SOFTLINES

TEST REQUISITION FORM

Please include a copy of this filled form in the package together with the samples for testing
#Service required Regular Shuttle *(100% surcharge / 2 working day)
Express *(50% surcharge / 3 working days) Same day *(150% surcharge / 24 hrs)
Note: Treated as regular if left blank. * Applicable to certain tests only.
Company name R&C IMPEX SRL For Official use only
Address ALEEA I DEPOULUI NR.39, MUN. CRAIOVA, JUD. DOLJ Rpt. No.
Contact person ROTARU CORNEL Mobile 0735852339
Telephon A/C No.
(Ext ) Fax
e
Email nicoleta@[Link]; cornel@[Link]
Pick-up
Invoice to & Delivery
applicant? No, please bill below company:
Company name
Tel: Tel: (+4021)404.81.48 #FORM
Contact NO.: RMN-20144
person
Address
Email: [Link]@[Link]
Telephon (Ext ) Email:
Fax
e
Sample information (Please fill in information and tick applicable boxes. Attach supplement sheet if space is not enough.)
#Buye R&C IMPEX RO Contact person ROTARU CORNEL No. of sample(s)
r
Agent ROTARU CORNEL Manufacturer
Sample description
Colour Sample attached
Style No. Fibre content
PO No. Fabric/garment weight
Please mount face side
#Product end use Men Women Children Infant up
#Care instruction and/or symbols If not provided, labels on the products will be followed.

Test(s) required (Please fill in information and tick applicable boxes. Attach supplement sheet if space is not enough.)
Dimensional stability Physical Eco test #Test method reference
(shrinkage) Tensile strength (woven only) Azo dyes AATCC / ASTM (USA)
Washing Tear strength (woven only) Allergenic dyes ISO (International)
Dry cleaning Seam strength (woven only) Carcinogens dyes BS (UK)
Steaming Seam slippage (woven only) Cadmium Other, please specify:
Appearance retention Bursting strength (knit only) Lead
After washing Pilling Martindale CPSIA
After dry cleaning Pilling Box Please specify age
grade used for
Colourfastness Abrasion resistance
testing
washing Thread per inch / stitch density
Actual laundering Full compliance on CPSIA #Exporting to/ market
Yarn count
Dry cleaning Fabric weight Flammability
Perspiration Formaldehyde Lead (surface/ non surface coating)
Water pH value Sharp points / sharp edges/ small
Light parts Is this a re-test?
Flammability
(For children up to 3 years of age)
Rubbing / crocking Fibre content Yes, previous report
Sharp points / Sharp edges only
no.:
Care label recommendation (Note 3) Phthalates
Other tests, please specify test
methods or special request:
#Comment on test results #Report delivery arrangement (Report will be sent to invoice recipient if no special request.)
Yes No (Please see Note 4) Yes No (Please see Note 6) Other arrangement:
Report release in: English Romanian / English if not marked.
We request for the above test(s) and confirm that all testing will be carried out subject to Intertek ATI Romania scale of charges as set forth
in the prevalent price list of which we agree to and acknowledge observing the Terms & Conditions on forthcoming pages.
Note: #Authorized
1. Photocopy of Test Requisition Form will not be accepted for submission. signature and
2. Customer should retain a copy for own reference and present it for test report collection at our office. company chop
3. For care label recommendation services, additional testing turnaround time will be required when failure
of invoicing
occurs during the initial testing and alternative testing or re-testing under different conditions is needed.
recipient

[Intertek ATI] [F-ITK-7.1-01/ed 27.08.2020]

[266-268 Calea Rahovei, Corp 61, Et.1, Sect. 5, Bucuresti]
[Tel: (+4021)404.81.48]
 4. No comment can be given for test items that related standard or pass/ fail specification is not available.
5. All items with # are compulsory. #Date
6. Handling charge will be applied for overseas delivery.

