Style Number
Order No.
Manufacturer
Buyer /Agent
Color
Country of Origin
Country of Destination
Quantity
Brand Name
Fiber Content
End Uses
Previous Report No. : /
If there is question or concern regarding the above results, please contact the appropriate lab person below:
General question & concern: Michelle
Customer Service Coordinator
(86)769 81120818 #898
[email protected]
Technical question & concern: Liu Rui Tong, Ray
Deputy General Manager
(86)769 81120818 #889
[email protected]
This test report is governed by the Terms and Conditions, available on request or accessible at http://www.mtsglobal.com/en/terms.html. Attention is especially drawn to the limitations of liability, indemnification and jurisdictional provisions defined
therein. This report is issued strictly based on the testing of the samples submitted by you. The test results in this report refer only to
the sample(s) actually tested and do not refer or be deemed to refer to any bulk production from which such sample(s) may be said to
have been obtained. In the event that MTS was requested to survey and test any bulk production quantity of samples, MTS, in the
absence of any contrary written instructions, performed random sampling of bulk production for testing purposes. Variations in the
conditions under which samples are stored, transported, etc., may lead to variations in the test results. MTS cannot anticipate and shall
not be held responsible for variations in test results that may be due to factors beyond MTS’ control, such as, sample crosscontamination, evaporation of volatile substances due to storage temperature, humidity, etc. This report does not constitute a
recommendation, actual or implied, for any specific course of action. Other than the expressed warranties made in the Terms and
Conditions of the MTS Test Request Form, MTS makes no warranties or representations either express or implied with respect to this
report. In no circumstances whatsoever shall MTS be liablefor any consequential, special or incidental damages arising out of, or in
connection with, this report. As per regulation of China Metrology Accreditation (CMA), a report without CMA accreditation logo will not
serve as testimonial to the public for the purpose defined by CMA regulations.
Modern Testing Services (Global) Limited, its subsidiaries, and its affiliates (collectively, “MTS”) will provide its testing services (“Services”) subject to the terms and
conditions herein contained (“Terms”). The Terms are the only conditions upon which MTS is prepared to deal with the Client, and they shall govern this contract to the entire
exclusion of any other expressed or implied conditions. The Terms may only be modified by a variation expressed specifically in writing signed by a duly authorized
representative of MTS.
1.ACCEPTANCE OF SERVICES. All orders for any Services are subject to acceptance by MTS, and a binding commitment shall not be made unless MTS accepts the order
by writing or the issuance of a written test report (“Report”). The risk and property of the goods shall remain with the Client at all times. In the event that a sample is submitted
with an unsigned Test Request Form (“TRF) and is accepted by MTS in writing or by the issuance of a Report, the Terms shall govern the contract to the entire exclusion of any
other expressed or implied conditions. MTS’ acceptance of a sample submitted with an unsigned TRF shall in no way be treated as a waiver of the Terms, and the Client agrees
that any Services provided by MTS shall be subject to the Terms.
2. EMAIL TRANSMISSIONS.MTS acknowledges that the Client may request to access the ordered Reports by means of e-mail communication. If the Clientrequests to
access its ordered Reports by e-mail transmission, the Client acknowledgesthat such transmissions will not be encrypted and will no longer be confidential. The Client further
acknowledges that such transmissions may be intercepted by third parties and modified inadvertently. MTS disclaims any and all liability arising out of or in connection with email transmissions of Reports. .
3. REPRODUCTION OF REPORTS AND PUBLICITY.Reports shall not be reproduced in full unless prior written authorization from MTS has been attained. Reports
prepared by MTS are issued subject to the condition that they are not to be made public or used in connection with or for the purpose of any advertising, promotional, or
publicity undertaking or material whatsoever without the prior expressed consent in writing of MTS thereto.
4. DISCLAIMER.Any testing is carried out to the best of the knowledge and capability of MTS. The Report reflects the findings of MTS at the time and place of testing and
does not relieve sellers or manufacturers from their contractual liabilities or prejudice buyers’ right for compensation for any apparent and/or hidden defects during the testing
carried out by MTS or occurring thereafter. Any Report results are not a recommendation for any specific course of action.
It shall be the responsibility of the Client to ascertain and notify MTS of the standards with which any sample submitted must comply in any country or territory in which such
sample is intended to be sold. In absence of specific instructions, MTS will adopt the test methods and standards, which in its sole and absolute discretion, are considered
appropriate.
A Report issued by MTS shall refer only to the sample actually tested and shall not refer or be deemed to refer to the bulk from which such sample may be said to have been
obtained. In the event that MTS is requested to survey and test any bulk quantity of samples against contract description or sample, MTS shall, in the absence of contrary
written instructions, cause a random sampling of bulk for testing purposes. The Client shall notify MTS by advance notice in writing if they require a specific percentage of the
bulk to be tested. In no circumstances shall MTS’s responsibility extend beyond testing and reporting upon the samples actually drawn from bulk and tested by MTS and any
inference to be drawn from the result of such testing shall be entirely in the discretion and the responsibility of the Client. MTS shall have no obligation to update the Reports
after its issuance.
