GENERAL SALES CONDITIONS

GENERAL SALES CONDITIONS

1. GENERAL PROVISIONS
Unless otherwise expressly agreed in writing, TEC Eurolab s.r.l., with registered office in Viale Europa, 40 – 41011 Campogalliano (MO) and VAT No. 02452540368 (hereinafter “the Company”), undertakes to provide services in accordance with these general conditions (hereinafter “General Conditions”). All quotes or tenders for the provision of services are therefore based on these General Conditions. All contracts, agreements or other consequent arrangements shall be governed, in every respect, by these General Conditions, with the sole exception of cases in which the laws in force in the place where said arrangements or agreements are entered into preclude the application of any of said General Conditions. In this case, the local law in question shall prevail, but only insofar as it conflicts with these General Conditions. No changes to these General Conditions, set down in any Client document, shall be deemed valid unless expressly accepted in writing by the Company. The services are specified in detail in the technical-commercial proposal and in the Acceptance Form, together with the corresponding price list of, execution times and terms and methods of payment. The Company operates in the field of testing and inspection. As such:
1.1 it provides these standard services in accordance with the General Conditions art. 3;
1.2 it provides special and technical support services agreed by the Company and in accordance with the General Conditions art.10;
1.3 it issues reports and/or certificates in accordance with the General Conditions art. 6.

2. DEFINITIONS
The terms used in these General Conditions shall have the meanings set out below:
a) “TEC Eurolab S.r.l.”, hereinafter the “Company”: the entity that issues the technical-commercial proposal / contract of sale. The Company undertakes laboratory testing, non-destructive testing, dimensional testing, inspections, skills transfer and certification on its own premises and/or in the field. Some of the activities carried out by TEC Eurolab have been accredited, recognised or approved by the bodies authorised to issue these endorsements. A list of these activities is available in the “Accreditation” section of the company website: www.tec-eurolab.com.
b)“Client” means the entity to which the commercial-technical proposal / contract of sale is addressed or the end-user, where different.
c)“Technical-commercial proposal”, hereinafter “price proposal” means the document summarising the services offered by the Company to the Client.
d) “Sample” means any item forming the object of a price proposal / contract of sale.
e) “Service” means any work or service forming the object of a price proposal.

3. SERVICES PROVIDED BY THE COMPANY
The Company shall provide the services in accordance with the following:
3.1 specific instructions of the Client as confirmed by the Company;
3.2 terms of the Company’s standard Order Form and/or standard Specification, if used;
3.3 compliance with the conditions and principles laid down in the applicable national and international reference standards, as established in harmonised standard UNI CEI EN ISO/IEC 17025:2018 “General requirements for the competence of testing and calibration laboratories”, for services provided by the Test Laboratory, and by harmonised standards UNI CEI EN ISO/IEC 17024:2012 “General requirements for bodies operating certification of persons” and UNI CEI EN ISO/IEC 17065:2012 “Requirements for bodies certifying products, processes and services”, for services provided by the Certification Body;
3.4 compliance with the latest update of the Guidelines, and the common practices and conventions applicable to the sector concerned.

