资司依料、据文客件户及或样其品代的理真人实提性供负的责资。料本、公样司品或等分进包行方检对测因或客验户货提并供编了制错检误测或报虚告假或性验的货信报息告而,导客致户
The Company shall conduct tests or inspection and prepare Test Report or Inspection Report according to the materials and samples provided by the Client or its agent. The Client shall be responsible for the authenticity of the materials, documents and samples and the Company or its subcontractor shall not be liable for the false test or inspection results caused by the incorrect or false information provided by the Client.
2.6 客验户货应报对告其采根取据的行检
,报本告公或司验及货关报联告公所司采或取分的包其商认都为不合为适此的对行客为户负或责任,
任第何三
该担检责测任报。告或
The Client shall be responsible for any actions that it may deem appropriate pursuant to the Test Report or Inspection Report, and the Company and its affiliates or subcontractors shall not be liable to the Client or any third party for any actions taken pursuant to the Test Report or Inspection Report.
陷要求赔偿的权利。
2.7 本也公不司会所影响出具客的户验要求货卖报
不/供会应免商除对卖在方本/公供司应的商随对机所交检付验过的程货中物未应发承担现的任量何/明数显量和的/合或隐同责藏的任,缺
Inspection Report issued by the Company does not relieve seller(s) / supplier(s) from their contractual responsibility with regards to the quality/quantity of this delivery nor does it prejudice the Client’s right to claim towards seller(s) / supplier(s) for compensation for any apparent and/or hidden defects not detected during the Company’s random inspection or testing.
3. 费用 Charges
工作量,本公司将以时间和耗材为基础收取额外完成的工作所需的费用。
3.1 客同/户验需货按合约同定的向约本定公就司本支公付司提所供提服供务的所服需务的应任予何支服付务的费总。费本用条。款如中客的户服的务委费托是事指项客严户重依超据过测约试定合的
The Client shall pay to the Company any service fee required for the provision of the services as agreed. The service fee herein shall mean the total fees payable by the Client for the services provided by the Company as stipulated in the Test Agreement or Inspection Agreement. If the Client’s entrusted matter seriously exceed the agreed workload, the Company will charge additional fees on the basis of time and supplies.
率和方式支付所有税费。
3.2 本增公值司税、特货此物声和明服,务所收税、取预的扣服税务等费。不客包户括同任意,何一税旦费本,包公括司但出不具限有xxx发家票,和客地户方应的按销照售法税律、使规用定税的或费
The Company hereby declares that the service fee charged are exclusive of any taxes, including but not limited to national and local sales tax, use tax or value-added tax, goods and services tax, withholding tax, etc. The Client agrees that once the Company issues a valid invoice, the Client shall pay all taxes at the rate and in the manner prescribed by laws and regulations.
3.3 客户同意承担与受测样品相关的所有运费或海关清关费用。
The Client agrees to bear any freight or customs clearance fees relating to any testing samples.
3.4 本除公非司另应有就合服同 其费他和书其面它费文用件(的如约有定)向。客客户户无开权具因发与票本。公客司户存应在任收何到争发议票、之投日诉起或七抵天扣内而支拖付延费或用拒,
绝每支延
全一 ,或本部公分司费有用权。如要求客户客未户按支照付测应试付合费
千/验分货之合五同的约违定约的金期,限并内有支权付中服止务服费务和拒他绝费出用具,检
测报告/验货报告。
The Company shall invoice the Client for service fee and other fees (if any). The Client shall pay all fees within seven (7) days from the date of receipt of the invoice, unless otherwise agreed in the Agreement or other written documents. The Client shall not delay or refuse to pay all or part of service fees due to any dispute, complaint or deduction with the Company. If the Client fails to pay the service fee and other fees within the term agreed in the Test Agreement or Inspection Agreement, the Company is entitled to require the Client to pay a penalty of 5% of the payable fees for each day delayed, suspend services and refuse to issue Test Report or Inspection Report.
