Eaton Corporation Belmont High
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
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
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
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
9. The CUSTOMER may cancel this
agreement (by written notice at least 14 days prior to the
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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