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Legal Stuff

TERMS OF SERVICE

SCOPE OF WORK

 

OMEGA TEST HOUSE (PTY) LTD (OTH) will confirm the scope of the test work to be performed by means of a quotation. The quotation will indicate at least the following information:

 

  • Identification of the samples to be tested.

  • Identification of any deviations from specified test methods.

  • Identification of any subcontracting not listed in this document.

  • The price of testing and any additional fees that might be applicable.

  • Any special conditions as referenced in this document.

 

If the information provided in the quotation is not clear to the client, it is the clients responsibility to inform OTH accordingly. OTH commits to provide any reasonable information requested by the client in order to ensure a full understanding of the contracted services.

 

The quotation will provide the client the opportunity to inform OTH of any conditions or requirement not documented. OTH reserves the right to withdraw its quotation and submit an amended quotation based on such additional conditions.

 

SAMPLE COMPOSITION / RANGE IDENTIFICATION

As described under “Use of test reports” OTH test reports are applicable only to the samples evaluated, and not to any associated production items.

 

When a range of similar products is tested OTH may, in its own discretion, select representative tests to confirm the compliance status or performance of the range, without duplicating identical tests on all samples. The principles that guide test selection are:

 

  • All functional items will be tested.

  • All variations that could result in different test results will be tested.

  • Where confirmation is available the items came from the same manufacturing process, a representative sample may be tested for material and coating requirements.

 

LIMITATIONS OF WORK

Test work not listed in the scope of work of the quotation is excluded from the services that OTH commits to offer. No work will be assumed to have been included in the scope of work.

 

The scope of work expressed in the quotation is based on the understanding of OTH of the requirements of the client. By accepting the quotation, the client confirms that the scope of work is what was requested by the client, and that it is accurately documented.

 

This quotation is based on our understanding of the technical construction of the samples. Should the technical construction of the samples received vary from our understanding, OTH reserve the right to amend the quotation.

 

Unless stated differently on the quotation, test work does not include, collection of samples, travel expenses, research about sample characteristics, research to identify sample properties referred in test requirements.

 

INTERPRETATION OF STANDARD REQUIREMENTS

OTH will verify compliance to the requirements of a standard as guided by the said standard. Where the requirements of said standard can be interpreted to have multiple meanings OTH will apply the interpretation that it deems most reasonable representing the intent of the requirement. Such interpretation will be clarified to the client.

 

In general, conditions of test methods do not constitute compliance requirements. A sample will not be regarded as having failed if a condition of a test method cannot be met due to the design of the sample, without undermining the intent of the requirement. This principle is based on the principles of standards as documented in ARP013 published by the South African Bureau of Standards (SABS).

 

Where OTH deviates from specified test conditions and the test applied is more stringent than the required test conditions, the sample will be regarded to have complied with the stated test conditions provided that it complies with the more stringent test. If the sample fail to comply with the requirements of the more stringent test conditions the sample will not be regarded to have failed to comply with the specified requirements. The test result will be reported as inconclusive.

 

When a test result is inconclusive due to the uncertainty of measurement of the test, the following will apply:

 

  • If the standard specified uncertainty limits for tests, and OTH complied with these limits, compliance will be indicated by the recorded test result irrespective of uncertainties of measurement

  • If the standard does not specify uncertainty limits, and the uncertainty of the tests performed by OTH were 5% or less, compliance will be indicated by the recorded test result irrespective of uncertainties of measurement

  • If the standard does not specify uncertainty limits, and the uncertainty of the tests performed by OTH more than 5%, compliance will be stated as inconclusive.

 

PREMATURE SAMPLE FAILURE

OTH have no obligation to inform a client of any product failure, irrespective of the nature of the failure or of the stage of testing. Compliance statements are only made on test reports.

 

OTH may in its own discretion, and based on our understanding of the customers objectives, inform the client of suspected failure. If it is possible for the client to correct such failure without affecting the integrity of the sample or of any other tests, the client may be allowed to submit such.

 

If the client elects to stop the rest of the tests, or if it is no longer feasible to continue with the tests then testing will be stopped. The implication on the financial transaction is explained in the section on “financial terms”

 

OBLIGATIONS BY THE CLIENT

The client is responsible to provide Omega Test House with the following:

 

  • The sample/s, inclusive of all manuals and packing materials, must be delivered to the Omega Test House test laboratory.

Address: 2 Superior Road, Halfway House Estate, Midrand

  • All product or related information that OTH need to be aware of in order to perform the contracted testing services. This includes but is not limited to identification of materials used, coatings applied etc.

  • Any instructions or notices as described in this document.

  • Payment as agreed in the quotation and this document.

 

OBLIGATIONS OF OMEGA TEST HOUSE

Omega Test House commits to delivering the work as described in the quotation under the conditions described in this document subject to the client fulfilling all the requirements as specified in the quotation as well as this document.

 

LIABILITY

Omega Test House commits to take all reasonable care to fulfil the requested work accurately. Omega Test House cannot be held liable in any manner should information become available that contradicts the work delivered or presents a different interpretation to that offered by Omega Test House.

SUBCONTRACTING

OTH may subcontract any test work provided that the client be informed prior to subcontracting work. The client will be informed to which laboratory tests would be subcontracted. If the client for whatever reason does not consent to the reported subcontracting it is the responsibility of the client to inform OTH within 48 hours of being notified.

FINANCIAL TERMS

All prices quoted are exclusive of VAT.  VAT will be added to all invoices at a rate of 15%.

 

No work will be initiated unless the prescribed deposit as reflected in the table below has been received.

