Common use of Scope and Provision of Services Clause in Contracts

Scope and Provision of Services. 3.1 The scope of the Services to be provided will be determined and governed by the applicable Order, these Terms, and the relevant testing and/or certification standards. In the event of a conflict of inconsistency, these Terms shall prevail to the extent of the inconsistency. 3.2 ExT&C will provide the Services in a manner consistent with accepted good practice and in accordance with any and all applicable standards and regulations to the Services, as such are in force at the time of ExT&C’s acceptance of the relevant Order. 3.3 ExT&C is entitled to determine (in its sole discretion) the method and nature of the provision of Services unless otherwise agreed in writing, or if the law requires a specific procedure to be followed in relation to the relevant Services. 3.4 The Client accepts and agrees that ExT&C does not give any warranty or guarantee as to the quality, correctness or working order of the Client’s tested or examined item, product, parts or process nor of any Client product or process as a whole (including, without limitation, upstream and/or downstream processes, use and application in accordance with regulations, any systems on which the item, part or product is based or installed). In particular, no responsibility shall be assumed for the construction, selection of materials or assembly of product or parts examined, nor for their use and application in accordance with any law unless such matters are expressly agreed by ExT&C in writing as part of the Services in an Order. 3.5 Where ExT&C agrees to undertake inspection work, ExT&C shall not be responsible for the accuracy or verification of the safety programs or safety regulations on which the inspections are based, unless otherwise expressly agreed by ExT&C in writing. 3.6 Testing services at any Client facility is subject to ExT&C’s prior written consent and on such conditions (and at such direction) as ExT&C deems fit or requires. 3.7 Client attendance at the performance of any testing services is only with ExT&C’s prior written consent and on such conditions (and at such direction) as ExT&C deems fit or requires. The Client releases and indemnifies ExT&C from and against all claims, loss and damage the Client (and, without limitation, the Client's employees, contractors and agents) of any kind suffer or may suffer by attendance at the performance of any testing services.

Scope and Provision of Services. 3.1 The scope of the Services to be provided will be determined and governed by the applicable Order, these Terms, and the relevant testing and/or certification standards. In the event of a conflict of inconsistency, these Terms shall prevail to the extent of the inconsistency. 3.2 ExT&C ExTC will provide the Services in a manner consistent with accepted good practice and in accordance with any and all applicable standards and regulations to the Services, as such are in force at the time of ExT&CExTC’s acceptance of the relevant Order. 3.3 ExT&C ExTC is entitled to determine (in its sole discretion) the method and nature of the provision of Services unless otherwise agreed in writing, or if the law requires a specific procedure to be followed in relation to the relevant Services. 3.4 The Client accepts and agrees that ExT&C ExTC does not give any warranty or guarantee as to the quality, correctness or working order of the Client’s tested or examined item, product, parts or process nor of any Client product or process as a whole (including, without limitation, upstream and/or downstream processes, use and application in accordance with regulations, any systems on which the item, part or product is based or installed). In particular, no responsibility shall be assumed for the construction, selection of materials or assembly of product or parts examined, nor for their use and application in accordance with any law unless such matters are expressly agreed by ExT&C ExTC in writing as part of the Services in an Order. 3.5 Where ExT&C ExTC agrees to undertake inspection work, ExT&C ExTC shall not be responsible for the accuracy or verification of the safety programs or safety regulations on which the inspections are based, unless otherwise expressly agreed by ExT&C ExTC in writing. 3.6 Testing services at any Client facility is subject to ExT&CExTC’s prior written consent and on such conditions (and at such direction) as ExT&C ExTC deems fit or requires. 3.7 Client attendance at the performance of any testing services is only with ExT&CExTC’s prior written consent and on such conditions (are also subject to clauses 4.2, 5 and at such direction) as ExT&C deems fit or requires10 of these Terms. The Client releases and indemnifies ExT&C from and against all claims, loss and damage ExTC is not liable to the Client (and, without limitation, for any Client loss or claims to the Client's employees, contractors and agents) of extent Services are not performed within or before any kind suffer agreed or may suffer by attendance at the performance of any testing servicesestimated delivery date or period.