Test Request Form For Arvind Life Style: CIN: U72501KA1996PTC020653
Test Request Form For Arvind Life Style: CIN: U72501KA1996PTC020653
Test Request Form For Arvind Life Style: CIN: U72501KA1996PTC020653
Plot No.328, Phase IV, Udyog Vihar 82/A, 3rd Main,West Wing, Aristo International Building.
Gurgaon-122015, Haryana, India Electronic City West Phase,Hosur Road 1st Floor No. 14, Mahaveer Colony Sabapathipuram
Tel: +91-124-4422130,4422146 Bangalore – 560 100, India Tirupur-641601, Tamilnadu India
Fax:+91-124-4422151 Tel : 91-80-67233517 Tel: + 91-421-4001313,
Email: [email protected]
CIN: U72501KA1996PTC020653
Is this a Re-Test?
Is this a Re-Test? Is this a Re-Test?
Yes, previous report no. is
Yes, previous report no. is Yes, previous report no. is
We request for the above tests and agree that all testing will be carried out subject to TÜV Rheinland (India) Pvt. Ltd’s scale of charges as set forth in their prevalent
price list of which we have seen a copy and upon and subject to the terms and conditions set out hereon and overleaf.
0
Authorized Signature and Company Chop 0rolr
(P.T.O./ See the next page for General Terms and Conditions )
Santhosh/Yuvaraj
Date: 24/06/2016
Note: To avoid any delay, the applicant should fill the test requisition form clearly.
General Terms and Conditions of Business of TÜV Rheinland (India) Pvt Ltd
1. Scope 8. Payment terms d) the receiving party developed it itself, irrespective of
1.1 The following terms and conditions apply to agreed services including 8.1 All invoice amounts shall be due for payment on receipt of the disclosure by the disclosing party, shall not be deemed to
consultancy services, information, deliveries and similar services as invoice, subject only to statutory deductions as per applicable constitute “confidential information” as defined in this
well as ancillary services and other secondary obligations provided tax laws. No discounts shall be granted. agreement.
within the scope of contract performance. 8.2 Payments shall be made to the bank account of TÜV
e) It is mandated by law or by an order of the Courts to
Rheinland(India) Pvt Ltd as indicated on the invoice, stating
1.2 If there is any conflict between these terms and conditions and the disclose such information.
the invoice and customer numbers.
client’s General Terms and Conditions of Business, including the
10.6 All confidential information shall remain the property of the
client’s Terms and Conditions of Purchasing, if any, these terms and 8.3 In cases of default of payment, TÜV Rheinland (India) Pvt Ltd
disclosing party. The receiving party hereby agrees to
conditions shall apply. No contractual terms and conditions of the shall be entitled to claim default interest at a rate of 18% p.a.
immediately (i) return all confidential information, including all
client shall form part of the contract unless specifically referred to or At the same time, TÜV Rheinland (India) Pvt Ltd deserves the
copies, to the disclosing party, and/or, on request by the
incorporated in the documents forming the contract with the client. right to claim further damages.
disclosing
2. Quotations 8.4 Should the client default in payment of the invoice despite party, to (ii) destroy all confidential information, including all
Unless otherwise agreed, all quotations submitted by TÜV Rheinland being granted a reasonable grace period, TÜV Rheinland copies,
(India) Pvt Ltd shall be subject to change without notice. (India) Pvt Ltd shall be entitled to cancel the contract, and confirm the destruction of this confidential information to
withdraw the certificate, claim damages for non-performance the
3. Coming into effect and duration of contracts and refuse to continue performance of the contract. TUV disclosing party in writing, at any time if so requested by the
3.1 The contract shall come into effect for the agreed term upon the Rheinland (India) Pvt Ltd also reserves the right to publish the disclosing party but at the latest and without special request
quotation letter of TÜV Rheinland (India) Pvt Ltd or a separate names of defaulting clients in public domain as may be fit and after
contractual document being signed by both contracting parties, or also meet any other requirements as prescribed by termination or expiry of this contract. This does not extend to
upon the works requested by the client being carried out by TÜV accreditation agencies/bodies. include reports and certificates prepared for the client solely for
Rheinland (India) Pvt Ltd . If the client instructs TÜV Rheinland (India) the purpose of fulfilling the obligations under this contract,
8.5 The provisions set forth in article 8.4 shall also apply in cases
Pvt Ltd without receiving a prior quotation from TÜV Rheinland (India) which shall remain with the client. However, TÜV Rheinland
involving returned cheques, cessation of payment,
Pvt Ltd (quotation), TÜV Rheinland (India) Pvt Ltd is – in its sole (India) Pvt Ltd is entitled to make file copies of such reports,
commencement of insolvency proceedings against the
discretion – entitled to accept the order by giving written notice of such certificates and confidential information that forms the basis for
client’s assets or cases in which the commencement of
acceptance (including notice sent via electronic means) or by preparing these reports and certificates in order to evidence the
insolvency proceedings has been dismissed due to lack of
performing the requested services. correctness of its results and for general documentation
assets.
