NTEK Group (including its branches, subsidiaries and representative offices, hereinafter referred to as the "Company") provides services to any person, company or institution in need thereof (hereinafter referred to as the "Client") in accordance with the terms and conditions set out herein (hereinafter referred to as the "General Terms"). The General Terms form part of the relevant testing and certification contracts, testing and certification application forms and other documents, and unless otherwise provided in writing, any offer or service between the parties and any derivative contractual relationship shall be governed by the General Terms.

1. Testing Requirements

1.1 When applying for testing, the Client shall complete a test request form and submit it to the Company (by email, facsimile, courier or other means). Where the Client has special requirements for the testing service, it shall notify the Company in writing at the same time as it submits the Test Request Form to the Company; the Company shall have the right to review the reasonableness and lawfulness of such requirements and may decide, in light of the actual circumstances, whether to accept them.

1.2 The Client shall, in accordance with the testing requirements, provide the Company with lawful, suitable and appropriate quantities of samples and pay the testing fees and other related charges.

1.3 The Company shall provide testing services in accordance with the commissioned items and requirements set out by the Client in the test request form, and shall send the test report in the agreed manner.
1.4 Irrespective of the method of sample delivery adopted, the Client shall properly protect and package the samples so as to ensure their safety during transportation or handover. The Company shall not be liable for any damage to or loss of samples that may occur during transportation, or for any samples that are unsuitable for testing.
1.5 Where the Client requires the Company to carry out off-site sampling or on-site testing, the Client shall ensure that no hazardous factor exists at the workplace that may endanger or affect the personal safety or property of the Company's personnel; otherwise, all losses caused to the Company thereby (including but not limited to medical expenses, work-related injury benefits and economic compensation) shall be borne by the Client, unless otherwise agreed in an agreement.
1.6 The Client shall inform the Company of any actual or potential risk or hazard related to the commissioned services, such as radiation, toxic, harmful or explosive substances, environmental pollutants or poisons, and undertakes that the commissioned samples comply with the requirements of national laws.
1.7 Upon receipt of the samples and relevant information provided by the Client, the Company shall carry out an inspection in a timely manner. If the samples are found to be incorrect, insufficient in quantity or damaged, or if necessary information is missing (which may affect the accuracy of the results or the determination of conformity), the Company shall promptly notify the Client to supply conforming samples and information, and the service period shall be recalculated from the time the Company receives the supplementary samples and information.

1.8 Samples may be damaged or destroyed during testing as required by the test methods, and the Company shall not bear any liability in this respect.

1.9 Where the Client has no special requirement as to the retention of tested samples, the Company shall retain the samples in accordance with its internal management requirements, taking into account the characteristics of the samples. Where the retention period has expired, the Company shall have the right to destroy the retained samples on its own; if the Client requests continued storage, the Client shall bear the sample storage fee. Where the Client requests the return of the samples, the relevant costs shall be borne by the Client.

1.10 The Client shall clearly state the service requirements in the test request form, including but not limited to the test items and the test methods on which they are based. Where the Client specifies the test method, the Client shall be responsible for the suitability of that method; where the test method is recommended by the Company, the Company shall be responsible for selecting a suitable method and shall notify the Client accordingly.

1.11 Where the Client requests a change to the testing service requirements during the course of testing, a change application shall be submitted, and the Company shall conduct a new contract review of the changed content.

1.12 Where any test item needs to be subcontracted, the Company shall be responsible to the Client for the work of the subcontractor, except for subcontractors designated by the Client or by a statutory regulatory authority.

1.13 The service period of the Company's testing services shall be calculated from the time when the Company issues a project initiation notice (which may be given in various ways) after the Client has provided a complete test request form and a countersigned quotation and the samples have arrived at the Company. As regards testing services such as expedited testing requested by the Client, the Company shall determine whether such requests can be met on the basis of the test methods, test items and other conditions. 

1.14 Where the Client requests in writing that the Company terminate the testing or change the testing requirements, the Company shall terminate or make the change in accordance with the Client's request; however, the Client shall pay the testing fees for the part of the testing already completed by the Company (including but not limited to testing fees, labour costs, travel expenses and reagent costs), and shall not be entitled to require the Company to refund any amounts previously paid.

1.15 Where test items cannot be completed in a timely manner or testing cannot be performed due to reasons such as an unforeseeable level of technology or the failure of testing equipment, the Company shall notify the Client in a timely manner and shall not bear any liability for breach of contract in such circumstances.

2. Test Reports

2.1 The Company may, at the Client's request, provide reports in Chinese or in English. Where English reports or Chinese-English bilingual reports are required, the Client shall provide the English information relating to the preparation of the report, such as the Client's name and the sample name; the Company shall not translate the information provided by the Client unless otherwise agreed.

2.2 For submitted samples, the data and results in the Company's report or certificate are responsible only for the samples submitted for testing, and the Company gives no opinion whatsoever on the same batch of products from which the samples were taken. In no event shall the Company's liability extend beyond the scope of the test report issued by the Company for the samples.

2.3 After the Company has completed its services, if the Client has any objection to the test results, it shall raise the objection in writing with the Company within fifteen days from the date of completion of the test report, together with the original report. Failure to raise an objection within that period shall be deemed acceptance of the test results. Where a retest is requested, the Company shall retest only the original samples using the original test methods, and the Client shall pay the corresponding retest fees according to the circumstances of the retest. Any request to use new samples and/or new test methods shall be treated as a new commission application. The Company will not accept a retest in any of the following circumstances:

(1) the original samples have been collected by the Client;
(2) the original samples cannot be preserved;
(3) the original samples have been used up;
(4) the remaining original samples are too few for a retest;
(5) the original samples have been destroyed after exceeding the retention period;
(6) the original samples have deteriorated;
(7) the test item is not repeatable;

(8) other circumstances in which a retest is deemed impracticable.