[Local company name] [Form code XXX]

[Local address]
[Contact]
 documents and materials provided by the Client (without any duty to confirm or verify the
Intertek Terms & Conditions : accuracy or completeness thereof) in order to provide the Services;
(d) that any samples provided by the Client to Intertek will be shipped pre-paid
1. INTERPRETATION and will be collected or disposed of by the Client (at the Client's cost) within thirty (30) days after
1.1 In this Agreement, the following words and phrases shall have the following meanings testing unless alternative arrangements are made by the Client. In the event that such samples are
unless the context otherwise requires: not collected or disposed by the Client within the required thirty (30) days period, Intertek
(a) Agreement means this agreement entered into between Intertek and the reserves the right to destroy the samples, at the Client's cost; and
Client; (e) that any information, samples or other related documents (including
(b) Charges shall have the meaning given in Clause 5.1; without limitation certificates and reports) provided by the Client to Intertek will not, in any
(c) Confidential Information means all information in whatever form or circumstances, infringe any legal rights (including Intellectual Property Rights) of any third party.
manner presented which: (a) is disclosed pursuant to, or in the course of the provision of Services 8. In the event that the Services provided relate to any third party, the Client shall cause any
pursuant to, this Agreement; and (b) (i) is disclosed in writing, electronically, visually, orally or such third party to acknowledge and agree to the provisions in this Agreement and the Proposal
otherwise howsoever and is marked, stamped or identified by any means as confidential by the prior to and as a condition precedent to such third party receiving any Reports or the benefit of
disclosing party at the time of such disclosure; and/or (ii) is information, howsoever disclosed, any Services.
which would- reasonably be considered to be confidential by the receiving party. 9. The Client further agrees:
(d) Intellectual Property Right(s) means copyrights, trademarks (registered or (a) to co-operate with Intertek in all matters relating to the Services and
unregistered), patents, patent applications (including the right to apply for a patent), service appoint a manager in relation to the Services who shall be duly authorised to provide instructions
marks, design rights (registered or unregistered), trade secrets and other like rights howsoever to Intertek on behalf of the Client and to bind the Client contractually as required;
existing (b) to provide Intertek (including its agents, sub-contractors and employees),
(e) Report(s) shall have the meaning as set out in Clause 2.3 below; at its own expense, any and all samples, information, material or other documentation necessary
(f) Services means the services set out in any relevant Intertek Proposal, any for the execution of the Services in a timely manner sufficient to enable Intertek to provide the
relevant Client purchase order, or any relevant Intertek invoice, as applicable, and may comprise or Services in accordance with this Agreement. The Client acknowledges that any samples provided
include the provision by Intertek of a Report; may become damaged or be destroyed in the course of testing as part of the necessary testing
(g) Proposal means the proposal, estimate or fee quote, if applicable, process and undertakes to hold Intertek harmless from any and all responsibility for such
provided to the Client by Intertek relating to the Services; alteration, damage or destruction;
1.2 The headings in this Agreement do not affect its interpretation. (c) that it is responsible for providing the samples/equipment to be tested
2. THE SERVICES together, where appropriate, with any specified additional items, including but not limited to
2.1 Intertek shall provide the Services to the Client in accordance with the terms of this connecting pieces, fuse-links, etc;
Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to (d) to provide instructions and feedback to Intertek in a timely manner;
the Client. (e) to provide Intertek (including its agents, sub-contractors and employees)
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, with access to its premises as may be reasonably required for the provision of the Services and to
the terms of the Proposal shall take precedence. any other relevant premises at which the Services are to be provided;
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory (f) prior to Intertek attending any premises for the performance of the
data, calculations, measurements, estimates, notes, certificates and other material prepared by Services, to inform Intertek of all applicable health and safety rules and regulations and other
Intertek in the course of providing the Services to the Client, together with status summaries or reasonable security requirements that may apply at any relevant premises at which the Services
any other communication in any form describing the results of any work or services performed are to be provided;
(Report(s)) shall be only for the Client's use and benefit. (g) to notify Intertek promptly of any risk, safety issues or incidents in respect
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to of any item delivered by the Client, or any process or systems used at its premises or otherwise
deliver a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such necessary for the provision of the Services;
Report to the applicable third party. For the purposes of this clause an obligation shall arise on the (h) to inform Intertek in advance of any applicable import/ export restrictions
instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the that may apply to the Services to be provided, including any instances where any products,
circumstances, trade, custom, usage or practice. information or technology may be exported/ imported to or from a country that is restricted or
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced banned from such transaction;
by Intertek are done so within the limits of the scope of work agreed with the Client in relation to (i) in the event of the issuance of a certificate, to inform and advise Intertek
the Proposal and pursuant to the Client's specific instructions or, in the absence of such immediately of any changes during the term of the certificate which may have a material impact
instructions, in accordance with any relevant trade custom, usage or practice. The Client further on the accuracy of the certification;
agrees and acknowledges that the Services are not necessarily designed or intended to address all (j) to obtain and maintain all necessary licenses and consents in order to
matters of quality, safety, performance or condition of any product, material, services, systems or comply with relevant legislation and regulation in relation to the Services;
processes tested, inspected or certified and the scope of work does not necessarily reflect all (k) that it will not use any Reports issued by Intertek pursuant to this
