BACL Great China Standard Terms and Conditions of Services (2021 Version)
★ Explain
1.1 The "Lead Time" promised in this quotation means the lead time for initial testing. And it is based on the effective cooperation of the person or body who requests services (called as the "Principal" hereinafter) and the fulfillment of all the following items. Otherwise, Bay Area Compliance Lab., Corp. (called as "the BACL" hereinafter) is not subject to the restriction of "Lead Time".
The "Lead Time" would be counted after our lab receiving your samples, relevant information and down payment. The time will be put off if there was fail exit. The "Lead Time" is counted by working day.
1.2 The "Testing and Test" would be include Testing, Certification, Calibration, Inspection. Testing Location include BACL Lab. principal on-site authorized test lab, subcontracting part(s) of the testing to other recognized laboratories, principal testing location.
1.3 The "Sample" would be include testing object , calibration object.
1.4 The above charges do not include any fee for retesting and modification.
1.5 This quotation is based on submitted information from the Principal. The Company reserves the right to adjust the charge and schedule if further testing is found to be necessary on receipt of full samples and documents.
1.6 The Company reserves the right of subcontracting part(s) of the testing to other recognized laboratories,at the same time, BACL reserves the right to adjust charge and schedules due to subcontracting.
1.7 If apply for model revision, alternative component or co-license, basing on the previous certificate or report, the standard number and standard version are the same of the ones on the previous certificate or report. Ifrequired update the standard of report and certificate, BACL reserves the right to adjust charge and schedules.
1.8 If other BACL office has also quoted for this project, the highest prices of quotation among BACL offices will be the final charge of this quotation.
1.9 The Great China means China, Taiwan, Hong Kong,Vietnam and Korea, include of all BACL branches, offices and laboratories.
★ Declaration
2.1 Test results express the opinion on the presented samples only, but do not express any opinion upon the bulk from which the samples were drawn.
2.2 Test result contains the test items which the applicants applied for and the relevant test results. If the applicant want to inform BACL about the error or omit maybe exist in test report, you must put forward by written format and describe your requirements and the question needed explanation in 15 workdays after you received the test report. If the applicant does not put forward query in the provision deadline, that means you have already confirmed the accuracy and completeness of the test report issued by BACL.
2.3 If the test report issued by BACL will be used for litigation or arbitration, the applicant must submit written notification at the same time submission of the application form.
2.4 If the test result has error and confirmed the error caused by BACL or its agent, BACL only limit to undertake the interest-free expenses of client application test, and not to be responsible to compensate for the loss or damage of the applicant or third party due to the test report error.
2.5 The sample may be broken during the testing; BACL does not assume any responsibility for the damage. The sample maximum retention time is 30days after test report issued or got the certificate. If overdue, we will scrap the test sample automatically. If you need the entire test sample to be returned, please inform us in advance by contract and follow the principle of sample return strictly. If the Express Company has caused damage to the sample, BACL can assist the client to Claim to Express Company, but BACL shall bear no compensation liabilities.
2.6 In no event will BACL be liable for any special, incidental, consequential, indirect or similar damages, including loss of profits, lost savings, loss of data, or any other damages arising out of the use of or the inability to use these services, even if BACL or an authorized BACL representative has been advised of the possibility of such damage. In no event shall BACL’s liability for any damages regardless of the form of the claim.
2.7 Any information, samples or other related documents (including without limitation certificates and reports) provided by the Client to BACL will not, in any circumstances, infringe any legal rights (including Intellectual Property Rights) of any third party.
2.8 The client shall notify the BACL in advance in writing of actual or potential hazards or dangers related to the sample, including but not limited to radiation, toxic and harmful, flammable and explosive components, materials or components. All losses (including but not limited to investigation fee, medical fee, litigation fee, lawyer's fee, etc.) due to the failure of the principal to perform the above notification obligation are compensated by the principal. When necessary, the client shall provide the necessary technical information and other necessary information.
★ Special Clarity for Tax and other Fees
3.1 6% tax fee is required for RMB payment.
3.2 If there is the first time for the applicant to apply grant code under FCC ID, Surcharge for Grantee Code is required (Only for EMC Service.)
3.3 For FCC ID case, if the clients choose confidential service, extra fee will be charged for every case. (Only for EMC Service.)
3.4 If there is the first time for the applicant to apply the RPC code under FCC Part 68, Surcharge for RPC is required. (Only for EMC Service.)
3.5 For USA NRTL and Canada SCC Safety Certification case, company ID fee 1000USD /each year , and required factory inspection fee 500USD/time.
3.6 If report and sample’s postage cost is incurred, that is for account of clients.
3.7 If the client request to revise report, Extra pay for modification is required, RMB500 for every report in each time.