3.2 The contract term starts upon the coming into effect of the contract in purposes.
accordance with article 3.1 and shall continue for the term agreed in 8.6 Objections to the invoices of TÜV Rheinland (India) Pvt Ltd 10.7 From the start of this contract and for a period of three years
the contract. shall be submitted in writing within two weeks of receipt of the after termination or expiry of this contract, the receiving party
4. Scope of services invoice. shall maintain strict secrecy of all confidential information and
4.1 The scope of the services shall be decided solely by a unanimous shall not disclose this information to any third parties or use it
8.7 TÜV Rheinland (India) Pvt Ltd shall be entitled to demand
declaration issued by both parties. If no such declaration exists, then for itself.
appropriate advance payments.
the written confirmation of order by TÜV Rheinland (India) Pvt Ltd
11. Copyrights
shall be decisive. 8.8 TÜV Rheinland (India) Pvt Ltd shall be entitled to raise its 11.1 TÜV Rheinland (India) Pvt Ltd shall retain all exclusive and joint
fees at the beginning of a month if overheads and/or
4.2 The agreed services shall be performed in compliance with the copyrights in the expert reports, test results, calculations,
purchase costs have increased. In this case, TÜV Rheinland
regulations in force at the time the contract is entered into. presentations etc. prepared by TÜV Rheinland (India) Pvt Ltd.
(India) Pvt Ltd shall notify the client in writing of the rise in
4.3 Furthermore, TÜV Rheinland (India) Pvt Ltd is entitled to determine (in fees. This notification shall be issued one month prior to the 11.2 The client may only use expert reports, test results,
its sole discretion) the method and nature of the assessment unless date on which the rise in fees shall come into effect (period of calculations, presentations etc. prepared within the scope of the
otherwise agreed in writing or if mandatory provisions require a notice of changes in fees). If the rise in fees remains under contract for the contractually agreed purpose.
specific procedure to be followed. 5% per contractual year, the client shall not have any special
11.3 The client may use test reports, test results, expert reports, etc.
right of termination. If the rise in fees exceeds 5% per
4.4 On execution of the work there shall be no simultaneous assumption only complete and unshortened. Any publication or duplication
contractual year, the client shall be entitled to terminate the
of any guarantee of the correctness (proper quality) and working order for advertising purposes needs the prior written approval of
contractual relationship by the end of the period of notice of
of either tested or examined parts nor of the installation as a whole TÜV Rheinland (India) Pvt Ltd.
changes in fees. If the contract is not terminated, the changed
and its upstream and/or downstream processes, organisations, use
fees shall be deemed to have been agreed upon expiry of the 12. Liability of TÜV Rheinland (India) Pvt Ltd
and application in accordance with regulations, nor of the systems on
above period. 12.1. Irrespective of the legal basis and in particular in the event of a
which the installation is based; in particular, no responsibility shall be
breach of contractual obligations and tort, the liability of TÜV
assumed for the construction, selection of materials and assembly of 8.9 Only legally established and undisputed claims may be offset
Rheinland (India) Pvt Ltd for all damage, loss and
installations examined, nor for their use and application in accordance against claims by TÜV Rheinland (India) Pvt Ltd.
reimbursement of expenses caused by legal representatives
with regulations unless these questions are expressly covered by the
9. Acceptance and/or employees of TÜV Rheinland (India) Pvt Ltd shall be
contract.
9.1 Any part of the work ordered which is complete in itself may limited to: (i) in the case of contract with a fixed overall fee, an
4.5 In the case of inspection work, TÜV Rheinland (India) Pvt Ltd shall not be presented by TÜV Rheinland (India) Pvt Ltd. for amount equal to the overall fee for the entire contract; (ii) in the
be responsible for the accuracy or checking of the safety programmes acceptance as an instalment. The client shall be obliged case of contracts for annually recurring services, an amount
or safety regulations on which the inspections are based, unless to accept it immediately. equal to the agreed annual fee; (iii) in the case of contracts
otherwise expressly agreed in writing. expressly charged on a time and material basis to a maximum
9.2 If the client fails to fulfil its acceptance obligation of Rs10,00,000/=( Rupees Ten Lacs only). and (iv) in the case
5. Performance periods/dates immediately, acceptance shall be deemed to have taken of framework agreements that provide for the possibility of
5.1 The contractually agreed periods and dates of performance are based place 4 calendar weeks after performance of the work if TÜV placing individual orders, to an amount equal to three times the
on estimates of the work involved which are prepared in line with the Rheinland (India) Pvt Ltd has specifically made the client fee for the individual order under which the damage occurred.
details provided by the client. They shall only be binding if confirmed aware of the aforementioned deadline upon performance of The maximum liability of TÜV Rheinland (India) Pvt Ltd is
as binding by TÜV Rheinland (India) Pvt Ltd in writing. the service. limited in any event of damage or loss to the contract value/Rs.
