1、 Intertek Testing Services Hong Kong Ltd.6/F., Garment Centre, 576 Castle Peak Road, Kowloon, Hong Kong.Telephone (852) 2173 8720 Fax (852) 2785 8570 Website: http:/ Ver1805 Toy Testing Requisition Form for JC Penney 測試申請表 Form No.Applicants Company Name 公司名稱 : Official Use OnlyAddress 地址 : Rpt. No.
2、Contact Person 聯絡人: E-mail 電郵 : A/C No.Telephone 電話號碼 : Fax 傳號碼: Dept.部門 : RR DateCompany Name (b) Charges shall have the meaning given in Clause 5.1;(c) Confidential Information means all information in whatever form or manner presented which: (a) is disclosed pursuant to, or in the course of the p
3、rovision of Services pursuant to, this Agreement; and (b) (i) is disclosed in writing, electronically, visually, orally or otherwise howsoever and is marked, stamped or identified by any means as confidential by the disclosing party at the time of such disclosure; and/or (ii) is information, howsoev
4、er disclosed, which would- reasonably be considered to be confidential by the receiving party.(d) Intellectual Property Right(s) means copyrights, trademarks (registered or unregistered), patents, patent applications (including the right to apply for a patent), service marks, design rights (register
5、ed or unregistered), trade secrets and other like rights howsoever existing(e) Report(s) shall have the meaning as set out in Clause 2.3 below;(f) Services means the services set out in any relevant Intertek Proposal, any relevant Client purchase order, or any relevant Intertek invoice, as applicabl
6、e, and may comprise or include the provision by Intertek of a Report;(g) Proposal means the proposal, estimate or fee quote, if applicable, provided to the Client by Intertek relating to the Services; 1.2 The headings in this Agreement do not affect its interpretation.2. THE SERVICES2.1 Intertek sha
7、ll provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal Intertek has made and submitted to the Client.2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal s
8、hall take precedence.2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes, certificates and other material prepared by Intertek in the course of providing the Services to the Client, together with status summaries
9、 or any other communication in any form describing the results of any work or services performed (Report(s) shall be only for the Clients use and benefit.2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver a Report to a third party, Intertek shall
10、be deemed irrevocably authorised to deliver such Report to the applicable third party. For the purposes of this clause an obligation shall arise on the instructions of the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, custom, usage or practice
11、.2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by Intertek are done so within the limits of the scope of work agreed with the Client in relation to the Proposal and pursuant to the Clients specific instructions or, in the absence of such instructions, in a
12、ccordance with any relevant trade custom, usage or practice. The Client further agrees and acknowledges that the Services are not necessarily designed or intended to address all matters of quality, safety, performance or condition of any product, material, services, systems or processes tested, insp
13、ected or certified and the scope of work does not necessarily reflect all standards which may apply to product, material, services, systems or process tested, inspected or certified. The Client understands that reliance on any Reports issued by Intertek is limited to the facts and representations se
14、t out in the Reports which represent Interteks review and/or analysis of facts, information, documents, samples and/or other materials in existence at the time of the performance of the Services only. 2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek n
15、or any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Report.2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, abrogate or undertake to discharge a
16、ny duty or obligation of the Client to any other person or any duty or obligation of any person to the Client.3. INTERTEKS WARRANTIES3.1 Intertek warrants exclusively to the Client:(a) that it has the power and authority to enter into this Agreement and that it will comply with relevant legislations
17、 and regulations in force as at the date of this Agreement in relation to the provision of the Services;(b) that the Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by other companies providing like services under similar circumstances;(c) tha
18、t it will take reasonable steps to ensure that whilst on the Clients premises its personnel comply with any health and safety rules and regulations and other reasonable security requirements made known to Intertek by the Client in accordance with Clause 4.3(f);(d) that the Reports produced in relati
19、on to the Services will not infringe any legal rights (including Intellectual Property Rights) of any third party. This warranty shall not apply where the infringement is directly or indirectly caused by Interteks reliance on any information, samples or other related documents provided to Intertek b
20、y the Client (or any of its agents or representatives).3.2 In the event of a breach of the warranty set out in Clause 3.1 (b), Intertek shall, at its own expense, perform services of the type originally performed as may be reasonably required to correct any defect in Interteks performance.3.3 Intert
21、ek makes no other warranties, express or implied. All other warranties, conditions and other terms implied by statute or common law (including but not limited to any implied warranties of merchantability and fitness for purpose) are, to the fullest extent permitted by law, excluded from this Agreeme
22、nt. No performance, deliverable, oral or other information or advice provided by Intertek (including its agents, sub-contractors, employees or other representatives) will create a warranty or otherwise increase the scope of any warranty provided.4. CLIENT WARRANTIES AND OBLIGATIONS4.1 The Client rep
23、resents and warrants: (a) that it has the power and authority to enter into this Agreement and procure the provision of the Services for itself; (b) that it is securing the provision of the Services hereunder for its own account and not as an agent or broker, or in any other representative capacity,
24、 for any other person or entity;(c) that any information, samples and related documents it (or any of its agents or representatives) supplies to Intertek (including its agents, sub-contractors and employees) is, true, accurate representative, complete and is not misleading in any respect. The Client
25、 further acknowledges that Intertek will rely on such information, samples or other related documents and materials provided by the Client (without any duty to confirm or verify the accuracy or completeness thereof) in order to provide the Services; (d) that any samples provided by the Client to Int
26、ertek will be shipped pre-paid and will be collected or disposed of by the Client (at the Clients cost) within thirty (30) days or other specified period as per product nature after testing unless alternative arrangements are made by the Client. In the event that such samples are not collected or di
