Nemko Comlab - Accredited Testing and Certification

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STANDARD BUSINESS TERMS 1. THE ASSIGNMENT 1.1 The terms of this agreement govern the relation between the party applying for testing, evaluation or certification of equipment (the Applicant), the party responsible for design and production of the equipment (the Manufacturer) and Nemko Comlab performing the services. Before the commencement of any assignment, Nemko Comlab shall receive an order. The order shall include necessary specifications for the assignment. For conformity assessment relating to EU directives, the Manufacturer or his authorized representative established in the European community must issue the order. In cases where the Applicant acts on behalf of a third party, Nemko Comlab shall receive a written power-of-attorney. 1.2 If the assignment is to be carried out in relation to or with equipment from the Applicant, the Applicant is to submit, free of all costs, to Nemko Comlab test sample(s), installation and user's instruction, other technical documentation, extra components etc. to the extent found necessary by Nemko Comlab for the order in question. Any shipment, storage or use of the equipment is for the account and risk of the Applicant. This also applies if Nemko Comlab ships, stores or uses the equipment. 1.3 Nemko Comlab may at any time prior to start of the assignment, decide not to carry out the assignment. 1.4 Unless otherwise agreed, Nemko Comlab is free to subcontract specific parts of the assignment to another competent laboratory. 1.5 Any documentation or other results which Nemko Comlab in accordance with the order shall prepare, shall be delivered to the Applicant within a reasonable time after the conclusion of the assignment. Nemko Comlab may postpone such delivery until the Applicant has fulfilled its obligations pursuant to the agreement. 2. CHANGES TO THE ASSIGNMENT The Applicant or Nemko Comlab can in writing ask for changes to be made to the order. If the Applicant and Nemko Comlab agree to changes to the order, the Applicant and Nemko Comlab shall together prepare a description of the changes that are to be made. The description shall also regulate the effect the changes may have on the assignment, including time schedule and compensation. 3. PAYMENT The Applicant shall at the agreed time pay to Nemko Comlab the agreed compensation and any other agreed charge, irrespective of whether Nemko Comlab makes a demand for payment. Nemko Comlab may require that the Applicant pay the whole or part of the compensation before the assignment is started, or continuously under the assignment. If Nemko Comlab incurs unforeseen internal or external costs or expenses in connection with the assignment, Nemko Comlab may require that the Applicant cover these. If Nemko Comlab issues an invoice to the Applicant, the Applicant shall make payments to Nemko Comlab no later than 30 days after date of invoice. 4. PROPRIETARY RIGHTS TO DOCUMENTATION 4.1 Before the Applicant has fulfilled its obligations pursuant to the agreement, the Applicant acquires no rights to the documentation or other results prepared by Nemko Comlab in relation to the assignment. The Applicant does not acquire any right to parts of the assignment or anything related thereto which has been prepared by Nemko Comlab prior to or in connection with the assignment, and which is not included in the documentation or other result received by the Applicant. 4.2 Nemko Comlab may retain copies of the documentation or other results prepared by Nemko Comlab for the Applicant. Nemko Comlab has a right to use the documentation in accordance with applicable regulations, including any directives given by national or multi-national bodies that have the powers to give such directives. 5. TERMINATION OF THE AGREEMENT 5.1 The agreement is terminated forthwith if Nemko Comlab decides not to carry out the assignment pursuant to clause 1.3 above. 