• The results are applicable only to the sample either drawn or submitted.
• The test report in full or part shall not be reproduced unless written permission is obtained from Envirocare Labs.
• Envirocare Labs maintains strict confidentiality of all the test results and raw data of analysis and will not reveal the information to third party.
• Envirocare Labs shall not assume any responsibilities for variation in characteristics of samples taken up for analysis after holding up for want of clarification from the customers.
• Test reports are issued on the basis of information, documents and/or samples provided by the customer and solely for the benefit of the customer who is responsible for acting as it sees fit on the basis of such reports or findings. Neither Envirocare Labs nor any of its officers, employees, agents and subcontractors shall be liable to customer or any third party for any actions taken or not taken on the basis of such reports or findings, nor for any incorrect results arising form unclear, erroneous, incomplete, misleading or false information provided to Envirocare Labs.
• Perishable samples will be destroyed within 2 days after issue of the report, other samples after 7 days from the date of issue of the test report. Unused sample or samples not accepted for testing for any reason(s) will be returned to the customer on a written request and at their own cost.
• Under no circumstances Envirocare Labs accepts any liability or loss or damage caused by use or misuse of test report. Liability is limited to the testing fee charges, in case of proven negligence by the Laboratory.
• In case of cancellation of samples for any reason, refund of the test charges will be made after adjusting the incidental charges if any.
• All charges agreed between the customer and Envirocare Labs at the time of finalizing the order shall be binding on the customer for the duration of the order only. Envirocare Labs shall be at liberty to revise the charges thereafter. It will be binding on the Customer to pay all applicable taxes as per statutory regulations revised from time to time.
• Unless a shorter period is established in the invoice, customer will promptly pay; not later than 15 days from the relevant invoice date or within such other period as may be established by Envirocare Labs in the invoice (the due date), all fees due to Envirocare Labs, failing which, interest will become due @ 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 the payment is actually received and realized.
• The customer shall not be entitled to retain or defer payment on account of any dispute, counter claim or set of which may allege against Envirocare Labs.
• Envirocare Labs may elect to bring action for the collection of unpaid fees in any court in its jurisdiction. Customer shall pay all of the collection costs incurred by Envirocare Labs, including Attorney’s Fees and related costs.
• It is assumed that the Customer has read and agreed to all the terms & conditions mentioned hereinabove.

Envirocare Labs - Terms and Conditions for sales quotation

I COMMERCIAL CONDITIONS

1.   Validity of quotation:  30 days from the date of this offer. Our Labradar SAP-LIMS is designed to enhance customer satisfaction and necessitates for collection and / or testing of samples to be carried out only after receipt & punching of a commercially clear purchase order.

2.    Payment terms: As mutually agreed between the customer and laboratory. Interest will be charged @18 % p.a. on all overdue payment from the ‘due date’ up to and including the date the payment is actually received and realized. For priority monitoring/testing fast track charges shall be applicable.

3.  In case of online payment, customer shall confirm the same with a proper payment advice via email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

4.    Since our representative(s) are visiting customer premises for sampling purpose only, statutory deductions on account of ESIC, PF, etc. shall not be applicable to us. For tax deducted at source, customer shall provide to Envirocare Labs Pvt. Ltd. TDS Certificate within 30 days from the date of completion of the quarter.

5.    GST shall be charged extra as applicable at the time of billing.

6.    If sampling team has to return back without doing sampling due to absence of requisite infrastructure in place or cooperation from customer, the sampling fees is to be paid again.

7.    Left over Samples, difficult to dispose in a routine manner and needing extra care and resources for disposal or that involve legal disposal, are billed extra or has to be taken back. Any samples for projects that are canceled or not accepted, are returned to the customer at his own expense. The decision of the laboratory in such cases is final. Storage of left over samples at customer’s request beyond stated retention time laid down by laboratory may be on chargeable basis.

8.    The customer may direct laboratory to suspend a portion or all of the work to be performed. In such case, the customer shall remain responsible for all work performed up until the time laboratory became aware of customer's desire to discontinue the services. Any uncompleted analysis will be billed on a prorated basis, as determined by laboratory. All directions by customer to suspend work shall be issued to laboratory in writing.

9.    The customer shall pay for all services performed on their behalf and for all results reported, regardless of any allegation on the part of the customer or customer’s customer that the results issued by laboratory did not conform.

10.  One original copy of the test report shall be provided to the customer. Additional copies are provided on request on chargeable basis.

II MANAGEMENT SYSTEM COMPLIANCE REQUIREMENTS

1.   Confidentiality and impartiality- Laboratory treats all information received from customer in relation to laboratory activities confidential. The customer shall also treat all information and data it receives about laboratory as proprietary and confidential. This provision does not prevent either party from disclosing and/or using information or data in good faith where it is to be given to the regulatory authorities or for similar reasons but must inform the other party about such use and take permission, unless prohibited by law. Laboratory and Customer also notify each other in good faith any activities or relationships that can threaten impartiality or confidentiality of contract as soon as these come to knowledge. The test reports once handed over by laboratory to customer are in public domain. The laboratory also is not bound to inform customer any information which it receives from a third source about the customer unless agreed by the source. 

