(a)The Company undertakes to provide its services with all the possible diligence, care, quality and professionalism, and in accordance with the specified instructions received from the Client and
approved by the Company. In the absence of clear instructions from the Client, the Company will have the right to provide its services as per one or each of the following manners :
(1) The local and / or Regional and / or Internationals Specifications and Standards, and / or
(2) The procedures which the Company deems appropriate depending on technical and / or operational bases and / or any other relevant conditions.
(b) The data to be stated in the Certificates of the Company should be taken from the results of the visual/physical inspection at the worksite and / or the analysis and /or tests results conducted by the Company on the samples withdrawn by it or received from the Client or his Representative, and according to the instructions of the Client.
(c) The results to be stated in the Certificate of the Company regards the samples analyzed and/or by the Company expresses the opinion of the Company about those samples only, and do not express any opinion of the Company about the consignment from which the samples have been drawn.
(d) In case the Client has asked the Company to witness and / or certify any work by a third party, the Client agrees that the sole responsibility of the Company will be just to be present when the third party performs the work intended to be witnessed and / or to certify it , and to send the results of its works and / or its certification, or to confirm the occurrence of same. The Client agrees that the Company will not be responsible for the status and / or calibration of the devices and / or the tools and / or the used measurement instruments, and / or for the analysis methods adopted by the third party, and / or for the qualifications and / or behaviors and / or default by the staff of the third party, and / or for the results of the analysis / tests.
(e) The results to be issued by the Company shows the facts reported by it at the time and place of its executing the works requested from it only, within the limits of the received instructions. In the absence of such instructions and at applying the alternative standards as per Item 2(a), the Company will not be obliged in any way to indicate or mention any facts or circumstances out of the scope of the received specified instructions or the applicable alternative standards.
(f) All the samples are to be kept by the company for a period of /3/ months latest, or for a shorter period of time, according to the nature of the sample ; after which to be returned to the Client or to be disposed of, as the Company deems appropriate. After that, the Company will not bear any responsibility for those samples. In case the Client has asked for storing the samples for a period of more than /3/ months, and storage fees have incurred thereon, the Company will have the right to claim the Client for the storage fees that should be paid by the Client. In case the Client has asked for sending the samples inside as out of the Country of the Office that has provided the service to him, the Company will have the right to claim the Client for the freight and clearance fees (if necessary), and also the Client will be claimed for the fees related to the disposal of the samples, if incurred.
(g) The Company has the right to appoint an Agent for it or a Subcontractor at any place in the world for executing the services requested from it totally or partially. The Client authorizes the Company to share with this Agent or Subcontractor all the information necessary for executing the requested services.
(h) In case the Company has received from the Client and / or a third party any documents that reflect commercial and / or banking and / or other transactions, these would be considered available to the Company just for the purpose of perusal, and would not affect more or less the field of the services or the obligations which the Company has accepted.
(i) The Client acceptance that the Company is providing the services does not make it to take his place or replace a third party, and does not exempt any of the contracting parties from their contractual obligations, and that the Company does not bear and / or partition and / or cancel and / or undertake to acquit the Client and / or any of the parties contracting with, towards each other.
(j) The Company has the right to refuse any instructions from the Client which are contradict and/or not conform with the nature of its work and /or the Company’s ethics and/or the accepted International work principles.