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Rules and Regulations

labTEX Services (‘labTEX’), will conduct, at the request of the submitter (‘Customer’), the required tests in accordance with, and subject to, the following terms and conditions:

i.    All orders for tests are subject to acceptance by labTEX, and no order will constitute a binding commitment of labTEX unless and until such order is accepted by labTEX, as evidence by the issuance of a written report ('Test Report') by labTEX. The test report is issued solely by labTEX, is intended for the exclusive use of customer and shall not be published, used for advertising purpose, copied or replicated for distribution to any other person or entity or otherwise publicly disclosed without the prior written consent of labTEX . labTEX shall not be liable for any loss or damage whatsoever resulting from the failure of labTEX to provide its services within any time period for completion estimated by labTEX. If customer anticipates using the Test Report in any legal proceeding, arbitration, dispute resolution forum or other proceeding, the customer shall so notify labTEX prior to submitting the sample for testing.

ii.    The names, service marks, trademarks, and copyrights of labTEX and its affiliates, including the names 'labTEX' 'labTEX Services'. (Collectively, the "Marks") are and shall remain the sole property of labTEX or its affiliates and shall not be used by customer except solely to the extent that customer obtains the prior written approval of labTEX and then only in the manner prescribed by labTEX. Customer shall not contest the validity of the Marks or take any action that might impair the value or goodwill associated with the marks or the image or reputation of labTEX or its affiliates.

iii.    The Test Report will set forth the findings of labTEX solely with respect to the test samples identified therein and, unless specifically and expressly indicated in the Test Report, the results set forth in such Test Report will not be indicative or representative of the quality or characteristics of the lot from which a test sample will be taken. The Test Report will reflect the findings of labTEX at the time of testing only, and labTEX shall have no obligation to update the Test Report after its issuance. The Test Report will set forth the results of the tests performed by labTEX based upon the written information provided to labTEX as set forth in, or attached to, this Test Request Form. The Test Report will represent the entire understanding of the parties hereto with respect to the subject matter of the Test Report and no modification, variance, extrapolation or conclusion with respect thereto shall be permitted without the prior written consent of labTEX.

iv.    labTEX may, in its sole discretion, destroy samples which have been furnished to labTEX for testing and which have not been destroyed in the course of testing. labTEX may delegate the performance of all or a portion of the services contemplated hereunder to an affiliate, agent or subcontractor of labTEX, and customer to such delegation.

v.    Credit facility and credit limit depends on the business/ credit agreement between labTEX Services and customer.

vi.    labTEX may, from time to time, permit customer to access relevant Test Request Form, the Test Report, and other communications by means of e-mail transmissions with labTEX. Customer acknowledges that any such transmission will not be encrypted and, hence, will not be confidential, that such transmission may be read and intercepted by third parties and the electronic version of a Test Request Form, the Report or other communication could be modified inadvertently. labTEX disclaims any and all responsibilities or liabilities arising out of or in connection with e-mall transmissions of such Information.

vii.    labTEX represents and warrants solely to customer that the Test Report will be free of any material error or omission caused by negligence of labTEX. If customer desires to assert a claim to breach of the foregoing warranty, it must submit a claim to labTEX within 60 days after the date of issuance of the Test Report to customer in a writing that sets forth with particularly the basis of such claim. If labTEX determines that the claim is timely and that abreach of the foregoing warranty has occurred, then labTEX at its option may either (a) re-perform the deficient test, without charge to customer. or (b) refund to customer, without interest, the fee paid to labTEX for such Test Report. Customer waives any and all claims for breach of the foregoing warranty, Including, without limitations, claims that the Test Report is Inaccurate, Incomplete or misleading or that additional or different testing is required, unless and then only to the extent that customer submits a written claim to labTEX within such 60-day period.

viii.    labTEX shall, to the extent of the limitation of liability set forth in section 9, indemnify customer against third party claims asserting a loss arising exclusively from the negligence of labTEX, but only if customer (a) notifies labTEX of the assertion of such claim Immediately upon its being notified and (b) provides to labTEX the option to assume the defense of such claim or participate in such defense.

ix.    Except to the extent of the limited warranty set forth in section 7 or as may otherwise be agreed to in writing by labTEX and notwithstanding any provision to the contrary contained herein or in any test report, no warranty or guarantee, express or implied, including any warranty of merchantability or fitness for a particular purpose or use, is made. In no event whatsoever shall labTEX be liable for any consequential, special or hereunder, including without limitation loss of or damage to property, loss of income, party in connection with or arising out of the services provided by labTEX hereunder. Notwithstanding any provision to the contrary contained herein, under no circumstances whatsoever shall the liability of labTEX in respect of any claim for loss, damage or expense, of whatever nature or magnitude, and however arising, exceed an amount equal to the amount of the fees paid to labTEX for the specific services which gave rise to such claim.

x.    labTEX shall not be liable for any loss or damage resulting from any delay or failure in performance of its obligations hereunder resulting directly or indirectly from any cause that is beyond the control of labTEX. Including, but not limited to, fire, flood, tornado, hurricane or other calamities of nature, war, casualty, accident, embargo, governmental actions, orders of courts or tribunals, non-performance of third parties, strike, lock-out, or other difficulties with employees, inability timely to obtain labor, material, equipment or services through labTEX's usual sources or delays of carriers. If any such event occurs, labTEX may immediately cancel or suspend its performance hereunder without incurring any liability whatsoever to customer.

xi.    These conditions of Testing shall be governed by, and constructed in accordance with the local laws of Bangladesh. Customer waives the right to interpose any counterclaim or set offs of any nature in any litigation arising hereunder. Any proceeding related to the subject matter hereof shall be brought, if at all, in the courts of Bangladesh.

xii.    If there is a discrepancy between the terms and conditions set forth in these conditions of Testing and the terms and conditions set forth (a) at General Price List, (b) in the Test Report or (c) in any other writing other than a master agreement which expressly (i) provides that its terms and conditions shall take precedence over these conditions of Testing and (ii) cross-references this section 12 or the equivalent section at General Price List, the conditions of Testing set forth at www.labtex.com.bd shall govern and any inconsistent provision of this Test Request Form or other writing, as applicable, shall be disregarded. If no conditions of testing are set forth at general price list, then the conditions of Testing set forth herein shall govern.