 4. CLIENT’S OBLIGATIONS AND RESPONSIBILITIES
The Company acts on behalf of persons or bodies from which it receives instructions to proceed (hereinafter “the Client”). No other party shall be authorised to give instructions, in particular with regard to the object of the inspection or the issuance of the report or certificate, without prior authorisation from the Client and by agreement with the Company. The Company shall nonetheless be deemed irrevocably authorised to deliver, at its own discretion, the report or certificate to third parties where such parties have been promised them by virtue of instructions given by the Client in writing or in the case of specific legal provisions. The Client must:
4.1 ensure that the Company receives sufficient instructions and information in good time to allow the requested services to be provided efficiently;
4.2 notify the Company in a timely manner of any changes with respect to the price proposal, for example in the number of samples to be sent and/or the nature thereof;
4.3 provide the Company’s representatives with all necessary access to allow the requested services to be provided efficiently;
4.4 make available, upon request, any special equipment or personnel that may be necessary to carry out the requested services;
4.5 ensure that, during the course of provision of the services, all necessary safety and security measures are adopted in relation to the work conditions, sites and installations, for which the Client shall bear sole and exclusive responsibility vis-a-vis both the Company and any third parties. In the event of activities carried out on the Client’s premises, the Client undertakes to ask the Company for all the necessary documentation for the purpose of carrying out said activities in accordance with the applicable occupational health and safety legislation no later than five working days before the start of the activities concerned. It is also the Client’s obligation to inform the Company, by means of a suitable Integrated Interference Risk Assessment Document (“DUVRI”), of the risks present in the workplace and any emergency plans, together with the names of the first responders and fire emergency personnel present in the place where the work is to be carried out. Any risks deriving from activities to be carried out at height and/or in confined spaces or in places suspected of contamination must be reported to the Company in writing at the time of signature of the General Conditions and following each price proposal accepted by the Company and Client. The Company reserves the right to carry out an inspection of the work site indicated by the Client, the cost of which shall be borne by the Client.
4.6 take all necessary action to eliminate or remedy any obstacle or interruption to the performance of the requested services;
4.7 inform the Company, in advance, of any risk or danger, whether actual or potential, relating to any order, sample or test, including, for example, the presence or risk of radiation; toxic, harmful or explosive elements or materials; environmental contamination or pollution (as required by art. 5 below);
The contract shall be deemed to have been made when the Client informs the Company of its acceptance of the price proposal by signing the technical-commercial proposal and the acceptance form.

5. COMPLETE INFORMATION AND DISPATCH OF HAZARDOUS MATERIALS
All requests and orders relating to the provision of services must be accompanied by sufficient information, specifications, and instructions to enable the Company to assess and/or provide the requested services.The dispatch of materials deemed hazardous under Regulation (EC) 1272/2008 (CLP) and Italian legislative decree 81/2008 Title IX, must be communicated to Company personnel before the samples themselves are sent.
In the cases foreseen, they must be accompanied by the relevant safety data sheet.In the event of receipt of materials deemed hazardous under Regulation (EC) 1272/2008 (CLP) and Italian legislative decree 81/2008 Title IX without prior notice, the Company reserves the right to withdraw from the contract and, therefore, not proceed with the work, and to charge the Client the shipping costs and the additional costs of managing and returning the materials deemed hazardous.

6. FINAL TEST REPORT AND REPORT IN ENGLISH
Price proposals are inclusive of the drawing up of a final test report, in Italian. Translation into English, where required, will be quoted at an hourly rate and on the basis of the contents of the report concerned.

If a test report that has already been issued is changed, the test report will be reissued with the same numbering and updated revision index, or a new test report may be issued with different identification. In either case, the new document will indicate the cancellation and replacement of the original test report to which it refers, and the updated information will be clearly identified therein. Revisions of test reports requested by the Customer and not originating from errors or deficiencies of the TEC Eurolab Laboratory may result in an additional cost to the Customer.

Under no circumstances, in accordance with EA Resolution 2014 (33) 31, may TEC Eurolab Laboratory proceed to modify – at the Customer’s request – already issued test reports, for insertion or variation of identification data of the product being tested (coding, lot, serial number, drawing number, model, etc.) provided by the Customer after the test report has been issued, although such data remain the responsibility of the Customer and the reference to the original test report is maintained.

TEC Eurolab Laboratory is also not allowed to issue separate test reports, for the separation of compliant and non-compliant results, where the samples subjected to testing are referable to the same production lot.

7. BILLING MODE
At the end of each month all services concluded in the current month will be invoiced. In case the activity campaign is extended for several months, the Company provides for the invoicing of partial down payments of the activity communicated from month to month, with balances at the end of the work.

8. DECLARATION OF CONFORMITY
If requested by the Client, the Company can provide a declaration of conformity. The standard criterion used for this declaration is the “shared risk” criterion in accordance with ILAC-G8.