Value of Test Work                               

 1. All amounts below R 15 000 = Deposit 100%

 2. All amounts above R 15 000 = Deposit 50%

 3. Test requiring special consumables or preparation expenses = The prescribed % above, plus full expense allowance

 

OTH may on its own discretion deviate from the above evaluated on a case-by-case basis.  The difference between the full test price and the deposit received will be due before a test report will be made available.

 

Subject to the conditions described under “sample composition” if during the test process it is identified that additional expenses are due, such prices will be recovered from the client. OTH will inform the client of the reason for the additional expenses as well as when such expenses will be due for payment.

 

All test work will be suspended pending the acceptance of the additional expenses by the client.

 

Unless stated on the quotation, all prices exclude travelling expenses. If travelling expenses will be incurred this will be recovered from the client at the rate listed in the pricing table below:

 

If Test work is suspended before completion of the tests agreed to, OTH will invoice the client for work done. If the invoiced amount is less than the monies already received by OTH, the difference will remain as a credit to the client to be applied for future tests. On request of the client the credit amount may be refunded to the client. An administration fee of 10% of the value of the credit, or R500 whichever is the greatest, will be retained by OTH.

OTH may offer discounts on a case-by-case basis on its own discretion.

 

TIMELINES

Test work will be initiated when all the following conditions have been met:

  1. A signed acceptance of the quotation has been received.

  2. A signed acceptance of this testing terms and conditions have been received.

  3. All samples and associated materials have been delivered to OTH.

  4. The proof of payment of the deposit have been received.

  5. Capacity is available. Work is performed on a first in first out principle.

 

The estimated duration of test will be quoted on the quotation. While every reasonable effort will be made to achieve the estimated test period, several factors can result in extended test durations. Such conditions could include but is not limited to, delivery times from subcontractors, equipment maintenance, interruption of municipal services e.g., electricity and water.  OTH will inform the client as soon as reasonably possible if significant test delays are anticipated.

CARE OF TEST SAMPLES

All test samples will be handled with reasonable care.

 

The testing process might require disassembly and potentially destruction of samples as is directly or indirectly required by the referring standard. OTH will not be responsible for re-assembly or repair of samples in any manner.

 

Due to the nature of testing samples might incur small damage including but not limited to scratches, dents discolouring etc.

 

If special handling requirements applies for any sample, it is the responsibility of the client to inform OTH of such requirements prior to submitting the samples for testing.

In cases where special handling instructions affects the normal operations, OTH may decline the test request or charge additional fees to allow for the special instructions to be applied.

CONFIDENTIALITY

OTH confirms that all information regarding the client’s products and test results will be held in confidence unless express permission is given by the client for the information to be shared, if it became public knowledge through other means, or if OTH becomes legally compelled to do so.

 

The client agrees that all information regarding OTH’s equipment and processes will be held in confidence unless express permission is given by OTH for the information to be shared, if it became public knowledge through other means, or if OTH becomes legally compelled to do so. 

VALIDITY

The price quoted is based on the information made available by the client to Omega Test House at the time of the quotation. Omega Test House reserves the right to amend prices if the samples vary from what was understood by Omega Test House.

 

All prices quoted are valid for a period of 14 calendar days. These days are calculated from the date printed on the quotation to the date on which OTH receives the signed quotation. OTH may decide in its own discretion to extend the validity period on a case-by-case basis.

USE OF TEST REPORTS

A OTH test report is a factual statement of the outcomes of tests and evaluations conducted on a specific sample or samples, including supporting documentations and evaluations. The test report reflects the status at the time of testing. The test report has no bearing on the production or supply of similar items whether they are similar, carry equivalent model or other reference numbers or have any other relation to the tested sample.

 

The client agrees that a OTH test report will not be used to misrepresent the compliance status of producer or supplied products. The client agrees that the OTH test report will not be modified in any manner without the written consent of OTH.

 

If the test report is reproduced in any manner including electronic format, it will be reproduced in full. If the test report is made available to any party the full report will be made available.

 

Should the client use the test report in a manner that contravenes the conditions for use of the report, OTH reserves the right to retract the test report and/or publish statements to correct any.

Private/Cookie Policy 

OMEGA TEST HOUSE (PTY) LTD – PRIVACY/COOKIE POLICY

Last Updated: September 21, 2021

 

OVERVIEW

 

This SERVICE is provided by Omega Test House (PTY) Ltd and is intended for use as is.  This page is used to inform users of  our applications and website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

 

If you choose to use our Service:

  • then you agree to the collection and use of information in relation to this Private Policy.

  • then you agree to allow for Omega Test House (PTY) Ltd and its subsidiaries to communicate its other services and product offerings.

  • then you agree displayed as screen ads or reward ads on this Application or our Websites.

 

The Personal Information that we collect is used for communications and providing and improving our Service offering. We will not use or share your information with anyone except as described in this Privacy Policy.

 

SECTION 1 – INFORMATION COLLECTION AND USE
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information. The information that we request is will be retained by us and used as described in this privacy policy.

 

The Application and Website does use third party services that may collect information used to identify you.

SECTION 2 – EMAIL AND TELEPHONE COMMUNICATIONS

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Omega Test House (PTY) Ltd and our Services and you will not be able to opt out of those communications.

 

SECTION 3 – COOKIES
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory.

 

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

 

SECTION 4 - SERVICE PROVIDERS
We may employ third-party companies and individuals due to the following reasons: To facilitate our Service; To provide the Service on our behalf; To perform Service-related services; or To assist us in analysing how our Service is used.

 

We want to inform users of this Service that these third parties may have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

 

SECTION 5 – SECURITY
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

 

SECTION 6 – LINKS TO OTHER SITES
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

 

SECTION 7 – CHILDREN’S PRIVACY
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

 

SECTION 8 – CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

 

SECTION 9 – CONTACT US
Questions about the Privacy Policy should be sent to us at info@omegatesthouse.com.

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