These terms and conditions shall be incorporated into all contracts by CEP Laboratories Pte Ltd / CEP Services Pte Ltd (“CEP”) for the provision of Calibration Services (“Calibration”) to the customer (“Customer”). These terms and conditions are to be read in conjunction with CEP’s quotation to the Customer and supersede any term or condition in any purchase order, confirmation or other document furnished by customer (“Customer”) that is in any way inconsistent with these terms and conditions, and any additional terms not consistent with these terms and conditions shall not be enforceable.

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CEP’s Obligation for the Calibration Service

• CEP agrees to provide reasonably skilled personnel to conduct the Calibration.

• CEP shall perform the Calibration with reasonable due diligence but no warranties are given or implied regarding the services, results and facilities of CEP.

• CEP shall complete the Calibration together with the issuance of the Calibration Report within the period agreed with the Customer or as stated in the quotation/contract. CEP shall not be liable for any delay in meeting its obligations under this contract arising from any reasonable cause which is outside its control. In the event of any such delay the period for the Calibration shall be extended accordingly.

• All correspondences, information with regards to the Calibration and other transactions arising from this contract shall be kept confidential by CEP; CEP shall not furbish to a third party, any such confidential information except with prior consent of the customer.

   

Customer’s Obligation

• The Customer shall provide all instructions, information, specification, equipment and accessories which are required to enable CEP to meet its obligations under this contract. The Customer warrants all instructions, information, specification, equipment and accessories supplied are accurate and correct in all respects and shall indemnify CEP for all loss and damages arising from the Calibration provided herein caused by incorrect instructions, information, specification, equipment and accessories provided.

• The Customer shall provide the instrument in good order with clear identification and shall provide the following information to CEP during the ordering: Customer’s purchase order number (if required by Customer), company name, complete company operational and billing address, the name, title, email address and telephone number of the Customer ordering, including a technical contact person.

• Upon receipt of the instrument, the instrument will be inspected visually and physically and if found to be not serviceable or faulty, the Customer will be informed, and CEP may therefore not accept the job.

 

Terms and Conditions

 

• The Calibration of the Customer’s instrument is to be carried out in accordance with the methods stated in CEP Calibration Procedure: AAA. The Calibration Method is to be agreed with the Customer before issuance of the Purchase Order to CEP. By issuing the Purchase Order to proceed with the calibration, the Customer is held to have accepted the Calibration Method as employed by CEP.

• The Customer must pay all taxes and duties including but not limited to the Singapore Goods and Service Tax (GST), at the prevailing rate, which CEP may be liable to pay when CEP carries out the Calibration.

• If during the calibration, the instrument was found to be faulty or defective, CEP shall inform the Customer of the instrument’s condition. CEP may provide a repair service for the instrument at cost to the Customer before re-calibration. All cost of calibration and repair shall be borne by the customer. The Customer is to issue an additional Purchase Order for the repairs and supply of new parts before the repair is carried out by CEP.

• All reports shall contain only technical results. The reports are not and shall not be used as a certificate of quality or endorsement of the instrument.

• The results of the Calibration apply only to the specific instrument at the time of calibration. They do not imply or indicate that they are applicable to other similar instrument nor does CEP warrants the performance of the specific instrument at any other time.

• The copyright of any report or document remains the property of CEP; CEP reserves the right to use the report and/or data for its own internal research and quality testing program. The Report shall not be reproduced and/or published, used in any commercial publicity material or otherwise, in part or in full without prior written consent from CEP.

• The Customer shall not make any reference to CEP or to the Report or results furnished by CEP in any document, advertising or sales promotion.

• The suitability of the instrument for use after Calibration is the responsibility and at the discretion of the Customer. The Customer uses the Report at its own liability and indemnifies CEP against all consequential or special damages or for installation, adjustment, lost profits or other costs and expenses which CEP may suffer as a result of any claim arising from the Customer’s use of the Report.

• The Customer must undertake to make the full sum payment for the Calibration as agreed in the Quotation furbished by CEP and enforce by the Purchase Order. There shall be no withholding of Payment. If the Customer fails to pay for any goods and services rendered by CEP under this or other contracts, CEP shall be entitled to a general lien on all the instruments of the Customer in CEP’s possession.

• The Customer is to collect their instrument after calibration upon notification by CEP to do so, within two weeks after the notification. If the Customer fails to collect the instruments, CEP may charge a storage fee. If the Customer fails collect the instruments after one month CEP may dispose of the instrument at its discretion.

• In no event shall CEP be liable for consequential or special damages or for installation, adjustment, lost profits or other costs and expenses which may arise in connection, directly or indirectly from the use of the Calibrated instrument or related services.

 

 

Intellectual Property: Notwithstanding that title to a Product and/or Service may pass to the Customer, CEP shall remain the exclusive owner of all intellectual property rights of whatever nature including, without limitation, copyrights, patents and patentable inventions, know-how, trade secrets, trademarks and design rights (whether registered, registrable or otherwise) embodied in or otherwise relating to the Products or any part thereof and Service. The Customer shall not remove any propriety notices and/or branding contained in or otherwise affixed to the Products and/or Service.

Governing Law: The quotation, these terms and conditions, and the purchase of Products and Services by the Customer shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its principles of conflicts of laws. The parties irrevocably agree that the Courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the quotation, these terms and conditions, or their subject matter and the parties hereby submit to the nonexclusive jurisdiction of the Republic of Singapore courts.