9. MEASUREMENT UNCERTAINTY
If explicitly requested by the Customer, the Company can express a conformity judgment on the results of the tests performed by its Laboratory. The criterion that describes how measurement uncertainty is taken into account when declaring compliance with a specified requirement is called “decision rule”. If the decision rule is not expressly dictated by the Customer or explicitly defined by the technical standard, regulation or legislation in force, the TEC Eurolab Laboratory generally adopts the “simple acceptance” decision rule, with a maximum probability of 50% PFA (so-called “shared risk “), as per the ILAC-G8 Guideline.In cases where, having considered an extended measurement uncertainty calculated with a coverage probability of approximately 95%, the conformity of the result is not unequivocal, the Laboratory will assess the conformity through direct comparison of the measured result with the reference value, without taking into account the contribution of uncertainty. In particular, conformity is declared in all cases where this result does not exceed the limit of the specified range of acceptability.

10. USE OF TRADEMARKS AND LOGOS
The Client undertakes not to make use of the logos and trademarks appearing in documentation received from the Company: these trademarks may not be used in documentation relating to a product or marked on any product.  The use or reproduction, whether in whole or in part, of the logos of Accreditation or Certification Bodies, or any of the Company’s logos appearing in documentation issued to the Client by the Company is therefore prohibited. The Client is entitled to submit and/or attach the final test report.

11. VIEWS AND OPINIONS
The content of the test report or accompanying report refers only to the sample tested and cannot, in any circumstances, be extended to other samples or batches from which the samples concerned were taken. Should an opinion be required with regard to a total volume, agreements must be reached with the Company in advance for the inspection and sampling of the volume concerned.
Sampling activities and the issuance of views and opinions are not covered by Accreditation.

12. SUBCONTRACTING
The Company may delegate the execution of all or part of the services undertaken on behalf of the Client to agents or subcontractors, if authorised to do so in writing by the Client. Outsourced activities are shown in the technical-commercial proposal and are subcontracted to qualified external providers, who are monitored in accordance with the applicable management procedures established in the Laboratory’s Quality Management System. The company remains responsible for the results provided to the Client in relation to subcontracted tests or test phases.

13. STORAGE OF SAMPLES AND FILING OF DOCUMENTATION
The Company has a duty to ensure that the sample is correctly stored in accordance with its own internal procedures, and to adhere to any information and guidelines received from the Company. In the absence of any express instructions to the contrary in the delivery note and/or the Client’s documents, the tested sample will not be returned to the Client. Conversely, should the Client wish to have back the sample and material delivered to the Company, this must be made clear in the relevant part of the delivery note. After laboratory-testing, samples (test pieces) of which the Client has not requested the return, will be kept in the Company’s archives for a period of twelve (12) months from the date of issue of the test report. Once this period of twelve (12) months has elapsed, the Company shall be entitled to consider the samples as waste and arrange for their disposal accordingly. Processing scrap will be kept for four (4) weeks from the date of testing, and then disposed of, unless any instruction to the contrary is received from the Client. Records relating to tests, inspections and non-destructive testing, and to qualifications of welders and personnel operating in the field of non-destructive testing will be retained for a period of ten (10) years from the time of their approval and issuance to the Client. For each test activity, by filling in specific data transmission forms or printing reports from machine software, as applicable, TEC Eurolab keeps records of the information sufficient to facilitate identification of the factors affecting the test results and, in any case, necessary to allow repetition of the test activity in conditions as close as possible to the original ones. The aforementioned records relating to tests, inspections and non-destructive checks, as well as records of the Laboratory’s technical staff qualifications, are retained for a period of ten years (10). Any numerical data log (machine data file), if any, are extracted and provided to the Customer if expressly requested in the order; in these cases the Laboratory ensures the same traceability and conservation requirements as for the above records. If the work process requested of the Company involves samples and/or end-of-process scrap that is not to be disposed of, because the Client has requested its return, said material shall be kept free of charge on the Company’s premises for 30 (thirty) days after completion of processing. Once this period has elapsed, if said material has not yet been collected by the Client and/or authorisation for it to be scrapped has not been received, the Company will charge the Client a storage fee of 100 (one hundred) €/month for the 3 (three) subsequent months. Once the 3 (three) subsequent months have elapsed, any uncollected samples will be scrapped. In all cases, the management costs of disposal and destructioning, if carried out by TEC Eurolab, will be charged to the Customer.In any event, the Company invites the Client to arrange for collection at its own expense. Information can be requested and agreements reached by contacting the Company at the email address accettazione@tec-eurolab.com

13. 1 DEFINITION OF SAMPLE, SPECIMEN AND WASTE