Acceptance of Terms

By utilising our services, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, please refrain from using the services.

Confidentiality

ESP shall maintain the confidentiality of the Client’s personal and testing information, in accordance with applicable laws and regulations. However, the Client acknowledges and agrees that the transmission of data over the internet is not completely secure, and ESP cannot guarantee the absolute security of information transmitted through electronic means.

Sample Submissions

Samples must be submitted in accordance with the laboratory’s guidelines and procedures.

It is the responsibility of the Client to ensure that the samples are properly collected, preserved, and packaged for  transport to the laboratory. ESP shall not be held liable for any damage, loss, or alteration of samples  during transit.

The Client is responsible for arranging and covering costs associated with the transport of samples to ESP. ESP shall take no responsibility for any delays, damages, or losses incurred, during transport.

The Client shall provide ESP any and all relevant information, materials, properties and other matters which are required to enable ESP to provide the services quoted for. The Client must ensure the information on the Quotation is accurate.

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.

Quotations

The fees for the services are set out in the Quotation and confirmed by ESP’s invoice.

In addition to the fees, where applicable, ESP reserves the right to charge for costs incurred for courier services, that are not specified in the quotation.

The Client shall pay ESP for any additional services provided by ESP, that are not specified in the Quotation All additional services shall be subject to these Terms and Conditions.

The Fees are exclusive of any applicable VAT and other taxes or levies which shall be added by ESP or imposed or charged by any competent authority at the appropriate time.

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by ESP is valid for a period of three calendar months from the date of issue, provided that ESP has not previously withdrawn it by written notice to the Client.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

ESP shall provide the services to the Client, as set out in the Quotation.

ESP shall use reasonable care and skill in its performance of the services and shall ensure compliance with relevant codes of practice.

ESP shall endeavour to complete its performance of the Services within a reasonable time from the date the sample is received at its laboratory, with all necessary information provided by the Client. Any dates given by the ESP for delivery of the Services are intended to be estimates and time shall not be of the essence for the performance of the Services.

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.

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.

The full amount of the quotation shall be invoiced at the start of the trial, unless an agreement is made with the Client prior to commencing the trial.

Cancellation 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 in relation to the original trial duration.

Once a trial is placed on test, the Client shall be automatically liable to 50% of the quoted costs.

Breach of Terms and Conditions

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 one calendar month, after which time, the Client’s 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 only by prior arrangement.

Complaints

Should you feel our service has not met your expectations please contact us for a complaint reference.  This will be investigated and the outcome shared with you.  We are always looking to improve our service and welcome all feedback.