standards which may apply to product, material, services, systems or process tested, inspected or Agreement in a misleading manner and that it will only distribute such Reports in their entirety;
certified. The Client understands that reliance on any Reports issued by Intertek is limited to the (l) in no event, will the contents of any Reports or any extracts, excerpts or
facts and representations set out in the Reports which represent Intertek’s review and/or analysis parts of any Reports be distributed or published without the prior written consent of Intertek (such
of facts, information, documents, samples and/or other materials in existence at the time of the consent not to be unreasonably withheld) in each instance; and
performance of the Services only. (m) that any and all advertising and promotional materials or any statements
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek made by the Client will not give a false or misleading impression to any third party concerning the
nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third services provided by Intertek.
party for any actions taken or not taken on the basis of such Report. 10. Intertek shall be neither in breach of this Agreement nor liable to the Client for any
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, breach of this Agreement if and to the extent that its breach is a direct result of a failure by the
abrogate or undertake to discharge any duty or obligation of the Client to any other person or any Client to comply with its obligations as set out in this Clause 4. The Client also acknowledges that
duty or obligation of any person to the Client. the impact of any failure by the Client to perform its obligations set out herein on the provision of
the Services by Intertek will not affect the Client’s obligations under this Agreement for payment of
3. INTERTEK'S WARRANTIES
the Charges pursuant to Clause 5 below.
3.1 Intertek warrants exclusively to the Client:
(a) that it has the power and authority to enter into this Agreement and that it 11. CHARGES, INVOICING AND PAYMENT
will comply with relevant legislations and regulations in force as at the date of this Agreement in 12. The Client shall pay Intertek the charges set out in the Proposal, if applicable, or as
relation to the provision of the Services; otherwise contemplated for provision of the Services (the Charges).
(b) that the Services will be performed in a manner consistent with that level 13. The Charges are expressed exclusive of any applicable taxes. The Client shall pay any
of care and skill ordinarily exercised by other companies providing like services under similar applicable taxes on the Charges at the rate and in the manner prescribed by law, on the issue by
circumstances; Intertek of a valid invoice.
(c) that it will take reasonable steps to ensure that whilst on the Client’s 14. The Client agrees that it will reimburse Intertek for any expenses incurred by Intertek
premises its personnel comply with any health and safety rules and regulations and other relating to the provision of the Services and is wholly responsible for any freight or customs
reasonable security requirements made known to Intertek by the Client in accordance with Clause clearance fees relating to any testing samples.
4.3(f); 15. The Charges represent the total fees to be paid by the Client for the Services pursuant to
(d) that the Reports produced in relation to the Services will not infringe any this Agreement. Any additional work performed by Intertek will be charged on a time and material
legal rights (including Intellectual Property Rights) of any third party. This warranty shall not apply basis.
where the infringement is directly or indirectly caused by Intertek’s reliance on any information, 16. If any invoice is not paid on the due date for payment, Intertek shall have the right to
samples or other related documents provided to Intertek by the Client (or any of its agents or charge, and the Client shall pay, interest on the unpaid amount, calculated from the due date of
representatives). the invoice to the date of receipt of the amount in full at a rate equivalent to 3% per cent per
4. In the event of a breach of the warranty set out in Clause 3.1 (b), Intertek shall, at its own annum above the base rate from time to time of HSBC Bank in the relevant currency.
expense, perform services of the type originally performed as may be reasonably required to 17. INTELLECTUAL PROPERTY RIGHTS AND DATA PROTECTION
correct any defect in Intertek’s performance. 18. All Intellectual Property Rights belonging to a party prior to entry into this Agreement
5. Intertek makes no other warranties, express or implied. All other warranties, conditions shall remain vested in that party. Nothing in this Agreement is intended to transfer any Intellectual
and other terms implied by statute or common law (including but not limited to any implied Property Rights from either party to the other.
warranties of merchantability and fitness for purpose) are, to the fullest extent permitted by law, 19. Any use by the Client (or the Client's affiliated companies or subsidiaries) of the name
excluded from this Agreement. No performance, deliverable, oral or other information or advice "Intertek" or any of Intertek's trademarks or brand names for any reason must be prior approved
provided by Intertek (including its agents, sub-contractors, employees or other representatives) in writing by Intertek. Any other use of Intertek's trademarks or brand names is strictly prohibited
will create a warranty or otherwise increase the scope of any warranty provided. and Intertek reserves the right to terminate this Agreement immediately as a result of any such
6. CLIENT WARRANTIES AND OBLIGATIONS unauthorised use.
7. The Client represents and warrants: 20. In the event of provision of certification services, Client agrees and acknowledges that the
(a) that it has the power and authority to enter into this Agreement and use of certification marks may be subject to national and international laws and regulations.
procure the provision of the Services for itself; 21. All Intellectual Property Rights in any Reports, document, graphs, charts, photographs or
(b) that it is securing the provision of the Services hereunder for its own any other material (in whatever medium) produced by Intertek pursuant to this Agreement shall
account and not as an agent or broker, or in any other representative capacity, for any other belong to Intertek. The Client shall have the right to use any such Reports, document, graphs,
person or entity; charts, photographs or other material for the purposes of this Agreement.
(c) that any information, samples and related documents it (or any of its 22. The Client agrees and acknowledges that Intertek retains any and all proprietary rights in
agents or representatives) supplies to Intertek (including its agents, sub-contractors and concepts, ideas and inventions that may arise during the preparation or provision of any Report
employees) is, true, accurate representative, complete and is not misleading in any respect. The (including any deliverables provided by Intertek to the Client) and the provision of the Services to
Client further acknowledges that Intertek will rely on such information, samples or other related the Client.

