KONLAB’s Terms and Conditions

1. The applicant (hereinafter referred to as the “Client’’) applies to KONLAB (hereinafter to as the “Company’’) for relevant services on a voluntary basis.
2.1 Test Reports and/or Inspection Certificates are issued by the Company with reasonable care and appropriate skill on the basis of relevant documents, and where and when applicable, samples provided by the Client and in accordance with Client’s specific instructions. Reports and/or Certificates will reflect the facts as recorded by the Company at the time and place of inspection. For the same commodity, different inspection results issued by the Company or other inspection companies at different time, location or using different inspection methods, technology or instruments, does not in any circumstances whatsoever constitute any legal excuse or reason for lodging a claim against the Company.
2.2 In case the Client requests the Company to perform the services using specific testing methods or technology, the Client shall expressly inform these requirements to the Company. After the Company performs any test(s), inspection and/or surveying and issues Test Reports and/or Inspection Certificates using inspection methods or technology specifically requested by the Client, the Client shall not lodge any claim based on different results obtained by using other testing methods or technology.
2.3 The issuing of Test reports and Inspection Certificates by the Company does not release the Client form any rights, interests and/or obligations stipulated in the relevant contract. The Company is not subject to or bound by any opposing stipulations.
2.4 Test Reports and/or Inspection Certificates issued by the Company, according to samples provided by the Client, do not express any conclusion upon the lot from which the samples were drawn. The Client shall inform the Company expressly in advance for the arrangement of sampling the whole lot if necessary.
2.5 In case the Client request the Company to witness any third party intervention, the Client agrees that the Company’s sole responsibility is to be present at the time of the third party’s intervention and to forward the results, and to confirm the process of events occurring. The Client agrees that the Company is not responsible for the calibration or accuracy of instruments and measuring devices used, the analysis methods applied or the qualifications of third party personnel and/or their analysis results.
3.1 The Company is only liable for inspection results that are seriously inconsistent with the facts. The company's liability arising from such a situation cannot, under any circumstances, exceed ten times the total amount of the fee or commission paid for the service provided.
The Company is not liable for any indirect or consequential losses, including loss of profits expected from a contract with a third party, loss of future business or customers, or loss of production and non-compliance with the contract. Where supervision fees or commissions are made in several partial payments; The oversight item fee covering only serious errors (and not the entire fee or commission paid or expected to be paid to the Company) is calculated as the basis for compensation.
3.2 In the event of any claim due to serious mistakes in the Test Reports and/or Inspection Certificates of the Company, the Client must lodge the claim against the Company within 12 months from the date of contract –signing with the Company. The method of claim may include requesting the Company directly for compensation, suing at a court of law or applying for arbitration. The Company shall be discharged from all liability for claims lodged out-side of the stipulated period.
3.3 The Company performs the inspection, the issuing of the Test Reports and/or Inspection Certificates at the mutually agreed date, exclusive of the cases in which situations and conditions beyond the Company prevent it to do so.
4.1 In case the Company receives documents reflecting contractual arrangements between the Client and third parties or third party documents, such as copies of sale contracts, letters of credit, bills of lading, etc., they are considered to be for information only, and do not extend or restrict the scope of the service or the obligations accepted by the Company.
4.2 The Client will ensure that sufficient information, instructions and documents are given to the Company in due time to enable the required services to be performed. The Company shall not be regarded as breaching any contract and will be released from all liability for delayed testing, inspection, surveying or issuing of Test Reports and/or Inspection Certificates due to delayed sufficient information provided by the Client.
4.3 The Company is not liable for or due to any consequences resulting from incorrect, omitted or false documents and/or information provided by the Client.
4.4 For the Company’s service validity, the Client shall provide accurate, valid telephone/fax numbers, e-mail and location address details to Company to ensure correct communication between parties. The Client shall inform the Company of any changes in such contact details. Otherwise, the Company is not responsible for any delayed delivery thereof.
5.1 All samples shall be retained by the Company for 90 days from the date of issuing the Test Reports and/or Inspection Certificates except if otherwise agreed in writing. The Company may, at its discretion, dispose of those samples retained for more than the 90 days or over any other prior mutually agreed period. The Company may return samples to the Client as per Client’s prior request with all relevant expense to do being borne by the Client. Storage of samples for more than 2 weeks out of the agreed period shall incur a storage charge payable by the Client.