MTS will, subject to the Client’s requirements, test any sample submitted to it or sampled by MTS from bulk (the quantity of the bulk from which the sample shall be taken and
the sample shall be agreed between the Client and MTS) to ascertain its conformity or otherwise with contract description or sample (such contract description or sample are to
be provided by the client). In no circumstances will MTS render any opinion as to the description, quantity, or the fitness of any sample for the purpose of which it is said to be
intended unless in any specific case MTS is required to do so and agrees to do so in writing.
5. TURNOVER TIMES.Unless otherwise agreed in writing with the Client, any time periods specified by MTS on the face hereof for performing the Services are business
estimates only and MTS will not be liable to the Client for any loss or damage whatsoever sustained by the Client, including but not limited to additional air freight charges
incurred by the Client as a result of MTS’ failure to comply with such times.
6. DISCLOSURE OF REPORT.In the event that any Report issued by MTS is required for use in connection with or for evidence in any Court or Arbitration proceeding by
the Client, MTS will render all assistance and explanations reasonably required in connection therewith but all costs and expenses incurred by MTS in giving such assistance,
including court appearance, expert testimony, or explanations shall be charged to the account of the Client.
7. RELATIONSHIP OF PARTIES.Nothing herein shall be construed to create a partnership, joint venture, or agency between the parties. Neither party has the authority to
bind the other or incur any obligation on the other party’s behalf.
8. WARRANTY.MTS warrants solely to the Client that the Report will be free of any material error or omission caused by the negligence of MTS or its servants or agents.
Any claim for breach of such warranty shall be made in writing to MTS within sixty (60) days after the date of issuance of the Report, and the Client waives any and all claims
for breach of such warranty unless a timely written claim to MTS is made within the sixty (60) day period. In the event that a timely written claim has been made by the Client,
MTS, at its sole discretion, may either redo the testing to fix the deficiency without charge to the Client or refund the Client in the amount of the fee paid, free of interest.
9. INDEMNIFICATION.In the event that MTS shall suffer any loss or damage as a result of MTS and/or its servants and/or its agents carrying out or providing the Services to
the Client or on goods supplied by or at the direction of the Client other than as a result of its error, negligence or willful default, then the Client shall indemnify MTS and
compensate MTS for such amount of loss or damage suffered.
MTS PROVIDES REPORTS, RECOMMENDATIONS, AND ADVICE RELYING ON THE INFORMATION PROVIDED BY THE CLIENT AND ITS AFFILIATES. MTS
SHALL NOT BE HELD LIABLE FOR ANY CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF SERVICES PERFORMED IN CONSIDERATION OF THE
INCORRECT OR INCOMPLETE INFORMATION AND INSTRUCTIONS RECEIVED FROM THE CLIENT OR ITS AFFILIATES. IN ANY EVENT THAT MTS IS HELD
LIABLE FOR ANY CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF SERVICES PERFORMED IN CONSIDERATION OF THE INCORRECT OR
INCOMPLETE INFORMATION AND INSTRUCTIONS RECEIVED FROM THE CLIENT OR ITS AFFILIATES, THE CLIENT SHALL FULLY GUARANTEE AND
INDEMNIFY MTS FOR ANY LOSSES, DAMAGES, OR EXPENSES SUFFERED FROM SUCH CLAIMS, INCUDING BUT NOT LIMITED TO ATTORNEY’S FEES.
10. LIMITED LIABILITY.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF
LIABILITY, EVEN IF MTS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MTS AND ITS AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO FIVE (5) TIMES THE TESTINGCOST
OF THE PARTICULAR SERVICE PERFORMED WHICH GIVES RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS
REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
In the event that MTS is found liable for any loss, damage, or destruction of the goods that are subject to be tested by MTS caused by the error, negligence, or willful default or
act of MTS or its servants or agents, then, in any such case, the liability of MTS shall be limited to the lesser of: (i) the invoice price of the goods or (ii) five (5) times the fee
paid in relation to the Services provided by MTS, free of any interest.
11. DISPOSAL OF SAMPLES.Without prejudice to MTS’s lien and other rights under Clause 14 hereof, samples not destroyed in course of testing may at the sole discretion
of MTS deemed abandoned and/or destroyed at the expiration of a period of thirty (30) days from the date of the Report unless special arrangements have been made in advance
with the Client in writing in regards to the disposal thereof.
