Terms & Conditions


1. Client acknowledges that HUI TECH PTE LTD (HUI TECH) Testing center, perform analysis and testing services (the “Services”) only as specified by Client. HUI TECH does not design, warrant, supervise or monitor compliance of products or services except as specifically agreed to in writing prior to the performance of the Services. Client acknowledges that, by their very nature, the Services are limited in scope and subject to expected measurement variability.
2. HUI TECH treats all Client information as confidential and protects its Client’s proprietary rights. Quality procedures are in place to assure the security of the Client’s data and other information. All HUI TECH employees are required to sign a proprietary rights agreement which includes statements on proprietary rights and confidentiality.
3. HUI TECH provides independent contract analytical laboratory services on a transactional basis. Unless specifically called out in a mutually signed written retained engagement agreement that expressly identifies restrictions concerning the performance of specific services, during specific periods of time, for specific entities, HUI TECH will, at our discretion, perform analyses for any entity requesting our services.
4. Samples and portions thereof not destroyed in the performance of the Services remain the property of the Client, are retained for a minimum of 30 days after project completion, unless instructed otherwise by Client, and thereafter will be disposed of unless requested otherwise by Client. Return of samples is at Client’s expense. A sample storage fee will be applied on requests for storage past the standard period after project completion.
5. Unless otherwise specified therein in writing, nothing contained in any report issued by HUI TECH shall be deemed to imply or mean that HUI TECH conducts any quality control program for the Client to whom the report is issued.
6. Reports issued by HUI TECH are for the exclusive use of the Client to whom they are addressed. Analytical results and the names HUI TECH or any of its laboratories or their seals or insignias, are not to be used for any marketing purpose whatsoever, including but not limited to use in advertising, publicity material or in any other manner, without HUI TECH’s prior written approval.
7. Reports issued by HUI TECH apply only to the standards or procedures identified therein and to the sample(s) tested.
8. HUI TECH shall retain copies of reports for a minimum period of three years, unless otherwise requested by Client.
9. Unless specified in a written report, the analysis and testing results are not necessarily indicative or representative of the qualities of the lot from which the sample was taken or of apparently identical or similar products. If a statement of conformity (Pass/Fail) is required it is based on simple acceptance, whether the measurement result is within or outside the stated tolerance. The measurement uncertainty is not taken into account in the statement of conformity. It is the responsibility of the client to consider the measurement uncertainties when determining suitability.
10. Deformulation analysis of commercial products is provided for informational purposes only. HUI TECH strongly recommends review of state and federal laws, trademarks, copyrights and patent situations by the Client prior to use of such information.
11. HUI TECH reserves the right to subcontract Services to other laboratories. If subcontracting is necessary, samples will be sent only to laboratories meeting HUI TECH’s qualification requirements.

COSTS AND PAYMENT
1. Client agrees to pay all invoices within 30 days of invoice date.
2. In the event that payment is not received within 30 days of invoice date, Client agrees to pay a late payment charge on the unpaid balance equal to 1-1/2% per month.
3. Client is responsible to ship sample(s) to HUI TECH designated lab location(s) at DDP Incoterms 2020 unless otherwise agreed upon in writing.
4. All costs associated with compliance with any subpoena(s) for documents, testimony in court of law, or for any other purpose relating to Services performed by HUI TECH for Client, shall be paid by Client. Client shall also pay HUI Tech’s then existing standard fees for consulting, deposition and trial testimony and all expenses related thereto.
5. Project specific supplies including, but not limited to, standards, raw materials, shipping, duties, columns and/or specialty chemicals and supplies required for execution of a Client’s project will be purchased by HUI TECH and billed to Client as pass-through costs. If necessary, HUI TECH may bill a waste disposal fee of up to 5% of total project cost or $500.00, whichever is lower, to cover proper sample and chemical disposal.
6. HUI TECH reserves the right to request a prepayment from Client prior to initiating project work.
7. Should early termination of project be permitted for all or a portion of the project after the project has been initiated, Client will be liable to HUI TECH for all hours expended on the project up to the time of cancellation, at the current hourly consulting rate, plus all project specific supplies at cost, or a minimum of 25% of the estimated project cost as a fee for HUI TECH’s mobilization on the project, whichever is greater. This cancellation charge is a fee for work performed and is not regarded as liquidated damages.

CONFIDENTIALITY
As used hereinafter, “Confidential Information” shall include the Client Information and any information oral or written that a party may acquire from the other party pursuant to the Contract provided, however, that Confidential Information shall not include any information which (1) is or hereafter becomes generally known to the public; (2) was available to the receiving party on a non-confidential basis prior to the time of its disclosure by the disclosing party; (3) is disclosed by an independent third party with a right to make such disclosure. Unless required by law, neither party shall disclose the other’s Confidential Information to any person or entity except as expressly provided for herein

SUSPENSION OR TERMINATION OF SERVICES
The Company shall be entitled to immediately and without liability either suspend or terminate provision of the services in the event of: (a) failure by the Client to comply with any of its obligations hereunder and such failure is not remedied within 10 days that notice of such failure has been notified to Client; or (b) any suspension of payment, arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by Client.

GOVERNING LAWS:
These T&Cs shall be governed by the laws of Singapore.