Terms & Conditions
RPS Laboratories Ltd Standard Terms and Conditions
These Terms and Conditions are supplementary, and will take priority in the event of any dispute, to the RPS Group plc General Terms and Conditions. The contract is formed between the Customer and RPS Laboratories Ltd. The 'Work' is deemed to include samples submitted for analysis or any media/supplies ordered by the Customer. 'Samples' are deemed to be any substance supplied by the Customer for the purpose of analysis.
Customer Samples
The Customer shall ensure that all samples provided to RPS Laboratories Ltd by or on behalf of the Customer are packaged safely, labelled correctly and despatched in accordance with all relevant regulations, including postal and transport regulations. RPS Laboratories Ltd will receive samples between 8.30am and 4.30 p.m., Monday to Friday. RPS Laboratories Ltd do not accept liability for any samples that are delivered outside of the hours specified. RPS Laboratories Ltd maintain the right to refuse delivery of samples. Unless otherwise specifically agreed in writing in advance by RPS Laboratories Ltd, the Customer shall ensure that all samples provided to RPS Laboratories Ltd by or on behalf of the Customer do not contain any toxic, hazardous, radioactive or unstable materials. Samples must be submitted with written instructions detailing the analysis required. Unless otherwise agreed by RPS Laboratories Ltd and the Customer in writing, unused portions of samples shall not be returned to the customer and shall not be retained by RPS Laboratories Ltd following completion of the work.
Orders
Unless specifically agreed otherwise in writing by the Customer and RPS Laboratories Ltd, the terms contained in any purchase order, oral instruction or any other form of contract document issued by the Customer to RPS Laboratories Ltd shall not apply in any way whatsoever to the performance of the work except for the purposes of specifying the Customer's contract reference number(s) and the Customer's relevant invoice and report address(es).
Worksheets are submitted to the Customer on receipt of samples. The Customer must advise RPS Laboratories Ltd in writing if they are incorrect or any amendments must be made within 48 hours of receiving this information.
Liability
RPS Laboratories Ltd shall be liable for any loss or damage suffered by the Customer only insofar as such loss or damage is attributable to negligent acts or negligent omissions of RPS Laboratories Ltd's employees or agents in the performance of the Work. The Customer shall indemnify RPS Laboratories Ltd against any claim whatsoever by a third party arising out of analytical results provided to the Customer save to the extent that any such claim arises as a result of the negligence of RPS Laboratories Ltd.
RPS Laboratories Ltd accept no responsibility for the use made of any information arising from the Work either by the Customer or by any third party who has obtained any of the said information, directly or indirectly from the Customer, except to the extent that RPS Laboratories Ltd can be shown to have been negligent in providing such information. The total aggregate liability of RPS Laboratories Ltd arising directly or indirectly from the performance of any service from RPS Laboratories Ltd shall be limited in any event to the provision of repeat analysis at RPS Laboratories Ltd's discretion.
Analysis
Analysis will be carried out using the standard working methods employed by RPS Laboratories Ltd in respect of its own samples and employing the same quality control. If there is no standard method for any particular analysis RPS Laboratories Ltd will use reasonable care and skill in undertaking this work. Work, which is subcontracted, is marked on the quotation and is subject to the Terms and Conditions provided by the sub-contract laboratory.
RPS Laboratories Ltd accept no liability for the performance of sub-contract laboratories.
Delay
RPS Laboratories Ltd will use all reasonable endeavours to keep any stated date or time for performance of its obligations but accepts no liability whatsoever for any loss or damage resulting from delay however caused.
When goods are delivered or shipped in lots or instalments or analysis is carried out on samples over a period of time the contract shall be construed as a separate contract in respect of each lot, instalment or sample.
Termination
If any technique specified by RPS Laboratories Ltd or the Customer proves to be unsuitable for the Work owing to interference from an unexpected or undisclosed constituent of the sample or for any other reason beyond the control of RPS Laboratories Ltd, this Agreement may be terminated forthwith by RPS Laboratories Ltd by written notification to the Customer. RPS Laboratories Ltd reserve the right to make reasonable charges to the customer for the tasks performed by RPS Laboratories Ltd hereunder prior to such termination.
Information
Unless specified to the contrary in the Work, all relevant information resulting from the Work shall be described in a written report which shall be sent to the customer. Unless otherwise agreed in writing by RPS Laboratories Ltd and the Customer, copies of the results of the Work shall be retained by RPS Laboratories Ltd for a period of six years next following completion of the work.
RPS Laboratories Ltd must be advised in advance if it is anticipated that the results of the Work will be used in any public enquiry, legal or other similar proceedings. In such circumstances, the performance of the Work:
-Will be subject to the approval of RPS Laboratories Ltd's legal adviser and any instructions issued by such legal adviser; and
-May be subject to additional special terms and conditions to be agreed by RPS Laboratories Ltd and the Customer.
Payment
RPS Laboratories Ltd charges for the Work shall be paid by the Customer to RPS Laboratories Ltd in Sterling. Invoices against any purchase order shall be submitted after the completion of the Work. The Customer shall pay each such invoice on receipt of invoice. Invoice terms are 30 days. Subsequent analytical results will be withheld from the Customer should invoices fail to be paid.
These terms shall not be treated as varied or waived unless expressly agreed in writing by the parties that these terms are to be varied or waived. Subject to any such agreement, these terms have precedence over any others contained in other documents or letter.
Nothing in this contract shall create any rights for any third parties under the Contracts (Rights of Third Parties) Act 1999 This contract is subject to English Law and the exclusive jurisdiction of the English courts.
Face Fit Testing Terms and Conditions
Work will not commence until the laboratory receives written acceptance by letter, e-mail, purchase order etc.
The customer must include the Quote Number on all correspondence to ensure discounts where applicable.
Any verbal quotation is deemed provisional until confirmation in writing by RPS Laboratories Ltd
RPS Laboratories Ltd reserve the right to provide RPE advisory and Fit Testing Services from RPS Laboratories Ltd's main laboratories or elsewhere and by others as reasonably necessary to complete the works.
The customer accepts that the fit testing service is provided in concordance with the current legislation and HSE documentation at that time. This includes the requirement for personnel to be tested being clean shaven and not to have smoked in the 90 minutes preceding the test.
It is the responsibility of the employer to ensure that all personnel being fit tested are medically fit enough to undergo the exercises required during the fit testing. RPS Laboratories Ltd reserves the right to refuse to fit test any person who, in their opinion, does not appear fit enough to perform the fit testing exercise.
Where advice is given free of charge by RPS Laboratories Ltd, it is given in good faith on the understanding that we have no legal liability for it.
This quotation is subject to written acceptance and is valid for 90 days.
All prices are exclusive of VAT, which will be charged at the current rate.
If a notice of cancellation is received in writing more than 5 working days prior to the test date then no penalty charges apply.
If a notice of cancellation is received in writing less than 5 working days prior to the test date then a penalty charge of 50% applies.
If a notice of cancellation is received in writing less than 48hrs prior to the test date then a penalty charge of 100% applies.
Standard RPS Terms and Conditions apply (a copy is available upon request).