The following Terms & Conditions, along with any estimate, fee quote, proposal or scope of work provided to the Client, form the Agreement between the Client and ERGONAV GROUP LLC located at 28-07 Jackson Avenue, Long Island City, NY, 11101 USA, (hereinafter called “ERGONAV GROUP”) and any subsidiary/subcontractor of ERGONAV GROUP LLC, providing the Services contemplated therein.
1. General & Definitions
1.1 In the context of these terms and conditions:
1.2 Unless otherwise explicitly agreed upon in writing, or unless such agreements contradict:
1.3 In the absence of written instructions to the contrary from the Client, no other party is authorized to issue instructions, particularly with regard to the scope of services or the delivery of reports or certificates. The Client hereby grants ERGONAV GROUP irrevocable authorization to deliver Reports to a third party when instructed by the Client, or, at its discretion, when circumstances, trade customs, usages, or practices implicitly dictate such action.
2. Provision of Services
2.1 ERGONAV GROUP will provide services with due diligence and expertise, adhering to the Client's specific instructions as confirmed by ERGONAV GROUP or, in the absence of such instructions, based on:
2.2 Information presented in Reports is derived from inspection or testing procedures carried out in accordance with the Client's instructions and/or ERGONAV GROUP's assessment of these results, based on technical standards, trade customs or practices, or other relevant factors, in ERGONAV GROUP's professional judgment.
2.3 Reports resulting from sample analysis represent ERGONAV GROUP's opinion solely on those samples and do not express an opinion on the entire lot from which the samples were drawn. ERGONAV GROUP will report the facts recorded at the time of its intervention, limited by the received instructions or, in the absence of such instructions, within the parameters established in clause 2.1. ERGONAV GROUP is not obligated to reference or report on facts or circumstances beyond the specific instructions or alternative parameters.
2.4 If the Client requests ERGONAV GROUP to witness third-party interventions, the Client acknowledges that ERGONAV GROUP's sole responsibility is to be present during the third party's intervention and to communicate the results or confirm the occurrence of the intervention. ERGONAV GROUP assumes no responsibility for the condition or calibration of apparatus, instruments, measuring devices, analysis methods, qualifications, actions, omissions of third-party personnel, or analysis results.
2.5 ERGONAV GROUP may delegate all or part of the services to an agent or subcontractor, and the Client authorizes ERGONAV GROUP to disclose all necessary information for such performance to the agent or subcontractor.
2.6 Any documents received by ERGONAV GROUP reflecting engagements contracted between the Client and third parties, or third-party documents, are considered for informational purposes only and do not expand or limit the scope of services or the obligations assumed by ERGONAV GROUP.
2.7 The Client acknowledges that by providing the services, ERGONAV GROUP does not replace the Client or any third party, release them from any obligations, or assume, abridge, abrogate, or undertake to discharge any duty owed by the Client to any third party or vice versa.
2.8 All samples will be retained for a maximum of three months or the regulatory holding time allowed by the nature of the sample, after which ERGONAV GROUP ceases to be responsible for the samples. Storage of samples beyond three months may incur a storage charge payable by the Client. Client will be billed handling and freight fees for sample returns, and special disposal charges will be billed if incurred.
3. Client Warranties & Obligations
3.1 The Client shall provide sufficient information, instructions, and documents in a timely manner, but in any case not later than 48 hours before the desired intervention, to facilitate the required services.
3.2 The Client shall grant ERGONAV GROUP's representatives access to the location where the services will be performed and take necessary actions to remove obstacles or interruptions to service provision.
3.3 The Client shall ensure safety and security at the work site, conditions, and installations during service provision. The Client shall not rely on ERGONAV GROUP's advice concerning these matters.
3.4 The Client shall inform ERGONAV GROUP in advance of any known or potential hazards or dangers associated with orders, samples, or testing, such as radiation, toxic elements, environmental pollution, or other risks.
3.5 The Client shall fulfill all its rights and obligations under relevant sales or other contracts with third parties and under applicable law.
4. Fees & Payments
4.1 Fees not determined between ERGONAV GROUP and the Client at the time of order placement or contract negotiation will be based on ERGONAV GROUP's standard rates (subject to change), and all applicable taxes will be payable by the Client.
4.2 Unless otherwise specified in the invoice, the Client shall make prompt payment within 60 days of the invoice date, or within any other period specified by ERGONAV GROUP in the invoice. Failure to do so will incur interest at a rate of 2.5% per month (or a rate specified in the invoice) from the Due Date until payment is received by ERGONAV GROUP.
Copyright © 2024 ERGONAV GROUP INC
28-07 Jackson Ave, 5th floor, Long Island City, NY 11101
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