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Eaton Corporation Belmont High Power Lab
STANDARD CONDITIONS FOR TEST SERVICE

 

Any test work at the Belmont Laboratory undertaken by Eaton Electrical, Inc., for a CUSTOMER pursuant to the attached quotation is subjected to the following conditions.

 This Agreement sets forth certain terms and conditions connected to test services performed at the Belmont Laboratory of Eaton Electrical. The test being specified (test specifications attached). The terms and conditions set forth herein supersede customer purchase order terms and customer shall be bound by these terms and conditions when it returns its purchase order or otherwise indicates acceptance of this contract.

 It is mutually agreed as follows: 

 1. CUSTOMER must present with its purchase order a Test Specification Sheet specifying detail, as required, the particulars concerning the apparatus or object to be tested and the type of sequence of test to be conducted. A definite test date will be established after receiving a purchase order and this signed agreement with test specifications.

2. The CUSTOMER will be responsible for transportation and/or delivery, at its expense of the apparatus or objects to and from the laboratory, and will bear the risk of loss of such apparatus or object.   

3. The CUSTOMER will be responsible for providing articles required for testing. These articles may include, enclosures, fuses, wire, and conduit. 

4. The testing and handling, installation and removal of the test apparatus or object, shall be performed solely by Eaton Electrical or under direct supervision  of its laboratory personnel, except that, in case the size or weight exceeds the capacity of the handling equipment of the laboratory, Eaton Electrical may require the CUSTOMER to provide handling service. Eaton Electrical reserves the right in its sole judgment to exclude any test which is unsafe or beyond the capability of the test equipment. The CUSTOMER should provide a qualified representative to observe the conduct of the tests. This representative shall conform to all instructions of Eaton Electrical.    

5. Eaton Electrical will take reasonable precautions to avoid disclosure to any party outside of the Belmont Laboratory of any information regarding the test made, the manner of conducting the test, or the test results, but no confidential relationship is established or implied by this agreement as to any information regarding the tests proposed, agreed to, or made. 

 6. The CUSTOMER agrees not to use Eaton Electrical’s name in connection with the sale of the products tested or in publicizing such products except with the written consent of Eaton Electrical.   

7. Eaton Electrical will have its equipment used in testing calibrated by an ISO/IEC 17025 accredited source. Where such a source does not exist, the lab will have ISO/IEC 17025 accredited calibrations conducted on reference materials which will be used to calibrate its equipment using validated processes. 

8. PAYMENT TERMS. Net within thirty (30) days.   

9. The CUSTOMER may cancel this agreement (by written notice at least 14 days prior to the scheduled tests). 

10. LIABILITY 

A.  The parties recognize that despite Eaton Electrical’s efforts the nature of most tests conducted at the Belmont Lab are inherently hazardous to apparatus and personnel. Eaton Electrical neither assumes nor accepts any responsibility for any damage or injury that may occur during or as a result of the tests, whether performed in whole or in part by Eaton Electrical and whether or not any equipment, facility or personnel for, or in connection with the test is furnished by CUSTOMER.

B.  Eaton Electrical agrees to carry out the agreed test using due care; but since the CUSTOMER is authorized to send qualified witnesses or operators Eaton Electrical shall not be liable for the correctness or accuracy of the tests.

C.  The CUSTOMER shall be responsible for insuring the customers representatives or agents sent to observe, witness or help conduct the tests, and accordingly the CUSTOMER agrees to hold Eaton Electrical harmless for all claims by the CUSTOMERS representative, witnesses, agents or operators in furtherance of the above CUSTOMER shall maintain for the befit of Eaton Electrical, Comprehensive General Liability Insurance including contractual indemnity coverage. 

D.  While Eaton Electrical will use due care in scheduling CUSTOMER’S tests and will endeavor to adjust other subsequent test schedules to enable completion of the CUSTOMER’S test program, Eaton Electrical shall not be liable to the CUSTOMER for delay, interruption or cancellation of CUSTOMER’S test in case of power failure of laboratory equipment, strikes, acts of God or other cause beyond Eaton Electrical’s reasonable control.

E.   UNDER NO CIRCUMSTANCES WILL EATON ELECTRICAL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING BUT NOT LIMITED TO. LOST PROFIT OR REVENUE, DAMAGES TO OR LOSS OF USE OF CUSTOMER’S PRODUCTS OR OTHER EQUIPMENT, OR CLAIMS OF RESALE CUSTOMER OR OTHER THIRD PARTIES, WHETHER SUCH CLAIMS ARE MADE UNDER CONTRACT, TORT (INCLUDING NEGLEGENCE). STRICT LIABILITY, OR OTHERWISE, NOR SHALL    C-H’S LIABILITY EXCEED THE PRICE OF TEST SERVICE. 

11. Eaton Electrical will comply with all applicable Federal, State and local laws, and specifically represents that any testing services to be conducted in compliance with the requirements of the Fair Labor Standards Act of 1938 as amended. 

12. Any assignment of this order or any rights hereunder by the CUSTOMER without written consent of Eaton Electrical shall be void.  

13. The provisions of any contract resulting from this quotation are for the benefit of the parties and not for any other purpose. 

14. No waiver, alteration or modification of any of the provisions herein shall be binding unless in writing and signed by a duly authorized representative of Eaton Electrical.

Standard Conditions for Tests last revised on 03/07/07     



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