[Local company name] [Form code XXX]

[Local address]
[Contact]
23. Intertek shall observe all statutory provisions with regard to data protection including but (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT
not limited to the provisions of the Data Protection Act 1998. To the extent that  Intertek processes RECALL;
or gets access to personal data in connection with the Services or otherwise in connection with this (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; OR
Agreement, it shall take all necessary technical and organisational measures to ensure the security (h) ANY INDIRECT, CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN
of such data (and to guard against unauthorised or unlawful processing, accidental loss, WHEN ADVISED OF THEIR POSSIBILITY).
destruction or damage to such data). 58. ANY CLAIM BY THE CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF
THIS CLAUSE 10) MUST BE MADE WITHIN NINETY (90) DAYS AFTER THE CLIENT BECOMES AWARE
24. CONFIDENTIALITY
OF ANY CIRCUMSTANCES GIVING RISE TO ANY SUCH CLAIM. FAILURE TO GIVE SUCH NOTICE OF
25. Where a party (the Receiving Party) obtains Confidential Information of the other party
CLAIM WITHIN NINETY (90) DAYS SHALL CONSTITUTE A BAR OR IRREVOCABLE WAIVER TO ANY
(the Disclosing Party) in connection with this Agreement (whether before or after the date of this
CLAIM, EITHER DIRECTLY OR INDIRECTLY, IN CONTRACT, TORT OR OTHERWISE IN CONNECTION
Agreement) it shall, subject to Clauses 7.2 to 7.4:
WITH THE PROVISION OF SERVICES UNDER THIS AGREEMENT.
26. keep that Confidential Information confidential, by applying the standard of care that it
uses for its own Confidential Information; 59. INDEMNITY
27. use that Confidential Information only for the purposes of performing obligations under 60. The Client shall indemnify and hold harmless Intertek, its officers, employees, agents,
this Agreement; and representatives, contractors and sub-contractors from and against any and all claims, suits,
28. not disclose that Confidential Information to any third party without the prior written liabilities (including costs of litigation and attorney's fees) arising, directly or indirectly, out of or in
consent of the Disclosing Party. connection with:
29. The Receiving Party may disclose the Disclosing Party's Confidential Information on a (a) any claims or suits by any governmental authority or others for any actual
"need to know" basis: or asserted failure of the Client to comply with any law, ordinance, regulation, rule or order of any
30. to any legal advisers and statutory auditors that it has engaged for itself; governmental or judicial authority;
31. to any regulator having regulatory or supervisory authority over its business; (b) claims or suits for personal injuries, loss of or damage to property,
(c) to any director, officer or employee of the Receiving Party provided that, in each case, the economic loss, and loss of or damage to Intellectual Property Rights incurred by or occurring to any
Receiving Party has first advised that person of the obligations under Clause 7.1 and ensured that person or entity and arising in connection with or related to the Services provided hereunder by
the person is bound by obligations of confidence in respect of the Confidential Information no less Intertek, its officers, employees, agents, representatives, contractors an sub-contractors;
onerous than those set out in this Clause 7; and (c) the breach or alleged breach by the Client of any of its obligations set out
(d) where the Receiving Party is Intertek, to any of its subsidiaries, affiliates or subcontractors. in Clause 4 above;
32. The provisions of Clauses 7.1 and 7.2 shall not apply to any Confidential Information (d) any claims made by any third party for loss, damage or expense of
which: whatsoever nature and howsoever arising relating to the performance, purported performance or
33. was already in the possession of the Receiving Party prior to its receipt from the non-performance of any Services to the extent that the aggregate of any such claims relating to
Disclosing Party without restriction on its use or disclosure; any one Service exceeds the limit of liability set out in Clause 10 above;
34. is or becomes public knowledge other than by breach of this Clause 24;
(e) any claims or suits arising as a result of any misuse or unauthorised use of
any Reports issued by Intertek or any Intellectual Property Rights belonging to Intertek (including
