Terms and conditions

1. Interpretation

1.1 These terms and conditions (“Terms”) will apply to any contract between Pattinson Scientific Services Limited and the Client for the supply of any services provided by Pattinson Scientific Services where “Client” means the company, organization or individual which has placed the order for the supply of services.

1.2 These Terms will apply to the exclusion of the other terms and conditions put forward by the Client under any purchase order, confirmation of order, specification or other document, unless they are separately brought to the notice of Pattinson Scientific Services Limited and are expressly agreed to and signed by an authorized signatory of Pattinson Scientific Services Limited. Each order for services by the Client shall be deemed to be an offer by the Client to purchase services subject to these Terms.

2. Quotations and Minimum Orders

2.1 Any quotation is given on the basis that no contract will come into existence until delivery of Services to the Client. Unless otherwise stated quotations are valid for 30 days only provided Pattinson Scientific Services Limited has not previously withdrawn it.

2.2 Every order shall be subject to a minimum order value of GBP £70.00 (unless otherwise specified in the quotation or agreed by Pattinson Scientific Services Limited) for the Services exclusive of value added tax or other duties.

2.3 Work required, additional to our written quotation; will be charged at our normal rate.

3. Prices

The prices quoted by Pattinson Scientific Services Limited are the prices at the time of quotation only and the price to be paid shall, unless the contrary appears in the Contract between the parties, be the standard price ruling at the date of delivery. The price for the Services shall be exclusive of any value added tax or other duties.

4. Terms of Payment

4.1 The price will become payable upon the delivery of the Services and payment will be made by the Client in the currency specified in the quotation (pounds sterling) within 30 days of the date of Pattinson Scientific Services Limited’s invoice.

4.2 Interest at an annual rate of 5% above Bank of England Base may accrue and be calculated on a daily basis on overdue accounts from the date of invoice until payment. Notwithstanding any Contract term of other agreements allowing the Client credit, payment shall become due and payable to Pattinson Scientific Services Limited immediately upon the termination of the Contract.

4.3 Where the Client defaults under any Contract with Pattinson Scientific Services Limited in payment on the due date of any sum due to Pattinson Scientific Services Limited, Pattinson Scientific Services Limited without liability may postpone any delivery or may cancel the Contract or any other Contract between Pattinson Scientific Services Limited and the Client but without prejudice to any right or remedy which Pattinson Scientific Services Limited may have against the Client in respect of such default.

5. Delivery

Pattinson Scientific Services Limited will endeavor to deliver the Services within the time agreed, and if no time is agreed, within a reasonable time. In no circumstances will be liable for loss or damage of any kind by any delay in the delivery of the Services.

6. Liability and Indemnity

6.1 Pattinson Scientific Services Limited shall not be liable for any indirect or consequential loss suffered by the Client howsoever caused including, but not limited to loss due to delay, loss of production, loss of profits or damage to other property or goods howsoever caused.

6.2 Pattinson Scientific Services supply its services to and for the benefit of the client only and all collateral warranties are hereby excluded. Pattinson Scientific Services Limited shall not be liable to any third party who seeks to use the Services without Pattinson Scientific Services Limited express permission in writing for any loss, damage, expenses or injury of any kind whatsoever, consequential or otherwise, arising out of or due to or caused by any defects or discrepancies of any sort in the Services whether such defects or discrepancies are caused by the negligence of Pattinson Scientific Services or its employees.

6.3 The Client shall indemnify Pattinson Scientific Services Limited against any and all loss, actions, costs, claims, demands, expenses and liabilities incurred by Pattinson Scientific Services Limited by reason of any breach of these Terms by the Client.

6.4 Pattinson Scientific Services Limited shall not be liable for samples not retained after 6 months from receipt though records are maintained to substantiate their analysis.

6.5 Pattinson Scientific Services Limited shall not be liable for any errors in provision of information by the Client.

6.6 The total liability accepted by Pattinson Scientific Services Limited under any contract shall not exceed twenty times the fee charged for an individual property and in any event not more than £ 2 million in the aggregate (i.e. for all claims made by you, this limitation shall not apply in case of death or personal injury (in any event)).