5.2 If binding periods of performance have been agreed, these periods 10. Confidentiality 10,00,000/- ( Rupees Ten Lacs) whichever is lower.
shall not commence until the client has submitted all required 10.1 For the purpose of this agreement, “confidential information” 12.2 The maximum liability of TÜV Rheinland (India) Pvt Ltd is
documents to TÜV Rheinland (India) Pvt Ltd This also applies, even means all information, documents, images, drawings, know- limited in any event of damage or loss to the contract
without express approval by the client, to all extensions of agreed how, data, samples and project documentation which one value/Rs. 10,00,000/- ( Rupees Ten Lacs) whichever is lower.
dates for performance not caused by TÜV Rheinland (India) Pvt Ltd. party (the “disclosing party”) hands over, transfers or 12.3 TÜV Rheinland (India) Pvt Ltd shall not be liable for personnel
otherwise discloses to the other party (the “receiving party”). made available by the client to support TÜV Rheinland (India)
6. The client’s obligation to cooperate
Confidential information also includes paper copies and Pvt Ltd in the performance of its services regulated under this
6.1 The client shall guarantee that all cooperation required on its part, its
electronic copies of such information. contract. The client shall indemnify TÜV Rheinland (India) Pvt
agents or third parties will be provided in good time and at no cost to Ltd against any claims made by third parties for all loss that
TÜV Rheinland (India) Pvt Ltd. 10.2 The disclosing party shall mark all confidential information may be caused to or suffered by TUV Rheinland (India) Pvt Ltd
6.2 Design documents, supplies, auxiliary staff, etc. necessary for disclosed in written form as confidential before passing it on due to acts of omission and commission by the client.
performance of the services shall be made available free of charge by to the receiving party. The same applies to confidential 12.4 The limitation periods for claims for damages shall be based
the client. Moreover, collaborative action of the client must be information transmitted by e-mail. If confidential information is on statutory provisions.
undertaken in accordance with legal provisions, standards, safety disclosed orally, the receiving party shall be appropriately 12.5 None of the provisions of this article 12 changes the burden of
regulations and accident prevention instructions. informed in advance. proof to the disadvantage of the client.
6.3 The client shall bear any additional cost incurred on account of work
10.3 All confidential information which the disclosing party
having to be redone or being delayed as a result of late, incorrect or
transmits or otherwise discloses to the receiving party in 13. Partial invalidity, written form, place of jurisdiction
incomplete information or lack of proper cooperation. Even where a
accordance with this agreement: 13.1 No ancillary agreements to this contract have been concluded.
fixed or maximum price is agreed, TÜV Rheinland (India) Pvt Ltd shall
be entitled to charge extra for such additional expense. a) may only be used by the receiving party for the 13.2 All amendments and supplements must be in writing in order to
7. Invoicing of work purposes of performing the purpose of the contract, be effective; this also applies to amendments and supplements
7.1 If the scope of performance is not laid down in writing when the order unless expressly otherwise agreed in writing with the to the requirement for the written form.
is placed, invoicing shall be based on costs incurred. If no payment is disclosing party; 13.3 Should one or several of the provisions under this contract be
agreed in writing, invoicing shall be in accordance with the TÜV
b) may not be copied, distributed, published or otherwise or become ineffective, the contracting parties shall replace the
Rheinland (India) Pvt Ltd. price list valid at the time of performance.
disclosed by the receiving party, unless this is invalid provision with a legally valid provision that comes
7.2 Unless otherwise agreed, work shall be invoiced according to the necessary for fulfilling the purpose of the contract or closest to the content of the invalid provision in legal and
progress of the work. TÜV Rheinland (India) Pvt Ltd ... is required to pass on commercial terms.
confidential information, inspection reports or 13.4 The place of jurisdiction for all disputes arising in connection
7.3 If the execution of an order extends over more than one month and
documentation to the authorities or third parties that are with this contract shall be Bangalore. This contract is governed
the value of the contract or the agreed fixed price exceeds €2,500.00)
involved in the performance of the contract; by Indian substantive law.
converted into Indian Rupees at the prevailing exchange rates TÜV
Rheinland (India) Pvt Ltd may demand payments on account or in c) must be treated by the receiving party with the same
instalments. level of confidentiality as the receiving party uses to 13.5 All claims, disputes, differences, etc., arising out of and / or
protect its own confidential information, but never with a connected with the contract between TUV and the client shall
lesser level of confidentiality than that which is be
objectively required. resolved through arbitration to be conducted under the
10.4 The receiving party shall disclose any confidential information provisions
received from the disclosing party only to those of its of the Arbitration and Conciliation Act, 1996. The seat of
employees who need this information to perform the services arbitration shall be Bangalore, India. The Arbitral Tribunal shall
required for the subject matter of this contract. The receiving comprise of a Sole Arbitrator to be nominated by the mutual
party undertakes to oblige these employees to observe the consent of TUV and the client. The arbitration proceedings shall
same level of secrecy as set forth in this confidentiality be conducted in the English language only.
clause.
13.6 Subject to resolution of disputes through arbitration, only the
10.5 Information for which the receiving party can furnish proof Courts in Bangalore, India, shall be exclusive jurisdiction over
that: all
a) it was generally known at the time of disclosure or has matters arising out of and / or connected with the contract
become general knowledge without violation of this between TUV and the Client.
agreement; or
b) it was disclosed to the receiving party by a third party
entitled to disclose this information; or Revised: July 2012
c) the receiving party already possessed this information
prior to disclosure by the disclosing party; or