Terms & Conditions
Unless otherwise agreed in writing any quotation or estimate of MCS is valid for a period of one calendar month only from the date of issue, provided that MCS has not previously withdrawn it by written notice to the Client.
Any quotation or estimate is based on the instructions and information provided by the Client and MCS reserves the right to amend the quotation or estimate to cover any increases in cost which may arise as a result of additional instructions or information or as a result of any error in the instructions or information provided by the Client.
Test Request Forms supplied by MCS, or similar documentation, shall be sent to accompany all samples sent for testing. These shall be clear, legible and unambiguous and must clearly show the sample description of the product (including dosage and storage temperatures if appropriate), the test methods required and the required specification if appropriate.
The client shall ensure that the samples are clearly and unambiguously labelled for identification. These details shall be consistent with the sample descriptions provided on the accompanying paperwork.
Reports / Results
A report will be provided by MCS to the Client to complete the provision of the Services. The report and any data contained therein shall not become the property of the Client until MCS has received full payment in cleared funds of all monies due from the Client to MCS under any and all contracts between the Client and MCS. MCS shall maintain copies of reports and supporting raw data for a minimum of six years after completion of the Services as required by the UKAS accreditation standard under which MCS operates.
The Client shall not use MCS’s name in any way to imply endorsement by MCS of any process or product.
Any statements (whether written or oral) as to the results of the Services carried out and all/any opinions in any report or letter are made in good faith and on the basis of the samples, materials, equipment and information provided to MCS by the Client. By providing the Services, MCS does not in any way guarantee any sample, the product from which any sample was taken or any subsequent product derived there from, nor does MCS indicate any recommendation for use, nor does MCS suggest or imply that any sample or any product derived there from is fit for any use whatsoever.
The Client warrants, in respect of each of the Client’s Samples provided to MCS by the Client, that it is correct and in good order and has not to the best of the Client’s knowledge been tampered with, altered, added to or substituted in any way whatsoever.
MCS reserves the right to amend the price to take account of any variations in the services as a result of additional information or a request in writing by the Client. MCS will obtain the Client’s prior approval before performance of any additional work or variations in the Services.
Unless expressly stated otherwise all prices are exclusive of VAT and any other governmental duty or tax which is applicable and which shall be charged at the rate and the manner prescribed by law.
Unless otherwise agreed in writing the price will become payable upon completion of the services. Payment will be made by the Client 30 days following the date of issue of a valid invoice by MCS. Payment must be made in pounds sterling.
If the Client fails to make payment on the due date then, without prejudice to any other rights or remedies available to MCS, MCS shall be entitled to:
-cancel any contract and suspend any further performance of the services to the Client
-appropriate any payment made by the Client to such of the services as MCS may think fit
-charge the Client interest (both before and after any judgement) at a rate of 4% per annum above the base rate of RBS plc on the amount outstanding such interest accruing on a daily basis until payment is made in full.
Notwithstanding any agreement allowing the Client credit, payment of all sums invoiced shall become due and payable to MCS immediately upon the termination of a Contract howsoever arising. MCS shall be entitled upon giving notice to the Client to terminate a Contract to invoice the Client for all services performed by MCS.
Visits to MCS laboratories
Some or all of the services will be carried out in the MCS laboratories. Visits by Clients to laboratory areas are not normally permitted when confidential work is in progress. Therefore Client’s access to laboratory areas is available only by prior arrangement.
Destruction of test samples
On completion of the services or termination of a contract MCS will, unless otherwise agreed with the Client, destroy all Client’s samples. Any storage of the Client’s samples shall be subject to the standard terms and conditions of MCS including as to charges therefor.
At the request of MCS, the Client shall accept any unused Client’s samples within one calendar month of the request and arrange disposal.