6.7 Pattinson Scientific Services Limited shall be indemnified for losses arising from Statutory Rule infringement by the Client.

6.8 The Client is under a duty to mitigate their own losses.

7. Risk and Title

7.1 Any reports issued are at the risk of the Client from the time of delivery.

7.2 Ownership rights of any reports/certificates shall not pass to the Client until Pattinson Scientific Services Limited has received in full all sums due to it in respect of the Services provided.

7.3 In the event of all sums due not being paid in full the Client shall return ant Reports/Certificates to Pattinson Scientific Services.

8. Cancellation

If the Client cancels, extends or delays (or purports to cancel) the Contract or part thereof, or fails to accept delivery of Services at the time agreed or if no time is agreed within a reasonable time, then the Client will be liable (without prejudice to any other rights of Pattinson Scientific Services Limited) for and indemnify Pattinson Scientific Services Limited against any resulting loss, damage or expense incurred by Pattinson Scientific Services Limited in connection with the supply or non-supply of the Services including the cost of delivery.

9. Termination

9.1 Pattinson Scientific Services Limited may terminate this Contract forthwith by notice in writing if the Client is in breach of this Contract and, where such breach is remediable, shall have failed to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request indicating that failure to remedy the breach may result in termination of this Contract.

9.2 The Contract will terminate immediately on notice in writing if in respect of one party an order is made or a resolution is passed for its winding up, an order is made for the appointment of an administrator to manage the affairs, business and property, or if a receiver is appointed of such party’s assets or undertaking, or if circumstances arise which entitle the court or a creditor to appoint a receiver or manager or which entitle the court to make a winding-up order or it either party takes of suffers any similar or analogous action in consequence of debt.

9.3 The termination of this Contract will be without prejudice to the rights and duties of either party accrued prior to termination. The clauses in this Contract, which expressly or implicitly have effect after termination, will continue to be enforceable notwithstanding termination. The price in respect of any Services (or part thereof) supplied prior to termination shall remain payable by the Client regardless of the reason for termination.

10. Force Majeure

Pattinson Scientific Services Limited reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Services ordered by the Client (without liability to the Client) if it is prevented form or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Pattinson Scientific Services Limited, including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, currency restrictions, strikes or other labour dispute, or restraints or delays affecting shipping or carries or inability or delay in obtaining supplies of adequate or suitable materials or Products; provided that, if the event in question continues for a continuous period in excess of 90 days, the Client shall be entitled to give notice in writing to Pattinson Scientific Services Limited to terminate the Contract.

11. Data Protection

11.1 Where Pattinson Scientific Services Limited acts as a data controller in the processing of personal data in supplying the Services, it will comply with the provisions of the Date Protection Act 1998 (“DPA”). Where Pattinson Scientific Services Limited acts as a data processor, Pattinson Scientific Services Limited will take such security measures as are required to process personal data equivalent to those imposed on the Client by the Seventh Principle of the DPA. Save as otherwise required by law, Pattinson Scientific Services Limited does not process sensitive personal data in supplying the Services.

11.2 Pattinson Scientific Services Limited may use the information provided by the Client to contact the Client and appropriate persons within its organisation about Services and services offered by Pattinson Scientific Services Limited.

12. General

12.1 Pattinson Scientific Services Limited reserves the right to announce publicly that it is providing Services to the Client with the prior written agreement of the Client.

12.2 Failure by Pattinson Scientific Services Limited to enforce any of these Terms will not be constructed as a waiver of any of its rights hereunder. The Client will have no right to set off, statutory or otherwise. A person who is not a party to this Contract may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 or any amending legislation thereto.

12.3 This Contract is subject to English Law and the parties submit themselves to the exclusive jurisdiction of the English Courts.

13. Acceptance

The delivery of an Order or Order No either in writing or by any other means, from the Client or the Client’s representative will be deemed as acceptance of these conditions.