5.2 The Company only provides the place for retaining samples and is not liable for any damage, reduction or loss of samples.
5.3 Client shall expressly inform the Company of the characteristics, methods and duration of storage for samples and any known hazards or dangers, etc. In case of highly noxious or dangerous samples being involved, the Company is entitled to request the Client to provide a relevant place for storage.
5.4 In case any law enforcement; agency seals, detains or removes the samples or any other legal action is taken in relation to the samples, the Company will no longer be responsible for retaining the samples and the Client will not be entitled to any claim for compensation.
6.1 The Client will pay the agreed amount of fees in the appropriate time period. In case the relevant clause is unclear, the Client shall pay the fees within 30 days upon the Company issuing the Payment Notice/Invoice. In case the Client has objections regarding the Payment Notice/Invoice, it must inform the Company within 10 days upon receiving the Payment Notice/Invoice. Otherwise, the amount notified is to be regarded as accepted by Client. In case of failing to pay the amount due in time, a penalty for breach of contract will be incurred on the Client at a rate of 0.1% per day from the due date until payment is actually received.
6.2 The Client shall not be entitled to retain or defer payment of any amounts due to the Company on any financial dispute, or delay to compensate the Company.
6.3 During the course of testing, inspection, surveying or other services, the Company shall be entitled to immediately and without liability either suspend or terminate service provisions in the event of any suspension of payment, insolvency, cessation of business or bankruptcy by the Client. If the Company is unable to perform all or part of the services due to any such afore-described situation, the Company shall take no responsibility for violation of contract and nevertheless be entitled to payment of all fees and expenses equal to the proportion of the services actually carried out.
6.4 Client shall pay all fees and expenses actually incurred by the Company for suspension of services as result of the Client’s own reasons.
6.5 The Company will endeavor to inform the Client accordingly in the event of any unforeseen problems or expenses arising during and during the performance of the required services. Unless the Client notifies the Company in writing to suspend or terminate the service in this case, the Company is entitled to charge additional fees to cover the additional time and costs required to fulfill this obligation.
7. Any affiliate companies, representative offices or testing, inspection companies having Cooperation Agreement with the Company may perform the whole or part of the service contract on the Company’s behalf.
8.1 Client will take all necessary steps to eliminate any obstacles to the performance of the required services. The Client will ensure that all necessary measures are taken with reasonable care for safety and security at working locations.In case of failing to do so, the Company and its staff are entitled to refuse work at the said locations. The Client shall be liable for compensation from any damage or losses to the Company in case of insufficient safety protections.
8.2 The Client shall notify the Company in advance in writing of any goods or samples or analysis/inspection known to be actually or potentially risky or hazardous, including, for example, the presence or risk of radiation, toxic or harmful elements or materials, environmental pollution or poison. The Client will take full responsibility for personnel injury, damage or loss of property owned by the Company due to non-performance of such notice.
9.1 Once a written application form or customer work order for services is signed, it becomes a binding contract between the two parties. The content of all relevant documents cannot be changed, reduced or waived without mutual written consent.
9.2 Client work orders will be deemed invalid unless they have the legal seal of the organization or the signature of their representatives.
9.3 The Client guarantees the accuracy of the content provided for the requested services and assumes all liability for incorrect oversight results or other losses resulting from incorrect and/or inaccurate information provided.
10. In case the Client request the samples provided by them (having been tested at the Company’s laboratory) to be tested at any third party laboratory, the Company shall not be responsible for the third party laboratory results. Upon request, the Company can only issue certificate indicating the origin of samples and the fact of sending the samples to the third party laboratory.
11. The Company is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should otherwise obtain appropriate insurance.
12. The Client should not, under any circumstances, alter, adjust or hinder the contents and appearance of the Company’s reports or certificates.
13. The Company accepts no liability in case the Client acts contrary to the relevant legislation in Turkey or abroad, has a business venture involving restricted or prohibited goods, or has an import/export purpose.
14. These terms and conditions shall be governed by and interpreted in accordance with the laws of the Republic of Turkey. All disputes arising in connection herewith shall be settled according to the specific jurisdiction stipulations between the Client and the Company.
15. These terms and conditions are drafted in Turkish, English and Chinese languages. In the event of any discrepancy in interpreting, the Turkish version shall prevail.