3.8 In order to protect the environment, all the test report will be electronic format. And there is a minimum charge of RMB200 for every paper report per client’s request。
★ SAMPLE AND DOCUMENTS
You are supposed to provide the samples and documents by fax and / or email as listed below, all the documents should be in English.
4.1 The Principal should submit the clear and integrated application form with signature and company chop (the format of application form will be provided by BACL).
4.2 The principal should submit the sample(s) as required on the first page of this quotation before testing.
4.3 Necessary testing samples. Please indicate the model No. on a sample delivery notice, and paste it onto the package of the testing samples.
4.4 The principal should submit the necessary technical documents in time according to the check list provided by our assistant after formal application, documents and samples should include this but not limited to.
★ PAYMENT
5.1 Please be advised that the down payment is non-refundable, if the project is terminated due to the clients, the test and report fee must be charged as it occurred.
5.2 The Principal is required to pay bank handing charge for remittance.
5.3 BACL will release the formal test report and certificate with electronic format in 3 days after received the fund. If client can not pay the fund in time according to the provision, BACL has right to ask client to pay the penal sum of 0.05 percent per delayed workday, penal sum calculate based on the unpaid money.
5.4 Normally the Applicant will be defaulted as the payer, and the bill to party in Final Invoice will be as the Applicant.
5.5 If the Principal appoints other company or individual to pay, the Principal should provide the Company a written confirmation about the payer’s payment agreement. If the Company fails to claim the payment from the payer, the Principal still should undertake the obligations of the payment.
5.6 This quotation has been signed by both parties and the certification body has opened a case. If the Principal cancels the entrustment for any reason, the Principal agrees to pay the full amount of fees paid by BACL. After the Principal signs this quotation and BACL has completed the pre-test, if the Principal cancels the entrustment for any reason, the Principal agrees to pay the full test fee to BACL.
5.7 The accessories/component used in the products targeted by this quotation must be certified for compliance with relevant local standards and/or regulations.This quotation is only for the product itself and does not include any accessories/component related certification or testing costs,Unless this quotation clearly stipulates the certification cost or testing cost for related accessories/component.
★ INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIAL TERM
6.1 All Intellectual Property Rights belonging to a party prior to entry into this Agreement shall remain vested in that party. Nothing in this Agreement is intended to transfer any Intellectual Property Rights from either party to the other.
6.2 In the event of provision of certification services, Client agrees and acknowledges that the use of certification marks may be subject to national and international laws and regulations.
6.3 All Intellectual Property Rights in any Reports, document, graphs, charts, photographs or any other material (in whatever medium) produced by BACL pursuant to this Agreement shall belong to BACL. The Client shall have the right to use any such Reports, document, graphs, charts, photographs or other material for the purposes of this Agreement.
6.4 The Client agrees and acknowledges that BACL retains any and all proprietary rights in concepts, ideas and inventions that may arise during the preparation or provision of any Report (including any deliverables provided by BACL to the Client) and the provision of the Services to the Client.
6.5 BACL shall observe all statutory provisions with regard to data protection. To the extent that BACL processes or gets access to personal data in connection with the Services or otherwise in connection with this Agreement, it shall take all necessary technical and organizational measures to ensure the security of such data (and to guard against unauthorised or unlawful processing, accidental loss, destruction or damage to such data).
6.6 Where a party (the Receiving Party) obtains Confidential Information of the other party (the Disclosing Party) in connection with this Agreement (whether before or after the date of this Agreement) it shall(1) keep that Confidential Information confidential, by applying the standard of care that it uses for its own Confidential Information; (2)not disclose that Confidential Information to any third party without the prior written consent of the Disclosing Party.
6.7 The Receiving Party may disclose the Disclosing Party's Confidential Information on a "need to know" basis:(1) to any legal advisers and statutory auditors that it has engaged for itself;(2)to any regulator having regulatory or supervisory authority over its business;(3)where the Receiving Party is BACL, to any of its subsidiaries, affiliates or subcontractors.
★ MISCELLANEOUS
7.1 Client hereby acknowledges that prior to its execution of this Agreement BACL thoroughly explained each and every term and condition under this Agreement to Client and each term and condition OF this Agreement has been thoroughly and mutually consulted and negotiated between the two parties, AND THAT as such the terms and conditions under this Agreement don't constitute an adhesive contract Imposed by either party but is reflection of the true MUTUAL assent of both parties.
7.2 You cannot leak any information concerning this quotation in any form or make copy of this quotation without our permission,Otherwise, the delinquent party shall bear all of the legal liability and our losses.
7.3 Any claim by the Client against BACL (always subject to the provisions of this Clause 2 and Clause 6) must be made within ninety (90) days after the Client becomes aware of any circumstances giving rise to any such claim. Failure to give such notice of claimwithin ninety (90) days shall constitute a bar or irrevocable waiver to any claim, either directly or indirectly, in contract, tort or otherwise in connection with the provision of Services under this Agreement.