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General Conditions for Sample Management


General Conditions for Sample Management
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General Conditions for Sample Management and
Dangerous Goods & Cargo Compliance Rendered by DOSAS

1. GENERAL
1.1 Company undertakes to provide sample and/or dangerous goods logistics services in accordance with
these general conditions (hereinafter called “General Conditions”) and accordingly all offers or tenders
of services and all resulting contracts, agreements or other arrangements will in all respects be governed
by these General Conditions, unless otherwise specifically agreed in writing except only to the extent
that the law of the place where such arrangements or contracts are made or carried out shall preclude
any of the General Conditions and in such case the said local law shall prevail wherever, but only to the
extent that, it is at variance with these General Conditions.
1.2 No alteration, amendment or waiver of any of these General Conditions shall have any effect unless
made in writing and signed by an officer of Company.

2. SERVICES
2.1 Company will provide services in accordance with:
Client’s specific instructions as confirmed by Company;
the terms of any standard order form and/or standard specification sheet of Company, if applicable;
any relevant trade custom, usage, practice; and
such methods as Company shall consider appropriate on technical, operational and/or financial
grounds.
2.2 When instructed by Client to ship samples and/or dangerous goods, Company shall act as shipper as
defined in the Dangerous Goods Regulations issued by the International Air Transport Association as
may be in force from time to time. Any road transport shall be performed as per the CMR conditions laid
down in the United Nations Convention on the Contract for the International Carriage of Goods by Road
(Geneva, May 19, 1956). Any air transport shall be performed as per the Montreal Convention for the
Unification of Certain Rules for International Carriage by Air (Montreal, May 28, 1999). Any maritime
transport of dangerous goods shall be performed as per the International Maritime Dangerous Goods
Code, latest applicable version.
2.3 Documents reflecting engagements contracted between Client and third parties, or third parties’
documents, such as copies of contracts of sale, letters of credit, bills of lading, etc., are (if received by
Company) considered to be for information only, and do not extend or restrict the scope of the services
or the obligations accepted by Company.
2.4 Delivery to and receipt by Company of the samples and/or dangerous goods is effected by the samples
and/or dangerous goods being handed over by Client and taken over by Company. The samples and/or
dangerous goods are to be delivered to and collected at Company’s premises during Company’s official
business hours, available upon simple request. If Company at its discretion agrees to perform services
outside these hours, then Client shall pay overtime and related charges thereby incurred by Company.

3. CLIENT’S DUTIES AND WARRANTIES
3.1 Client warrants:
The good condition of the samples and/or dangerous goods; that all appropriate measures have been
taken to ensure that the recipients used are compatible with the dangerous goods; that all closures are
completely tight to prevent shifting/leaking; that the maximum filling degree has not been exceeded; and
that outer packages delivered by Client are in accordance with the specific packaging requirements as
specified in the test report relating to the samples and/or dangerous goods (e.g. number of inner bottles
and sizes, correct use cushioning material.

4. FEES AND PAYMENT
4.1 Client will promptly pay delivery cost via DHL or Fedex import account.

5. LIABILITY AND INDEMNIFICATION
5.1 Company undertakes to exercise due care and skill in the performance of its services and accepts
responsibility only in cases of proven negligence.
5.2 In any event, Company shall not be liable for any loss howsoever caused or arising through theft, burglary
or from any form of wrongful acquisition or detention; or due to changes in the inherent characteristics of
the samples and/or dangerous goods, such as but not limited to evaporation, oxidation, melting,
precipitation, change of colour; or if such loss consists of quality decrease due to the single fact of
reconditioning or other manipulations ordered by the client out of a breach of any of Client’s warranties
or by any circumstances by virtue of which Company is relieved of its contractual obligations as provided
herein; and/or in connection with the performance, purported performance or non-performance of any
services carried out by third parties, such as but not limited to freight forwarders, airlines, ship owners,
cargo agents.
5.3 Client shall guarantee, hold harmless and indemnify Company and its officers, employees, agents or
subcontractors against all claims made by any third party for loss, damage or expense of whatsoever
nature including reasonable legal expenses and howsoever arising relating to the performance,
purported performance or non-performance of any services to the extent that the aggregate of any such
claims relating to any one service exceed the limit mentioned in clause 5.2.
5.4 Client is liable to Company and/or to any third party for any injury, loss or damage arising from incorrect,
misleading and/or incomplete description, indication or information, including inaccuracies or omissions
with respect to the samples and/or dangerous goods, as well as for damage arising from defects in the
samples and/or dangerous goods and/or from defects in the packing by Client of the samples and/or
dangerous goods. Client shall indemnify Company against third party claims in respect of any injury, loss
or damage caused as aforesaid and Client shall bear all charges, costs, fees (including attorneys’ fees)
and disbursements incurred by Company in respect of all legal proceedings or intended legal
proceedings by or against Company in relation to such damage.
5.5 Client acknowledges that Company does not, either by entering into this contract or by performing the
services rendered, assume, abridge, abrogate or undertake to discharge any duty of Client to any other
person.
5.6 Company shall be discharged from all liability to Client for all claims for loss, damage or expense unless
notice of the claim is brought within 90 days after the date of the performance by Company of the service
which gives rise to the claim or in the event of any alleged non-performance within 90 days of the date
when such service should have been completed.

6. FORCE MAJEURE
In the event of Company being prevented by reason of any cause whatsoever outside Company’s control
from performing or completing any service for which an order has been given or an agreement made, Client
will pay to Company the amount of all abortive expenditure actually made or incurred; and a proportion of the
agreed fee equal to the proportion (if any) of the service actually carried out; and Company shall be relieved
of all responsibility whatsoever for the partial or total non-performance of the required service.

7. DISPUTES
7.1 These general conditions are governed and construed in accordance with Belgian law.
7.2 Any possible disputes between the Company and the Client shall be settled amicably by the parties.
Failing an amicable settlement, the matter shall.