General Terms & Conditions

Unless otherwise expressly agreed in writing, these General Terms & Conditions apply to quotations, proposals, orders, assignments and services accepted or performed by GAR.

The contractual relationship may consist of these General Terms together with the applicable quotation, proposal, order confirmation, statement of work, certification agreement, scheme rules, technical conditions or other document expressly incorporated into the agreement.

Terms contained in a Client purchase order or other Client document shall not amend these General Terms solely by appearing in that document unless GAR expressly accepts the amendment in writing.

GAR provides or coordinates independent professional services within the scope agreed with the Client. Services are performed with reasonable professional skill, care and competence appropriate to the nature of the assignment.

Testing, inspection, audit, verification and other assessment activities are necessarily limited to the defined scope, samples, locations, documents, conditions and information available at the time of performance.

A Report records GAR’s findings or conclusions within the agreed scope. It shall not be interpreted as a general guarantee of quality, safety, fitness for purpose, merchantability, future performance, absence of defects or compliance with requirements outside the agreed scope.

The Client shall provide the cooperation reasonably required for GAR to perform the Services correctly and safely.

GAR is entitled to rely on information supplied by the Client unless the agreed scope expressly requires GAR to independently verify that information.

The Client is responsible for providing a safe working environment at Client-controlled facilities and for informing GAR personnel of hazards and site-specific rules before work begins.

GAR personnel and Network Resources shall comply with reasonable safety, security and access requirements communicated by the Client.

Time and costs resulting from unsafe conditions, inaccessible locations, unavailable personnel, unavailable equipment or other Client-controlled causes may be charged to the Client where appropriate.

Where Services involve samples, specimens or products submitted for testing or evaluation, the results relate to the items tested and the conditions existing at the time of testing unless the Report expressly states otherwise.

The Client is responsible for correct identification, packaging, shipment and disclosure of hazardous characteristics unless GAR has expressly agreed to perform those activities.

GAR may consume, alter, damage or destroy samples where this is an inherent consequence of the agreed testing or examination process.

Unless a different retention arrangement is agreed or required by law, accreditation or scheme rules, GAR may dispose of or return samples after completion of the applicable retention period. Associated return, storage, transport or disposal costs may be charged to the Client.

GAR delivers international services through a network of competent laboratories, inspection bodies, certification bodies, auditors, inspectors, engineers, consultants and other technical resources.

GAR may use appropriately qualified Network Resources where reasonably necessary to perform the agreed Services, subject to applicable accreditation, confidentiality, independence and competence requirements.

The organization legally issuing a particular accredited report, certificate, attestation or conformity decision shall be identified where applicable.

Reports and other outputs shall reflect the scope, methods, evidence and conditions applicable to the relevant assignment.

GAR may correct clerical, typographical or administrative errors in an issued Report and may withdraw, replace or revise a Report where technically or legally justified.

Certification services are subject to applicable accreditation standards, scheme requirements and certification procedures in addition to these General Terms.

A certification application does not guarantee that certification will be granted. Certification decisions must remain independent and shall be based on the applicable requirements and objective evidence.

The Client shall pay the fees stated in the applicable quotation, proposal, contract or other agreed commercial document.

Unless expressly stated otherwise, fees are exclusive of applicable taxes, duties, banking charges, customs costs and similar governmental charges.

Reasonable travel, accommodation, freight, sample handling, special equipment and other assignment-related expenses may be charged where provided for in the proposal or reasonably necessary for the Services.

Invoices shall be payable within the period specified in the applicable quotation, invoice or contract. GAR may charge legally permitted interest or recovery costs on overdue amounts and may suspend Services for material non-payment after appropriate notice.

Changes to scope, product configuration, standards, locations, quantities, schedules or other assumptions may require GAR to revise the technical approach, timing or fees.

If the Client cancels or postpones an assignment after GAR has committed personnel, laboratories, travel or other resources, the Client may be responsible for work already performed, non-recoverable costs and reasonable cancellation or rescheduling charges.

Estimated completion dates are based on information available when scheduling. Unless expressly guaranteed in writing, such dates are estimates rather than absolute contractual deadlines.

GAR shall treat confidential Client information with appropriate care and shall use it for legitimate purposes connected with the Services, legal obligations and professional governance.

Confidential information may be disclosed where reasonably necessary to GAR personnel, Network Resources, accreditation bodies, scheme owners, regulators, competent authorities or professional advisers, subject to applicable confidentiality obligations.

