GENERAL TERMS AND CONDITIONS OF SERVICE

W A F A Biological Laboratory L.L.C is EIAC {Formerly known as Dubai Municipality Accreditation Center (DAC)} accredited laboratory as per ISO/IEC 17025:2017.Any parameter(s) marked by ‘ * ’ in report the test are not accredited in our lab.
“ ** ” Subcontracted with ISO/IEC 17025 Laboratory where tests are accredited
“*** ” Subcontracted with ISO/IEC 17025 Laboratory where tests are not accredited.

General:
o Unless otherwise agreed in writing or except where they are at variance with (i) the regulations governing services performed on behalf of governments, government bodies or any other public entity or (ii) the mandatory provisions of local law, all offers or services and all resulting contractual relationship(s) between any of the affiliated companies of W A F A or any of their agents (each a “Company”) and Customer (the “Contractual Relationship(s)”) shall be governed by these general conditions of service (hereinafter the “General Conditions”).
o The Company may perform services for persons or entities (private, public or governmental). Issuing instructions hereinafter, the “Customer”.
o Unless the Company receives prior written instructions to the contrary from Customer, no other party is entitled to give instructions, particularly on the scope of the services or the delivery of reports resulting therefrom (the “Test Report”). Customer hereby irrevocably authorizes the Company to deliver Test report to a third party where so instructed by Customer or at its discretion, where it implicitly follows from circumstances, trade custom, usage or practice.

Provision of Services:
o W A F A will provide services using reasonable care and skill and in accordance with Customer’s specific instructions as confirmed by the Company or in the absence of such instructions, the Company will confirm with the Customer regarding the same.
o The Customer must ensure that sufficient information, instructions and documents are given in due time (and, in any event not later than 48 hours prior to the desired intervention) to enable the required services to be performed.
o The Customer must provide all necessary access for W A F A representatives to the premises where the collection of the samples are to be performed and take all necessary steps to eliminate or remedy any obstacles to, or interruptions in the performance of the sample collection.
o Customer may also provide/ collect the samples for tests as per customer requirement. In case any sample drawn by the Customer without taking services of W A F A sample collector, Company will not be liable for the deviation in the test results.
o The quotation/contract is based on information made available to the company at the time of quotation/contract. Any variation at a later stage shall have revised quotation/contract with the Customer’s approval.
o If the Customer requires a different testing method to be adopted, same shall be communicated in writing to the Company with reference details for review by Company.
o The Quotation/Contract and Chain of custody once signed by the Customer will be treated as confirmed order to start the sample collection schedule. Separate LPO may be sent issued in due course.
o The issued Quotation to the Customer is valid for 30 days from the date of issue.
o Unless otherwise specified by the Customer separately in Chain of Custody, samples will be retained till the time of completion of analysis. Sample retention after completion of analysis may be mutually agreed based on additional storage cost approval by Customer.
o If the testing method requested by the Customer is not performed by the Company, the Company will employ a subcontractor from a ISO 17025 accredited laboratory with the Customer’s permission. The same shall be notified in the test report using a ‘ ** ’ mark, if approved by the said Customer.
o W A F A is not responsible for the condition or calibration of apparatus, instruments and measuring devices used, the analysis methods applied, the qualifications, actions or omissions of the subcontracting laboratory or the analysis results.
o W A F A is under no obligation to refer to or report upon any facts or circumstances which are outside the specific instructions received or alternative parameters applied.
o If the Customer wishes to terminate the testing services provided by W A F A under any circumstance, the Customer must give a 30 day of prior notice in writing, before cancellation. This agreement can be terminated if the Company suspends or abandons the performance of all or any part of the services.

Test Report:
o Information stated in Test Report is derived from the testing procedures carried out in accordance with the instructions of Customer and/or our assessment of such results on the basis of technical standards.
o The Test Report issued to the testing of samples pertains only to the sample tested and do not represent the lot from which the samples were drawn.
o Customer test report will be filed in the lab for a 3-year duration in soft or hard copy without additional cost. If Customer needs records to be stored/filed more than 3-year, W A F A must be informed by the Customer for quotation and further action. All the copies of raw data sheets attached to their respective copies of test reports are retained for 3 years as technical records in the Company.

o Decision rule: W A F A shall provide decision rule upon customer request. However, if the result is in border line as per specifications of either customer / Government regulatory body and/or falls into the category of false accept/false reject associated with uncertainty, W A F A will not provide decision rule /opinions/interpretations.
o Opinions and Interpretations: The laboratory will not provide opinions and interpretations.
o In case any unforeseen circumstances or litigation, local Dubai Government laws will be applicable.

Payment:
o Any fees that are not established between W A F A and Customer (at the time the order is placed or a contract is negotiated), shall be at the Company’s standard rates (which are subject to change) and all applicable taxes shall be payable by the Customer.
o Though every effort has been made to ensure the accuracy of the offer, W A F A reserves the right to correct the prices wherever required, with valid reason.
o Unless a shorter period is established in the invoice, Customer will promptly pay not later than 30 days from the relevant invoice date or within such other period as may be established by W A F A in the invoice (the “Due Date”).
o All fees due to the Company failing which interest will become due at a rate of 1.5% per month (or such other rate as may be established in the invoice) from the Due Date up to and including the date payment is actually received.
o Customer shall not be entitled to retain or defer payment of any sums due to W A F A, on account of any dispute or counter claim or set off which it may allege against the Company.

o W A F A may elect to bring action for the collection of unpaid fees in any court having competent jurisdiction.
o In the event of any unforeseen problems or expenses, arising in the course of carrying out the services, the Company shall directly or indirectly from any event outside the Company’s control including failure by Customer to comply with any of its obligations here under.

Liability:
o The company is neither an insurer nor a guarantor and disclaims all liability in such capacity. The test report is issued based on information, documents and/or samples provided by, or on behalf of, the Customer and solely for the benefit of the Customer. The Customer is responsible for acting as it sees fit based on the given Test Report.
o Neither the Company nor any of its executive staff members, employees, agents or subcontractors shall be liable to the Customer or any third party for any actions taken or not taken based on the given Test Report.
o There shall be no liability either, if the testing is based on unclear, erroneous, incomplete or misleading information provided by the Customer.
o The company shall not be liable for any delayed, partial or total nonperformance of the services arising directly or indirectly from any event outside the Company’s control including failure by the Customer to comply with any of its obligations.

Indemnification:
o Customer shall guarantee to hold harmless and indemnify the Company and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss or damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any services.

Confidentiality/Impartiality & Intellectual Property Rights:
o The Customer and the Company undertake the responsibility to keep confidential all and any business and trade secrets obtained from other parties within the contractual relationships. The Customer and Company agrees not to disclose information to third parties without prior written approval of the other party and agrees to use them without permission, for their own purposes, unless prohibited by the law.
o The Customer must acknowledge that W A F A, by providing the services, neither takes the place of Customer or any third party, nor releases them from any of their obligations, nor otherwise assumes, abridges, abrogates or undertakes to discharge any duty of Customer to any third party or that of any third party to Customer.

Additional Terms:
o We expect nominal assistance from all Customers during site jobs.
o Customer is required to provide unrestricted access and power supply at relevant locations on-site, for collection of samples.
o Health and safety rules are strictly followed as per local and international regulations.

Miscellaneous:
o If any one or more provisions of these General Conditions are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
o Use of the Company’s corporate name or registered marks for advertising purposes is not permitted without the Company’s prior written authorization.
o Governing Law, Jurisdiction and Dispute Resolution unless specifically agreed otherwise, all disputes arising out or in connection.