35. is received by the Receiving Party from a third party who lawfully acquired it and who is trade marks) pursuant to this Agreement; and
under no obligation restricting its disclosure; or (f) any claims arising out of or relating to any third party's use of or reliance
36. is independently developed by the Receiving Party without access to the relevant on any Reports or any reports, analyses, conclusions of the Client (or any third party to whom the
Confidential Information. Client has provided the Reports) based in whole or in part on the Reports, if applicable.
37. The Receiving Party may disclose Confidential Information of the Disclosing Party to the 61. The obligations set out in this Clause 11 shall survive termination of this Agreement.
extent required by law, any regulatory authority or the rules of any stock exchange on which the
Receiving Party is listed, provided that the Receiving Party has given the Disclosing Party prompt 62. INSURANCE POLICIES
written notice of the requirement to disclose and where possible given the Disclosing Party a 63. Each party shall be responsible for the arrangement and costs of its own company
reasonable opportunity to prevent the disclosure through appropriate legal means. insurance which includes, without limitation, professional indemnity, employer's liability, motor
38. Each party shall ensure the compliance by its employees, agents and representatives insurance and property insurance.
(which, in the case of Intertek, includes procuring the same from any sub-contractors) with its 64. Intertek expressly disclaims any liability to the Client as an insurer or guarantor.
obligations under this Clause 7. 65. The Client acknowledges that although Intertek maintains employer's liability insurance,
39. No licence of any Intellectual Property Rights is given in respect of any Confidential such insurance does not cover any employees of the Client or any third parties who may be
Information solely by the disclosure of such Confidential Information by the Disclosing Party. involved in the provision of the Services. If the Services are to be performed at premises belonging
40. With respect to archival storage, the Client acknowledges that Intertek may retain in its to the Client or third parties, Intertek's employer’s liability insurance does not provide cover for
archive for the period required by its quality and assurance processes, or by the testing and non-Intertek employees.
certification rules of the relevant accreditation body, all materials necessary to document the 66. TERMINATION
Services provided. 67. This Agreement shall commence upon the first day on which the Services are commenced
41. AMENDMENT and shall continue, unless terminated earlier in accordance with this Clause 13, until the Services
42. No amendment to this Agreement shall be effective unless it is in writing, expressly stated have been provided.
to amend this Agreement and signed by an authorised signatory of each party. 68. This Agreement may be terminated by:
(a) either party if the other continues in material breach of any obligation
43. FORCE MAJEURE imposed upon it hereunder for more than thirty (30) days after written notice has been dispatched
43.1 Neither party shall be liable to the other for any delay in performing or failure to perform by that Party by recorded delivery or courier requesting the other to remedy such breach;
any obligation under this Agreement to the extent that such delay or failure to perform is a result (b) Intertek on written notice to the Client in the event that the Client fails to
of: pay any invoice by its due date and/or fails to make payment after a further request for payment;
(a) war (whether declared or not), civil war, riots, revolution, acts of terrorism, or
military action, sabotage and/or piracy; (c) either party on written notice to the other in the event that the other
44. natural disasters such as violent storms, earthquakes, tidal waves, floods and/or lighting; makes any voluntary arrangement with its creditors or becomes subject to an administration order
explosions and fires; or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation
45. strikes and labour disputes, other than by any one or more employees of the affected (otherwise than for the purposes of a solvent amalgamation or reconstruction) or an
party or of any supplier or agent of the affected party; or encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the
46. failures of utilities companies such as providers of telecommunication, internet, gas or other or the other ceases, or threatens to cease, to carry on business.