2.4 Within three months of receiving the report, the Client may apply for an amendment to the report, and the Company shall evaluate the application submitted by the Client to determine whether an amendment is to be made. The Company provides test reports in accordance with the service requirements, and the Company shall not bear any risk or legal liability arising from the use of void or invalid reports, or the misuse of reports, by the Client, its agents or its related parties. The Company shall have the right to refuse to execute any unreasonable application for amendment of a report submitted by the Client.

2.5 Where certain test items or methods have not yet obtained laboratory accreditation, and the Client nonetheless accepts the Company's testing services, the results in the report may not be used as third-party certification issued to the public or for any commercial purpose, and the Company shall not bear any risk or legal liability arising therefrom.

2.6 The Company conducts testing and prepares test reports on the basis of the information, samples and other materials provided by the Client or its agent, and the Client shall be responsible for the authenticity of the information, documents and samples. Neither the Company, its personnel nor its subcontractors shall be liable for erroneous results caused by unclear, incorrect, incomplete, misleading or false information provided by the Client.

3. Technical Services

3.1 At the Client's request, the Company may establish a dedicated testing service channel for the Client, so that the Client and its suppliers may enjoy fast-track services, and may designate dedicated personnel as the client service contact to provide relevant support to the Client and its suppliers.

3.2 At the Client's request, the Company may provide the Client and its suppliers with training on test methods and testing requirements, supply chain management consulting and other services, and the specific manner of service and the fees shall be separately agreed by both parties.

The Client may provide feedback on the relevant services through the Company's complaint hotline 0755-6115 6558, complaint email ntek@ntek.org.cn, or any other convenient means.

4. Commitments and Agreements of Both Parties

4.1 The Client undertakes to pay the testing fees to the Company in full and on time as agreed in the contract, and shall not withhold or delay the payment of any amount on any grounds such as the existence of a dispute with the Company, cross-claims or set-off of amounts. If the Client terminates payment for any reason or fails to pay all or part of the amounts due to the Company, the Company shall have the right to suspend the provision of all services and to refuse to issue test reports and any related materials until the Client has paid all outstanding amounts and interest thereon. The Company shall not bear any liability for any breach of contract or loss arising therefrom.

4.2 The Company undertakes to select and adopt appropriate methods in providing testing services so as to ensure the accuracy and validity of the test results.

4.3 In order to provide the Client with better services, the Company shall have the right to entrust all or part of the obligations required to be performed to its affiliates or to other third parties with the corresponding qualifications and capacity to perform.

5. Confidentiality and Intellectual Property

5.1 The Company undertakes to keep confidential the technical information, materials and unofficial publications provided by the Client, and the Client shall keep confidential the information provided by the Company as well as the environmental conditions, product technology, production processes and other information.

5.2 Any trade secrets disclosed by one party to the other during the course of the services, including the scope, content and model of cooperation, the fees, and the rights and obligations of both parties, shall not be disclosed by the receiving party to any third party (other than the third parties referred to in Clause 4.3), and the receiving party shall ensure that its employees who have access to such trade secrets in the course of providing the services are bound by the same obligations.

6. Liability for Breach of Contract

6.1 Where the Client fails to pay the testing fees within the period agreed in the contract, the Company shall have the right to require the Client to pay liquidated damages equal to five per thousand (0.5%) of the total testing fees payable for each day of delay, and shall have the right to suspend services and refuse to issue test reports.

6.2 Where the Company, through its own fault, fails to issue the test report within the time agreed in the contract, the Client shall have the right to require the Company to pay liquidated damages equal to five per thousand (0.5%) of the total testing fees payable for each day of delay.

6.3 Where the Company is unable to perform or complete its agreed obligations due to circumstances beyond its control, the Company shall not bear any liability, including but not limited to the following circumstances: the occurrence of force majeure; the Client's failure to perform its obligations as agreed; any loss or damage suffered by the Client as a result of the Company's failure to complete the testing services as agreed for reasons attributable to the Client; and changes in relevant laws, regulations and standards.

6.4 The Company undertakes to adopt appropriate methods in the course of performing its service obligations. In respect of any claim for loss, damage or expense of any nature arising from the Company's breach of contract or failure to apply appropriate methods, the Company's liability shall in no event exceed ten times the fees or agency fees payable for the specified services under the specific contract concluded with the Client in respect of the said compensation, nor shall it exceed RMB 100,000. The Company shall not be liable for any claim for indirect or consequential loss, including loss of profit and/or loss of future business and/or loss of production and/or all liability arising from the cancellation of the Client's contracts.

6.5 Where the Client's samples are damaged or lost due to the fault of the Company, the Company shall be responsible for compensation, and the amount of compensation shall not exceed thirty per cent (30%) of the market value of the damaged or lost samples themselves, nor shall it exceed RMB 100,000.

6.6 Where compensation may arise under both Clause 6.4 and Clause 6.5 at the same time, the lower of the two amounts shall prevail.

6.7 Where the Client breaches the contract and causes damage to the Company or its personnel, the Client shall bear the liability for compensation.

7. Applicable Law

7.1 The adjustment of the rights and obligations of both parties and the manner of dispute resolution shall be governed by the laws of the People's Republic of China.

7.2 In the event of a dispute arising during the performance of the contract/agreement and the agreed terms, both parties shall resolve the dispute through negotiation; if negotiation fails, the dispute shall be submitted to arbitration or brought before a people's court.

8. Language

These General Terms are made in Chinese, and in the event of any discrepancy in translation, the Chinese version shall prevail.