2.   Test methods- The laboratory uses test methods given in NABL scope for the accredited parameters. The laboratories scope is provided on request. For non-accredited parameters or if method is not specified by the customer or if method requested by the customer is inappropriate or out of date, the method is chosen by laboratory and customer is informed.

3.    Using external service provider- The laboratory may use a competent external service provider for testing work with customer’s approval, if due to unforeseen reasons any resources and competence to perform the testing are temporarily unavailable after the commencing of work. The customer is also informed of any deviation from contract.

4.    Statement of conformity- When a statement of conformity to a specification or standard is requested by the customer, the laboratory communicates and customer agrees in advance, the decision rule is applied, unless it is inherent in the referred specification or standard. The decision rule will be stated on the test report. Opinion and interpretation can only be given if a documented basis is available.

5.    Customer cooperation- The laboratory allows test witness or similar requests of cooperation to monitor the laboratories performance subject to compliance to laid down requirements. Contact customer support team for the purpose.

6.    Sample delivery acceptance including deviations- Sample Delivery Acceptance is defined as the point in time when laboratory has accepted the samples for testing. Even where Laboratory has entered into a prior contract with customer to undertake testing including sampling by laboratory it reserves the right to refuse or reject any sample that it deems to be: (i) of unsuitable volume; (ii) health, safety, environmental or other risk including legal involvement; (iii) a sample that will fail to meet holding times including the passage of time prior to delivery, such that sample viability is not maintained or (iv) impacts the integrity of the laboratory. If customer requests any deviations and or supplies any information that can affect the validity of results, and insists to proceed with testing, a disclaimer to effect is put on the test report. Samples sent by customer to Laboratory shall have a clear marking “Samples for testing purpose and having no commercial value”. Prior to Sample Delivery Acceptance, the entire risk of loss or damage to samples remains with the customer, except where laboratory provides sampling services. Laboratory is also not responsible for variation in characteristics of samples taken up for analysis after holding up for want of clarification from the customer

7.    Sampling by laboratory- Where sampling is done by laboratory, the customer has to ensure that adequate arrangements for drawing samples including but not limited to provision of sampling platforms, port holes, power supply, drinking water, safety and security of men and machine, relevant access or any other cooperation as desired is provided free of cost.  

8.    Sample disposal- Where samples are not consumed in the testing, laboratory dispose of the samples in 2 days (perishable samples) / 7 days (non-perishable samples) from the date of issue of test report unless instructed to store them for an alternate period of time.

III MISCELLANEOUS

1. Turnaround time- Normal turnaround time is time required for testing plus three days. Make sure about your turnaround time at the time of contract.  

2.    It is mandatory for customer to pre-disclose in writing if analysis of sample is for any legal purpose.

3.    These terms and conditions constitute an inherent part of all contracts executed and acceptance of any contract constitutes an acceptance by the customer to do business under these, and an agreement to be bound by these whether exclusively signed or not.

4.  Liability: Under no circumstances, whether arising in contract, tort (including negligence), or otherwise, laboratory is responsible for loss of use, loss of profits, or for any special, indirect, incidental or consequential damages occasioned by the services performed or by application or use of the reports prepared. The financial liability of the laboratory is limited to the maximum extent to fees charged.

5.    Accreditation and certifications- The laboratory provides documents of its accreditation, certifications, recognitions etc. on its website. Its customer’s responsibility to check the validity before issue of work order and satisfy himself in all respects and provide laboratory with notice in writing, prior to Sample Delivery Acceptance, of all accreditations or certifications that it will require laboratory to hold during performance of services.

6.    The laboratory does not deal with customer’s customer or service provider unless there are clear written instructions prior to execution of work.

7.    Force majeure- If laboratory is delayed at any time in performing services by an act, including, but not limited to, acts of God, of any governmental authority, strikes or other labour disputes, natural disasters, accidents, wars, civil disturbances, equipment breakdown, unavailability of supplies from usual suppliers, difficulties or delays in transportation, mail or delivery services, or any other cause beyond laboratories reasonable control; the time for completion of such services shall be extended based upon the impact of the delay without any liabilities on laboratory.

8.    Agreement and jurisdiction- These terms and conditions, together with work order or any duly authorized and executed addendum, embody the whole agreement of the parties and provide the only remedies available to the Customer. No modification or waiver of any provision of these terms and conditions shall be binding on either party unless made in writing and executed by the Customer and Laboratory. The invalidity or unenforceability, in whole or in part of any provision, guidelines hereof shall not affect in any way the validity or enforceability of the remainder to these terms and conditions, the intent of the parties being that the provisions be severable. All disputes are subject to jurisdiction of Thane, Maharashtra, India.

9.  Decision rule: This is to inform that wherever statement of conformity is given on the test reports the decision rule is decided with discussion and agreement with the customer as below:

10.  If customer agrees where the measurement of uncertainty has an impact on the test results the sample is given as fail.

11.  Where the measurement of uncertainty has an impact on the test results the decision rule is applied as per ILAC G8 model.

12.  Where the decision rule is prescribed by the customer or regulations or normative documents further consideration level of this risk is not done.

OR

13.  If the conformity statement is not desired by the customer the decision rule will not be applicable.