Confidentiality obligations do not normally apply to information that is lawfully public, independently developed, legitimately received from a third party without restriction or required to be disclosed by law.

Each party retains ownership of intellectual property owned by it before the Services or independently developed outside the assignment.

GAR retains rights in its methodologies, procedures, systems, templates, know-how, databases, trademarks, logos and other proprietary materials, except where expressly agreed otherwise.

Subject to payment of applicable fees and these Terms, the Client may use GAR Reports for the purpose for which they were issued.

No right to use a GAR name, certification mark, logo, accreditation mark or other protected identifier is granted except through an expressly applicable authorization or certification-mark agreement.

Unless GAR expressly agrees otherwise in writing, the Services and Reports are provided for the Client in connection with the purpose and scope agreed between GAR and the Client.

Disclosure of a Report to a third party does not automatically create a contractual relationship or duty of care between GAR and that third party.

Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by mandatory applicable law.

Subject to that principle, GAR shall be responsible only for direct loss proven to have resulted from GAR’s breach of its contractual obligations or failure to exercise the degree of professional care required under the applicable contract.

To the maximum extent permitted by applicable law, GAR shall not be liable for indirect, incidental, consequential, exemplary or special losses, including loss of profit, revenue, production, opportunity, contract, goodwill or anticipated savings.

Unless a different limitation is expressly stated in the applicable proposal, contract or mandatory local terms, GAR’s aggregate liability arising from the particular Services giving rise to the claim shall not exceed the fees paid or payable to GAR for those particular Services.

Each party shall comply with laws applicable to its performance under the contract.

GAR may conduct reasonable compliance screening and may decline, suspend or terminate Services where continuing the relationship could expose GAR or a Network Resource to sanctions, export-control, anti-bribery, anti-money-laundering or other legal or integrity risks.

The Client shall not offer, request or provide any improper payment, advantage or inducement intended to influence GAR personnel, auditors, inspectors, laboratories, certification decision-makers or other Network Resources.

GAR may suspend Services where reasonably necessary because of unsafe conditions, material non-payment, lack of required access or information, suspected fraud, threats to impartiality, sanctions concerns, accreditation requirements or material Client breach.

Either party may terminate the contractual relationship in accordance with the applicable proposal, agreement or mandatory law.

Termination does not affect accrued payment obligations, confidentiality, intellectual-property provisions, liability provisions or other clauses intended by their nature to survive termination.

GAR maintains mechanisms for handling complaints concerning its services and, where applicable, appeals concerning certification or conformity- assessment decisions.

Complaints and appeals shall be reviewed in accordance with applicable GAR procedures, accreditation requirements and certification-scheme rules.

Where appropriate, GAR shall seek to ensure that persons involved in reviewing a complaint or appeal are sufficiently independent from the activity being challenged.

Neither party shall be liable for delay or failure to perform an obligation to the extent caused by circumstances beyond its reasonable control, subject to mandatory applicable law.

Such events may include natural disasters, epidemic or pandemic events, war, terrorism, civil disturbance, governmental action, sanctions, strikes, major transportation disruption, utility failure, cyber events, fire, flood or other exceptional circumstances preventing reasonable performance.

The affected party shall take reasonable steps to mitigate the impact and resume performance when reasonably possible.

Governing Law

The governing law and competent courts or agreed dispute-resolution mechanism shall be those identified in the applicable GAR proposal, contract, order confirmation or jurisdiction-specific terms.

Where GAR operates through a local contracting entity, mandatory local requirements and the conditions applicable to that entity may supplement or replace provisions of these global Terms.

Entire Agreement

The applicable contractual documents constitute the agreement between the parties concerning the Services and supersede prior discussions or representations relating to the same subject, except in cases of fraud or where mandatory law provides otherwise.

Severability

If any provision is found invalid or unenforceable, the remaining provisions shall continue to apply to the maximum extent permitted by law.

No Waiver

Failure or delay by either party to enforce a contractual right shall not automatically constitute a waiver of that right.

Assignment

Neither party may assign the contract in a manner inconsistent with applicable law or accreditation requirements. GAR may arrange performance through appropriate GAR entities and Network Resources as permitted by these Terms and the applicable service requirements.

Electronic Communications

Quotations, orders, approvals, reports, invoices and other contractual communications may be transmitted electronically where legally permitted.

Changes to These General Terms

GAR may update these General Terms for future assignments to reflect legal, regulatory, accreditation, operational or business developments. The version applicable to an assignment will normally be the version incorporated into or applicable when the relevant contractual relationship is entered into, unless the parties agree otherwise.