27、sposed by the Client within the required period, Intertek reserves the right to destroy the samples, at the Clients cost; and(e) that any information, samples or other related documents (including without limitation certificates and reports) provided by the Client to Intertek will not, in any circum
28、stances, infringe any legal rights (including Intellectual Property Rights) of any third party.4.2 In the event that the Services provided relate to any third party, the Client shall cause any such third party to acknowledge and agree to the provisions in this Agreement and the Proposal prior to and
29、 as a condition precedent to such third party receiving any Reports or the benefit of any Services.4.3 The Client further agrees: (a) to co-operate with Intertek in all matters relating to the Services and appoint a manager in relation to the Services who shall be duly authorised to provide instruct
30、ions to Intertek on behalf of the Client and to bind the Client contractually as required; (b) to provide Intertek (including its agents, sub-contractors and employees), at its own expense, any and all samples, information, material or other documentation necessary for the execution of the Services
31、in a timely manner sufficient to enable Intertek to provide the Services in accordance with this Agreement. The Client acknowledges that any samples provided may become damaged or be destroyed in the course of testing as part of the necessary testing process and undertakes to hold Intertek harmless
32、from any and all responsibility for such alteration, damage or destruction; (c) that it is responsible for providing the samples/equipment to be tested together, where appropriate, with any specified additional items, including but not limited to connecting pieces, fuse-links, etc.;(d) to provide in
33、structions and feedback to Intertek in a timely manner; (e) to provide Intertek (including its agents, sub-contractors and employees) with access to its premises as may be reasonably required for the provision of the Services and to any other relevant premises at which the Services are to be provide
34、d; (f) prior to Intertek attending any premises for the performance of the Services, to inform Intertek of all applicable health and safety rules and regulations and other reasonable security requirements that may apply at any relevant premises at which the Services are to be provided;(g) to notify
35、Intertek promptly of any risk, safety issues or incidents in respect of any item delivered by the Client, or any process or systems used at its premises or otherwise necessary for the provision of the Services;(h) to inform Intertek in advance of any applicable import/ export restrictions that may a
36、pply to the Services to be provided, including any instances where any products, information or technology may be exported/ imported to or from a country that is restricted or banned from such transaction;(i) in the event of the issuance of a certificate, to inform and advise Intertek immediately of
37、 any changes during the term of the certificate which may have a material impact on the accuracy of the certification;(j) to obtain and maintain all necessary licenses and consents in order to comply with relevant legislation and regulation in relation to the Services; (k) that it will not use any R
38、eports issued by Intertek pursuant to this Agreement in a misleading manner and that it will only distribute such Reports in their entirety; (l) in no event will the contents of any Reports or any extracts, excerpts or parts of any Reports be distributed or published without the prior written consen
39、t of Intertek (such consent not to be unreasonably withheld) in each instance; and(m) that any and all advertising and promotional materials or any statements made by the Client will not give a false or misleading impression to any third party concerning the services provided by Intertek. 4.4 Intert
40、ek shall be neither in breach of this Agreement nor liable to the Client for any breach of this Agreement if and to the extent that its breach is a direct result of a failure by the Client to comply with its obligations as set out in this Clause 4. The Client also acknowledges that the impact of any
41、 failure by the Client to perform its obligations set out herein on the provision of the Services by Intertek will not affect the Clients obligations under this Agreement for payment of the Charges pursuant to Clause 5 below.5. CHARGES, INVOICING AND PAYMENT 5.1 The Client shall pay Intertek the cha
42、rges set out in the Proposal, if applicable, or as otherwise contemplated for provision of the Services (the Charges).5.2 The Charges are expressed exclusive of any applicable taxes. The Client shall pay any applicable taxes on the Charges at the rate and in the manner prescribed by law, on the issu
43、e by Intertek of a valid invoice.5.3 The Client agrees that it will reimburse Intertek for any expenses incurred by Intertek relating to the provision of the Services and is wholly responsible for any freight or customs clearance fees relating to any testing samples.5.4 The Charges represent the tot
44、al fees to be paid by the Client for the Services pursuant to this Agreement. Any additional work performed by Intertek will be charged on a time and material basis.5.5 Intertek shall invoice the Client for the Charges and expenses, if any. The Client shall pay each invoice within thirty (30) days o
45、f receiving it.5.6 If any invoice is not paid on the due date for payment, Intertek shall have the right to charge, and the Client shall pay, interest on the unpaid amount, calculated from the due date of the invoice to the date of receipt of the amount in full at a rate equivalent to 3% per cent pe
46、r annum above the base rate from time to time of HSBC Bank in the relevant currency. 6. INTELLECTUAL PROPERTY RIGHTS AND DATA PROTECTION6.1 All Intellectual Property Rights belonging to a party prior to entry into this Agreement shall remain vested in that party. Nothing in this Agreement is intende
47、d to transfer any Intellectual Property Rights from either party to the other.6.2 Any use by the Client (or the Clients affiliated companies or subsidiaries) of the name “Intertek“ or any of Interteks trademarks or brand names for any reason must be prior approved in writing by Intertek. Any other u
48、se of Interteks trademarks or brand names is strictly prohibited and Intertek reserves the right to terminate this Agreement immediately as a result of any such unauthorised use.6.3 In the event of provision of certification services, Client agrees and acknowledges that the use of certification mark
49、s may be subject to national and international laws and regulations. 6.4 All Intellectual Property Rights in any Reports, document, graphs, charts, photographs or any other material (in whatever medium) produced by Intertek pursuant to this Agreement shall belong to Intertek. The Client shall have the right to use any such Reports, document, graphs, charts, photographs or other material for