3.5 客收户取因一自定身的原服 需费用取消。如验验货货服员务已时到,如达目本的公司地,的本验公货司员将已收经取开全始额行服程务但费尚用未。到达目的地,本公司将
In the event that the Client cancel the inspection service due to his/her own reason, the Company will charge a certain service fee if the inspector of the Company is already on the road but has not yet arrived at the destination. A full service fee will be charged if the inspector arrives at the destination.
4. 知识产权 Intellectual Property
4.1 客先征户(得或本其公关司联的公书司面或同附意属。否公则司,)本以公任司何
由权使单方用解本公除司本条的款名及称检或测本合公司同商/验标货或合品同牌,要的求名客称户必立须即事
停止使用并向公众或有关第三方澄清。如因此给本公司造成任何损失的,客户应予以赔偿。
Any use by the Client (or the Client’s affiliated companies or subsidiaries) of the name, trademarks or brand names of the Company for any reason must be prior approved in writing by the Company.
Otherwise, the Company is entitled to unilaterally terminate the Terms and Conditions, Test Agreement or Inspection Agreement, require the Client to stop using them and clarify to the public or relevant third party immediately. The Client shall indemnify the Company for any losses and damages caused thereby.
4.2 本但不公限司在于版提权供)服均务归过本xxx司产所生有的。检未测经报本告公、司验事货先报书告面、同调意查,报客告户或仅其能他在材正料常的商所业有活知动识所产需权的(范包围括
使方用式此使类用材可料能或获 摘到的录的与内本容公司。客业户务进有一关步的承任诺何,信其息雇员。和代理商有保密义务,不得披露或以其
All intellectual property, including but not limited to copyright, in any test reports, inspection reports, surveys or other material produced by the Company in the course of providing its services shall belong to the Company. Without the Company’s prior written consent, the Client may use any such material or extracts thereof only within the scope of normal business activities. The Client further undertakes that its employees and agents shall keep confidential and shall not disclose or otherwise use any information that may be obtained in connection with the business of the Company.
5. 保密事项 Confidentiality
5.1 未经一方书面同意,另一方及其工作人员不得向任何第三方披露对方的商业秘密。
Without written consent of one party, the other party and its staffs shall not disclose the trade secrets of the party to any third party.
5.2 本条款中的“商业秘密”是指:
(信1)息不,包为括公但众不知限悉于或:获产取品到技的术,、能生为产一工方艺带等来。经济利益,具有实用性并经一方采取保密措施的技术
(2)一方在服务过程中向对方提供的资料及双方的合作范围、内容、模式和费用等信息。
(3)一方以书面或其他形式确定为商业秘密的资料和信息。
“Trade secret” herein refers to:
(a) Technical information, which is not known of or available to the public, and brings economic benefits to one party, that is of practical value, and that has been kept in confidentiality by one party, including but not limited to: product technology, production process, etc.
(b) The information provided by one party to the other party during the service period, including materials and the scope, content, mode and cost of cooperation between the two parties.
(c) Materials and information that have been designated by one party as trade secrets in writing or in other forms.
商业秘密。
5.3 除政府非一机方关/通司过法书部面门形的式要明求确向本其条告款知所或涉公及开的,则某另项一商方业应秘从密本无条需款保生密效或之该日商起业,秘无密限已期公保之守于对众方或之应
Unless either party expressly declares otherwise in writing that the trade secret involved herein is not required to be kept confidential, or that such trade secret has been become known to the public, or is notified/disclosed upon the request of government or judicial department, the other party shall keep the trade secrets of the party confidential from the effective date of the Terms and Conditions onwards.
6. 保险政策 Insurance Policies
6.1 双产xxx险须。负责自费购买各自所需的商业保险,包括但不限于职业责任险、雇主责任险、运输险和财
Each party shall be responsible for purchasing at its own expense the necessary commercial insurance, including but not limited to professional indemnity, employer’s liability, transportation insurance and property insurance.
6.2 本公司明确声明拒绝以保险人或担保人的身份向客户或第三方承担任何责任。
The Company expressly disclaims any liability to the Client or any third parties as an insurer or guarantor.
