
Terms & Conditions (Test Report)
條款及細則(測試報告)
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This report issued by Enviro Labs Limited (ELL) is a private and confidential document. The report shall not be reproduced in part or in full and published in any media for whatever reasons (including for the purpose of promotion and advertisement) without prior written approval from ELL. Only the original copy is valid.
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Test results issued by this report are related only to the samples sampled or tested and as received.
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Customer shall pay in full the net amount of each invoice submitted by ELL before the payment due date stated in the invoice. Amounts not paid when due shall bear interest at the rate of 2% per month, or the maximum rate permitted by law, whichever is less, from the date due until the date of payment.
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In the event customer fails to pay for services before or on payment due date stated in any invoice from ELL, then, in addition to any other rights or remedies provided by law, ELL shall have the right to suspend any further work for customer and to retain any and all of its work product not yet delivered to customer. Customer shall have no right to use the work of ELL for any purpose until the same has been paid for in full.
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Test reports are issued by ELL without responsibility or liability however arising. In no event shall ELL be liable for any incidental or consequential damages of any kind, whether or not arising out of negligence. The aggregate liability of ELL for its negligent acts and omissions and for its non-intentional breach of the agreement with customer shall not exceed the fee paid to ELL for its services, and customer agrees to indemnify ELL from all liabilities to others in excess of that amount.
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Customer shall compensate ELL for its services and expenses if ELL is required to respond to legal process related to its services for customer. Compensable services shall include hourly charges for all ELL personnel involved in the response and attorneys' fees reasonably incurred in obtaining advice concerning the response, the preparation of the testifier and appearances related to the legal process.
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ELL shall not have any liability for nonperformance caused in whole or in part by causes beyond their reasonable control. Such causes include, but are not limited to, acts of God, civil unrest and war, acts of authorities and failure of subcontractors that could not reasonably be anticipated.
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Unless modified by a written agreement signed by customer and ELL, these terms and conditions shall constitute the entire agreement between the parties as to the matters herein addressed, any prior course of dealing or trade custom notwithstanding. The agreement between ELL and customer shall be governed by Laws of Hong Kong.
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這份由 Enviro Labs Limited (ELL) 發出的報告屬於私人及機密文件。未經 ELL 事先書面批准,不得以任何理由(包括但不限於推廣或廣告用途)部分或全部複製及發佈於任何媒體。僅原始正本有效。
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本報告內之測試結果僅與所採樣或測試之樣本相關,並基於收到的樣本作測試。
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客戶須在發票上所列的付款到期日前,全額支付由 ELL 提交的每張發票款項。逾期未付的款項將按每月 2% 或法律允許的最高利率(以較低者為準)計算利息,直至款項全數支付為止。
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如客戶未能在任何由 ELL 發出的發票上所列的付款到期日或之前支付服務費,則在法律賦予的任何其他權利或補救措施之外,ELL 有權暫停為客戶提供進一步的服務,並保留尚未交付給客戶的任何工作成果。在款項未完全支付之前,客戶無權使用 ELL 的工作成果作任何用途。
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ELL 發出的測試報告不承擔任何責任或法律責任。無論是否涉及疏忽,ELL 概不對任何附帶或間接損害負責。對於 ELL 因疏忽行為、疏忽遺漏或非故意違反與客戶之協議所產生的總責任,不得超過客戶向 ELL 支付的服務費用,並且客戶同意 ELL 免受對超出該金額的所有責任進行賠償。
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如 ELL 因客戶之服務而需回應法律程序,客戶應補償 ELL 因應對該法律程序所產生的服務及費用。可收費的服務包括 ELL 相關人員參與回應的工時費用,以及為回應法律程序而合理產生的律師費、證人準備及出庭相關費用。
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若因超出 ELL 合理控制範圍的原因導致未能履行職責,ELL 概不負責。此類原因包括但不限於天災、社會動亂及戰爭、政府行為,以及無法合理預見的分包商失誤等。
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除非由客戶與 ELL 簽署的書面協議另有修改,這些條款與條件構成雙方就本文件所述事項的完整協議,不受任何先前交易習慣或行業慣例影響。ELL 與客戶之協議受香港法律管轄。