5.2 The Applicant may in writing and with reasonable notice to Nemko Comlab, terminate the agreement. Upon such termination, the Applicant shall pay to Nemko Comlab compensation for work carried out. In addition, the Applicant shall cover all internal or external costs and expenses Nemko Comlab has or may incur as a consequence of the termination. Nemko Comlab may also require the payment of additional compensation with up to 10% (ten per cent) of the total compensation agreed between the Applicant and Nemko Comlab for the assignment. 5.3 If the fulfilment of the agreement is made impossible or substantially more onerous for the Applicant or Nemko Comlab as a result of circumstances beyond the control of the affected party, and if such party can not reasonably be expected to have taken such facts into consideration at the time of entering into of the agreement, such party's obligations pursuant to the agreement shall be postponed until the circumstance has ceased to exist. If such circumstance has not ceased within 3 weeks of instigation, each of the parties may terminate the agreement forthwith. A circumstance beyond the control of Nemko Comlab shall include faults in the equipment used for the assignment, including equipment belonging to Nemko Comlab, and circumstances where others do not supply their services to Nemko Comlab in connection with the assignment. 5.4 If it is highly probable that the assignment can not be carried out pursuant to the order, or that the requested result can not be achieved, and the Applicant does not require that the assignment be carried out regardless, Nemko Comlab may at any time discontinue the assignment and terminate the agreement. 5.5 If the agreement is terminated pursuant to clauses 5.3 - 5.4 above, the Applicant shall pay to Nemko Comlab a proportionate part of the agreed compensation. 6. LIABILITY Nemko Comlab can only be held liable for direct economic loss that the Applicant suffers as a result of gross negligence or wilful misconduct from Nemko Comlab. Subsequently, Nemko Comlab can not be held liable for consequential losses, including indirect losses of the Applicant. In any event, the total liability for Nemko Comlab shall be restricted to NOK 500,000.-. Nemko Comlab is not liable for any damage to the equipment received by Nemko Comlab from the Applicant pursuant to clause 1.2 above, whether such damage is caused by shipping, storage or use of the equipment. Nemko Comlab is not liable for any loss the Applicant may suffer as a consequence of a termination of the agreement pursuant to clause 5 above. 7. INSPECTIONS AT APPLICANT - CHANGES If this is according to the assignment, Nemko Comlab has a right to conduct inspections at the Applicant and the party represented by the Applicant, in order to control whether the Applicant fulfils its obligations pursuant to the agreement, including the conditions set for use of the documentation prepared by Nemko Comlab with respect to the assignment. Upon demand by Nemko Comlab, the Applicant shall make available to Nemko Comlab further samples of the equipment in relation to which the assignment takes place, in order for Nemko Comlab to control that the equipment fills the requirements for the documentation prepared by Nemko Comlab. The Applicant shall in writing and without undue delay, inform Nemko Comlab of any changes of importance for the assignment, the documentation or other results prepared or under preparation by Nemko Comlab. All obligations pursuant to this clause shall survive the completion of the assignment for the Applicant by Nemko Comlab. 8. CONFIDENTIALITY Neither the Applicant nor Nemko Comlab shall make available information about the Applicant, Nemko Comlab or the assignment to any third party. This does not apply for information, which is publicly known, or information, which it is necessary to make available due to the assignment or the rest of the Applicant's or Nemko Comlab's activities. 9. GOVERNING LAW AND JURISDICTION This agreement shall be governed by and construed in accordance with Norwegian law. Any dispute between the Applicant and Nemko Comlab not amicably solved shall be subject to the jurisdiction of the courts of Norway, with Oslo City Court as due venue.
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TELECOM DIRECT