7. 违约责任 Liabilities for Breach of the Terms and Conditions
7.1 如但因不非限本于由公司于的客责户原任因造 x致公本司公无司 履能行按或约完定 成委委托托事事项的项,或本相公关司法不律承法担规任及何标责准任发,生该变情更况包。括
If the Company fails to perform or complete the entrusted matters due to non-liability of the Company, including but not limited to the failure to complete the entrusted matters as agreed due to the Client’s responsibility or the change of relevant laws, regulations and standards, the Company shall not assume any responsibility.
7.2 因客户违反本条款、测试合同或验货合同给本公司及公司人员造成损害的,客户应承担赔偿责任。
If the Client breaches the Terms and Conditions hereof, Test Agreement or Inspection Agreement, and thus causes damages to the Company and its staffs, the Client shall be liable for compensation.
7.3 如失,因本本公公司司将的予原以因赔违偿反。测关试于合损同失、验损货害合或同任和何/类或型未的行索使赔应,有索的赔谨xx额义在务任给何客情户况造下成均直不接得经超济过损客户
损合同失约和定/或应未付来的业服务务的费损用失。和本/公或司生对产客损户失因。此所造成的任何间接损失不予赔偿,包括但不限于利
If the Company breaches the Test Agreement, Inspection Agreement and/or fails to exercise due diligence, the Company shall compensate direct economic losses and damages to the Client. In respect of loss, damage or claim of any kind, the compensation shall in no circumstances exceed all service fees payable by the Client as agreed in the Test Agreement. The Company shall not indemnify the Client for any indirect losses and damages caused thereby, including but not limited to loss of profit and/or loss of future business and/or loss of production.
8. 本条款的解除 Termination of the Terms and Conditions
8.1 本解条除款本于条提款供的 务形的除起外始。日开始生效,有效期至服务履行完毕时为止,但依据本条款第 8.2 条提前
The Terms and Conditions shall commence upon the first day on which the services are commenced and shall continue, unless terminated earlier in accordance with Clause 8.2 hereof, until the services have been provided.
8.2 若出现任何以下情形,本条款可提前解除:
(a) 若一方实质性违反本条款项下的任何约定,另一方有权以书面形式通知对方解除本条款;
(则b)本若公客司户有逾权期书未面按通照知发客票户金解额除或本合条同款约;定付清款项且经催告后仍未在本公司要求的期限内付款,
入清算程序(以恢复偿债能力为目的的合并或重组程序除外)、或该方的任何财产或资产被担保
(c) 若任何一方与其债权人进行债务重组、或受破产保护令所规限、或(个人或公司)破产、或(公司)物权人接管或被指定一名接管人、或该方停业或可能停业,另一方可书面通知该方解除本条款。
(d) 双方一致协商决定解除本条款。
The Terms and Conditions may be terminated in advance:
(a) If either party materially breaches any term and condition hereof, the other party is entitled to notify the party in writing to terminate the Terms and Conditions.
(b) If the Client fails to pay in accordance with the invoice amount or the Test Agreement by its due date and fails to make payment within the period required by the Company after a further request for payment, the Company is entitled to notify the Client in writing to terminate the Terms and Conditions.
(c) In the event that either party makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a the Company) goes into liquidation (otherwise than for the purposes of a solvent amalgamation or reconstruction) or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the party
or the party ceases, or threatens to cease, to carry on business, the other party may terminate the Terms and Conditions by giving written notice to such party.
(d) Both parties agree to terminate the Terms and Conditions by mutual consent.
8.3 本已条产款生的所除有 终务止费不用影。响双方应尽义务的履行,包括但不限于付清截止本条款解除或终止之日
Any termination or expiration of these Terms and Conditions shall not affect the performance of the obligations of both parties, including but not limited to the payment of all service fees incurred as of the date of termination or or expiration hereof.