12. PAYMENT. In the event that the payment terms are not established or negotiated between MTS and the Client, MTS’ standard rates (which are subject to change) and all
applicable taxes shall govern as the payment terms for MTS’ services.
Client agrees to make prompt payment within thirty (30) days from the invoice date or within such other period as may be established by MTS as the “Due Date.” In the event
that the Client owes payment under any overdue invoices, MTS reserves the right to suspend all further performance of its Services and withhold the issuance of any Reports
until payment of all sums owing to MTS under the aforesaid invoice(s) together with interest at the rate of 1.5% per month thereon. The Client agrees to reimburse MTS for any
costs it incurs in collecting overdue payment, including but not limited to court costs and fees and attorney expenses and collection agencies. Client shall not be entitled to retain
or defer payment of any sums due to MTS on account of dispute, counterclaim, or set off which it may allege against MTS.
In any event that the Client requests invoices for Services to be issued to third parties, including but not limited to, agents, vendors, and factories, the invoiced third party must
meet local credit requirements for the country where the invoice is issued, which may include partial or full prepayment. Payment of invoices issued to the requested third
parties shall remain the responsibility of the Client and shall be reissued to the Client in any event that the invoices remain unpaid for longer than sixty (60) days. MTS reserves
the right to suspend Services and/or change payment terms to full prepayment for Clients with overdue invoices of ninety (90) days or more.
13. ARBITRATION AND CHOICE OF LAW.Any dispute, difference or claim arising out of or in connection with the Terms, or the breach, terminations or invalidity thereof
if not settled between the parties shall be settled by arbitration. The parties hereto may agree to the appointment of an arbitrator or, failing agreement within fourteen (14) days
after either party has given to the other a written request to concur in the appointment of an arbitration, either party may request the Hong Kong International Arbitration Centre
(“HKIAC”) to appoint an arbitrator. The place of arbitration shall be in Hong Kong SAR at HKIAC. There shall be only one arbitrator. The language to be used in the arbitral
proceedings shall be English.
The arbitration award shall be given in writing and shall be final and binding on the parties, not subject to any appeal, and shall deal with the question of costs of arbitration and
all matters thereto. Judgment upon the award rendered may be entered into any court having jurisdiction or application may be made to such court for a judicial recognition of
the award or an order of enforcement thereof, as the case may be.
The agreements and contracts to which these Terms apply shall be construed in accordance with and governed by the laws of Hong Kong Special Administrative Region, and for
the purpose of legal proceedings, this agreement shall be deemed to have been executed in Hong Kong and to be performed there.
14. MTS’ RIGHTS UNDER NON-PAYMENT.Without prejudice to all or any right MTS may have at Common Law, MTS has the following rights in the event of nonrepayment or otherwise as set forth below:
15. FORCE MAJEURE. MTS shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations hereunder where the
same is occasioned by any cause whatsoever that is beyond MTS’ control including but not limited to an Act of God, war, civil disturbance, requisitioning, governmental or
parliamentary restrictions of any kind, import or export regulations, strike lockout or trade dispute (whether involving its own employees or those of any other persons),
difficulties in obtaining workmen, breakdown of machinery, and fire or accident. Should any such events occur, MTS may cancel or suspend the contract in question without
incurring any liability whatsoever for any loss or damage thereby occasioned.
In the event that MTS is prevented by any reason whatsoever outside MTS’ control from performing and completing its Services for an order made by the Client, the Client
agrees to pay MTS the amount of all abortive expenditures incurred and a percentage of the agreed fee equal to the percentage of the service actually performed. In such event
MTS shall be discharged from all responsibility for any and all non-performance of the ordered Services.
In the event that any unforeseeable time or costs are incurred in the course of performing its services, MTS shall be entitled to render the additional charges to the Client to
reasonably reflect the extra time and costs incurred.
16. DELEGATION OF PERFORMANCE. MTS, at its discretion, shall be entitled to delegate the performance of the whole or any part of the Services contracted for with the
Client to any agent or subcontractor.
17. SEVERABILITY AND ENTIRETY.These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as
written, MTS and Client will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the
entire contract between MTS and the Client regarding the Services. The Terms supersede any prior contract or oral or written statements regarding the Services.
18. WAIVER. The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these
Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other
instance; rather, the same will remain in full force and effect.
(a) MTS has a general and particular lien over all samples delivered to be tested for all claims and money owing by the client to MTS under any contract whatsoever
and in any other way whatsoever.
(b) Until the contract sums together with interest has been received, during the currency of the said lien, MTS is entitled to be paid reasonable storage charges for
samples retained in MTS’s custody.
(c) In case any lien not satisfied within a reasonable time from the date upon which MTS first gave notice of the exercise of their lien to the client, the samples in its
custody may be sold and the proceeds of sale may be applied to the satisfaction of every such lien and all interest, other charges and expenses in relation thereto.