electricity services. 69. In the event of termination of the Agreement for any reason and without prejudice to any
46.1 For the avoidance of doubt, where the affected party is Intertek any failure or delay other rights or remedies the parties may have, the Client shall pay Intertek for all Services
caused by failure or delay on the part of a subcontractor shall only be a Force Majeure Event (as performed up to the date of termination. This obligation shall survive termination or expiration of
defined below) where the subcontractor is affected by one of the events described above. this Agreement.
47. A party whose performance is affected by an event described in Clause 9.1 (a Force 70. Any termination or expiration of the Agreement shall not affect the accrued rights and
Majeure Event) shall: obligations of the parties nor shall it affect any provision which is expressly or by implication
48. promptly notify the other party in writing of the Force Majeure Event and the cause and intended to come into force or continue in force on or after such termination or expiration.
the likely duration of any consequential delay or non-performance of its obligations;
49. use all reasonable endeavours to avoid or mitigate the effect of the Force Majeure Event 71. ASSIGNMENT AND SUB-CONTRACTING
and continue to perform or resume performance of its affected obligations as soon as reasonably 72. Intertek reserves the right to delegate the performance of its obligations hereunder and
possible; and the provision of the Services to one or more of its affiliates and/ or sub-contractors when
50. continue to provide Services that remain unaffected by the Force Majeure Event. necessary. Intertek may also assign this Agreement to any company within the Intertek group on
51. If the Force Majeure Event continues for more than sixty (60) days after the day on which notice to the Client.
it started, each party may terminate this Agreement by giving at least ten (10) days' written notice 73. GOVERNING LAW AND DISPUTE RESOLUTION
to the other party. 74. This Agreement and the Proposal shall be governed by Romanian law. The parties agree
52. LIMITATIONS AND EXCLUSIONS OF LIABILITY to submit to the exclusive jurisdiction of the Romanian Courts in respect of any dispute or claim
53. neither party excludes or limits liability to the other party: arising out of or in connection with this Agreement (including any non-contractual claim relating to
54. for death or personal injury resulting from the negligence of that party or its directors, the provision of the Services in accordance with this Agreement).
officers, employees, agents or sub-contractors; or 75. MISCELLANEOUS
55. for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). Severability
56. SUBJECT TO CLAUSE 10.1, THE MAXIMUM AGGREGATE LIABILITY OF INTERTEK IN 76. If any provision of this Agreement is or becomes invalid, illegal or unenforceable, such
CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE provision shall be severed and the remainder of the provisions shall continue in full force and
FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION effect as if this Agreement had been executed without the invalid illegal or unenforceable
WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE provision. If the invalidity, illegality or unenforceability is so fundamental that it prevents the
AMOUNT OF CHARGES DUE BY THE CLIENT TO INTERTEK UNDER THIS AGREEMENT. accomplishment of the purpose of this Agreement, Intertek and the Client shall immediately
57. SUBJECT TO CLAUSE 10.1, NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, commence good faith negotiations to agree an alternative arrangement.
TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY: No partnership or agency
(a) LOSS OF PROFITS; 77. Nothing in this Agreement and no action taken by the parties under this Agreement shall
(b) LOSS OF SALES OR BUSINESS; constitute a partnership, association, joint venture or other co-operative entity between the
(c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION parties or constitute any party the partner, agent or legal representative of the other.
TO THIRD PARTY AGREEMENTS OR CONTRACTS); Waivers
(d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; 78. Subject to Clause 10.4 above, the failure of any party to insist upon strict performance of
(e) LOSS OF ANTICIPATED SAVINGS; any provision of this Agreement, or to exercise any right or remedy to which it is entitled, shall not