9. 不可抗力 Force Majeure
9.1 如抗因力任因xxx而 x致 司务控的延制迟范履围的行或原不因,履包行括而但造不成限的于任战何争损、失政或府损限害制、,本机公器司故概障、不火负灾责或。如事果故发等生不此可
类事件,本公司可以取消或暂停本条款及测试合同/验货合同而无需承担任何责任。
The Company shall not in any event be liable for any loss or damage caused by delay in performance or non-performance of any of its services because of Force Majeure, including but not limited to war, governmental restriction, breakdown of machinery, fire or accident. Should any such event occur, the Company may cancel or suspend the Terms and Conditions, Test Agreement or Inspection Agreement without assuming any liability whatsoever.
10. 分包 Sub-Contracting
10.1 在务必并要向的客 提况下供,服本务公,司本可公委司托将其向一关家联 多司家或关分联包 司提及供服/或务分所包需人的履必行要本信公息司。在本条款项下的义
The Company may delegate the performance of its obligations hereunder and the provision of the Services to one or more of its affiliates and/ or sub-contractors when necessary. The Company will provide necessary information required for the services to its affiliates or subcontractors.
11. 弃权 Waivers
不应视为该方放弃追究另一方任何其后再次违约行为的责任。
11.1 任放何弃一该方权未利,能亦坚不持构严成格本履条行款本项条下款之任义何务约的定减或少未。能任行何使一其方享放有弃的追任究何另权一利方或任救何济违,约不行应为视的为责该任方, Failure of any party to insist upon strict performance of any provision hereof, or to exercise any right
or remedy to which it is entitled, shall not constitute a waiver and shall not cause a diminution of the obligations established by these Terms and Conditions. A waiver of any breach shall not constitute a waiver of any subsequent breach.
11.2 对有本效条。款项下的任何权利或救济的放弃必须由弃权方明确说明并以书面形式传达给另一方之后才
No waiver of any right or remedy hereunder shall be effective unless it is expressly stated to be a waiver and communicated to the other party in writing.
12. 适用法律与争议解决 Governing Law and Dispute Resolution
12.1 本条款适用于中华人民共和国法律。
These Terms and Conditions shall apply to the laws of the People’s Republic of China.
的费用,包括并不限于律师x、差旅费、仲裁x、鉴定费等都应由败诉方承担。
12.2 如决,因该本争条议款、或冲与突本或条索款赔有应关提的交内至容深产圳生国争际议仲、裁冲委突员或会索进赔行,仲双裁方解应决当进。所行有友争好议协、商冲;突如或协索商赔无所法产解生
Any dispute, controversy or claim arising from or in connection with these Terms and Conditions hereof shall be resolved through friendly negotiations between the Company and the Client. If no settlement can be reached through negotiation, the dispute, controversy or claim shall be submitted to the Shenzhen Court of International Arbitration for arbitration. All costs incurred in connection with any dispute, controversy or claim shall be borne by the losing party, including but not limited to attorney fees, travel expenses, arbitration fees and appraisal fees.
13. 其他 Miscellaneous
13.1 本条款作为本公司与客户签订的测试合同、测试申请表、验货合同或验货申请表的附件。
These Terms and Conditions are attached to the Test Agreement, Test Application, Inspection Agreement or Inspection Application signed by the Company and the Client.
13.2 本为条均款不仅得可视由为法本定公司代 受人代任表何本其公他司条以款书。面形式进行修改,本公司或其雇员、代理商的任何其他行
These Terms and Conditions may only be modified by a variation expressed in writing and signed on behalf of the Company by a legal representative and no other action on the part of the Company or its employees or agents shall be construed as an acceptance of any other terms and conditions.
13.3 本条款由中文和英文两种语言书写,如中文和英文存在差异,以中文为准,英文只作为参考。
These Terms and Conditions are written in both Chinese and English. In case of any discrepancy between Chinese and English, the Chinese one shall prevail and the English one is for reference only.
13.4 客系户经特双此方声充
协:签商署及测谈试判合后同达及成验,货因合此同每
,条已款充均分是理反解映本双条方款真项实下合每意项的条协款议的条内款容。,每一条款皆