Emsworth Stability Plus Ltd

3b The Old Flour Mill, Queen Street, Emsworth, Hants PO10 7BT

Tel: 01243 373 373    email: testing@esp.uk.com

Terms and Conditions

Quotations

Unless otherwise agreed in writing any quotation or estimate provided by ESP is valid for a period of three calendar months from the date of issue, provided that ESP has not previously withdrawn it by written notice to the Client.

Any quotation or estimate is based on the instructions and information provided by the Client and ESP reserves the right to amend the quotation or estimate to cover any increases in cost which may arise as a result of additional instructions or information or as a result of any error in the instructions or information provided by the Client.

Reports / Results

A report will be provided by ESP to the Client to complete the provision of the Services. The report and any data contained therein shall not become the property of the Client until ESP has received full payment in cleared funds of all monies due from the Client to ESP under any and all contracts between the Client and ESP. ESP shall maintain copies of reports and supporting raw data for a minimum of six years after completion of the Services.

The Client shall not use ESP’s name in any way to imply endorsement by ESP of any process or product without written approval from ESP.

Any statements (whether written or oral) as to the results of the Services carried out and all/any opinions in any report or letter are made in good faith and on the basis of the samples, materials, equipment and information provided to ESP by the Client. By providing the Services, ESP does not in any way guarantee any sample, the product from which any sample was taken or any subsequent product derived there from, nor does ESP indicate any recommendation for use, nor does ESP suggest or imply that any sample or any product derived there from is fit for any use whatsoever.

The Client warrants, in respect of each of the Client’s Samples provided to ESP by the Client, that it is correct and in good order and has not to the best of the Client’s knowledge been tampered with, altered, added to or substituted in any way whatsoever.

Price

ESP reserves the right to amend the price to take account of any variations in the services as a result of additional information or a request in writing by the Client. ESP will obtain the Client’s prior approval before performance of any additional work or variations in the Services.

Unless expressly stated otherwise all prices are exclusive of VAT and any other governmental duty or tax which is applicable and which shall be charged at the rate and the manner prescribed by law. Payment must be made in pounds sterling.

Payment terms for all invoices are 30 days from invoice date unless otherwise agreed with the Client.

Stability Testing – For costs of less than £200, the full amount on the quotation will be payable at the start of the trial. For costs of greater than £200, 50% of the quotation price will be payable on submission of the sample to ESP. The remaining 50% will be payable on completion of the testing or at 6 months after the start of testing, dependant upon which comes first.

Analytical Testing – Unless otherwise agreed in writing, the price will become payable upon completion of the services.

Cancellation of Costs

Where testing in progress is cancelled by the Client a cost will be charged according to the level of work already completed by ESP.

 

If the Client fails to make payment on the due date then, without prejudice to any other rights or remedies available to ESP, ESP shall be entitled to:

  • cancel any contract and suspend any further performance of the services to the Client
  • appropriate any payment made by the Client to such of the services as ESP may think fit
  • charge the Client statutory interest at the current rate until payment is made in full.

Notwithstanding any agreement allowing the Client credit, payment of all sums invoiced shall become due and payable to ESP immediately upon the termination of a Contract howsoever arising. ESP shall be entitled upon giving notice to the Client to terminate a Contract to invoice the Client for all services performed by ESP.

Return of test samples to Client

At the Client’s request, their samples may be returned to them at any point during the trial and associated postal/courier costs will be charged to the Client accordingly.

Destruction of test samples

On completion of the services or termination of a contract ESP will, unless otherwise agreed with the Client, retain the samples for a minimum period of three calendar months, after which time the Clients’ samples will be disposed of. Any additional storage of the Client’s samples shall be subject to the standard terms and conditions of ESP

Visits to ESP premises

Some or all of the services will be carried out in the ESP laboratories. Visits by Clients to laboratory areas are welcomed but in order to protect Client confidentiality, this is only available by prior arrangement.