[Local company name] [Form code XXX]

[Local address]
[Contact]
 constitute a waiver and shall not cause a diminution of the obligations established by this of this Agreement. Each party waives all rights and remedies that, but for this Clause, might
Agreement. A waiver of any breach shall not constitute a waiver of any subsequent breach. otherwise be available to it in respect of any such representation, warranty, collateral contract or
79. No waiver of any right or remedy under this Agreement shall be effective unless it is other assurance.
expressly stated to be a waiver and communicated to the other party in writing. 82. Nothing in this Agreement limits or excludes any liability for fraudulent
Whole Agreement misrepresentation.
80. This Agreement and the Proposal contain the whole agreement between the parties Third Party Rights
relating to the transactions contemplated by this agreement and supersedes all previous 83. A person who is not party to this Agreement has no right under the Contract (Rights of
agreements, arrangements and understandings between the parties relating to those transactions Third Parties) Act 1999 to enforce any of its terms.
or that subject matter. No purchase order, statement or other similar document will add to or vary Further Assurance
the terms of this Agreement. 84. Each party shall, at the cost and request of any other party, execute and deliver such
81. Each party acknowledges that in entering into this Agreement it has not relied on any instruments and documents and take such other actions in each case as may be reasonably
representation, warranty, collateral contract or other assurance (except those set out or referred requested from time to time in order to give full effect to its obligations under this Agreement.
to in this Agreement) made by or on behalf of any other party before the acceptance or signature

Recommended minimum amount of sample for the tests / Minimum necesar pentru testare

1 Colour fastness tests / Rezistenta vopsirilor

40cm x 40cm for one test / 40cm x 40cm pentru un test;

60cm full width for full analysis (for plain-coloured) / 60 cm pe toata latimea tesaturii pentru toate testele
(pentru culoare uni)
2 Physical tests

Dimensional stability/ Stabilitate dimensionala: Woven / Tesatura : 75cm x 75cm ; Knit / Tricot: 80cm x
full width / toata latimea
Appearance after cleaning / Aspect dupa curatare: 2 garments / 2 produse (1for testing - 1for comparing /
1 testare – 1 comparare)
Strength tests / Teste de rezistenta ( tensile , tear , bursting , seam slippage, Pilling , abrasion ) 50cm x
full width for each individual test / 50 cm pe toata latimea tesaturii pentru fiecare test individual
Full physical tests on fabric / Pachet complet de teste fizice pe tesatura: 2m on full width / 2 m pe toata
latimea
Full physical tests on garment / Pachet complet de teste fizice pe produs finit: 4 garments / 4 produse
3 Fiber composition and analytical tests / Compozitie fibroasa si teste analitice
Fiber composition on fabric / Compozitie fibroasa tesatura: 50cm x 50cm
Garment fiber composition 1 product
Analytical tests: 50 g / color of fabric
Full tests on fabric / Pachet complet de teste fizice pe tesatura: 2m on full width / 2 m pe toata latimea
Full tests on garment / Pachet complet de teste fizice pe produs finit: 4 garments / 4 produse

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