DECT
Radio
Bluetooth
GSM

EMC
FCC
SAR

PSTN
ISDN
xDSL
Leased Lines
Russia/ Gost

Safety
Environmental Tests
Notified Body
Services
Antenna Cal

Order Form
Business Terms

Travel

PDF brochures

STANDARD BUSINESS TERMS

1. THE ASSIGNMENT

1.1 The terms of this agreement govern the relation between the party applying for testing, evaluation or certification of equipment (the Applicant), the party responsible for design and production of the equipment (the Manufacturer) and Nemko Comlab performing the services.

Before the commencement of any assignment, Nemko Comlab shall receive an order. The order shall include necessary specifications for the assignment.

For conformity assessment relating to EU directives, the Manufacturer or his authorized representative established in the European community must issue the order. In cases where the Applicant acts on behalf of a third party, Nemko Comlab shall receive a written power-of-attorney.

1.2 If the assignment is to be carried out in relation to or with equipment from the Applicant, the Applicant is to submit, free of all costs, to Nemko Comlab test sample(s), installation and user's instruction, other technical documentation, extra components etc. to the extent found necessary by Nemko Comlab for the order in question.

Any shipment, storage or use of the equipment is for the account and risk of the Applicant. This also applies if Nemko Comlab ships, stores or uses the equipment.

1.3 Nemko Comlab may at any time prior to start of the assignment, decide not to carry out the assignment.

1.4 Unless otherwise agreed, Nemko Comlab is free to subcontract specific parts of the assignment to another competent laboratory.

1.5 Any documentation or other results which Nemko Comlab in accordance with the order shall prepare, shall be delivered to the Applicant within a reasonable time after the conclusion of the assignment. Nemko Comlab may postpone such delivery until the Applicant has fulfilled its obligations pursuant to the agreement.

2. CHANGES TO THE ASSIGNMENT

The Applicant or Nemko Comlab can in writing ask for changes to be made to the order.

If the Applicant and Nemko Comlab agree to changes to the order, the Applicant and Nemko Comlab shall together prepare a description of the changes that are to be made. The description shall also regulate the effect the changes may have on the assignment, including time schedule and compensation.

3. PAYMENT

The Applicant shall at the agreed time pay to Nemko Comlab the agreed compensation and any other agreed charge, irrespective of whether Nemko Comlab makes a demand for payment. Nemko Comlab may require that the Applicant pay the whole or part of the compensation before the assignment is started, or continuously under the assignment.

If Nemko Comlab incurs unforeseen internal or external costs or expenses in connection with the assignment, Nemko Comlab may require that the Applicant cover these.

If Nemko Comlab issues an invoice to the Applicant, the Applicant shall make payments to Nemko Comlab no later than 30 days after date of invoice.

4. PROPRIETARY RIGHTS TO DOCUMENTATION

4.1 Before the Applicant has fulfilled its obligations pursuant to the agreement, the Applicant acquires no rights to the documentation or other results prepared by Nemko Comlab in relation to the assignment.

The Applicant does not acquire any right to parts of the assignment or anything related thereto which has been prepared by Nemko Comlab prior to or in connection with the assignment, and which is not included in the documentation or other result received by the Applicant.

4.2 Nemko Comlab may retain copies of the documentation or other results prepared by Nemko Comlab for the Applicant. Nemko Comlab has a right to use the documentation in accordance with applicable regulations, including any directives given by national or multi-national bodies that have the powers to give such directives.

5. TERMINATION OF THE AGREEMENT

5.1 The agreement is terminated forthwith if Nemko Comlab decides not to carry out the assignment pursuant to clause 1.3 above.

5.2 The Applicant may in writing and with reasonable notice to Nemko Comlab, terminate the agreement. Upon such termination, the Applicant shall pay to Nemko Comlab compensation for work carried out. In addition, the Applicant shall cover all internal or external costs and expenses Nemko Comlab has or may incur as a consequence of the termination. Nemko Comlab may also require the payment of additional compensation with up to 10% (ten per cent) of the total compensation agreed between the Applicant and Nemko Comlab for the assignment.

5.3 If the fulfilment of the agreement is made impossible or substantially more onerous for the Applicant or Nemko Comlab as a result of circumstances beyond the control of the affected party, and if such party can not reasonably be expected to have taken such facts into consideration at the time of entering into of the agreement, such party's obligations pursuant to the agreement shall be postponed until the circumstance has ceased to exist. If such circumstance has not ceased within 3 weeks of instigation, each of the parties may terminate the agreement forthwith.

A circumstance beyond the control of Nemko Comlab shall include faults in the equipment used for the assignment, including equipment belonging to Nemko Comlab, and circumstances where others do not supply their services to Nemko Comlab in connection with the assignment.

5.4 If it is highly probable that the assignment can not be carried out pursuant to the order, or that the requested result can not be achieved, and the Applicant does not require that the assignment be carried out regardless, Nemko Comlab may at any time discontinue the assignment and terminate the agreement.

5.5 If the agreement is terminated pursuant to clauses 5.3 - 5.4 above, the Applicant shall pay to Nemko Comlab a proportionate part of the agreed compensation.

6. LIABILITY

Nemko Comlab can only be held liable for direct economic loss that the Applicant suffers as a result of gross negligence or wilful misconduct from Nemko Comlab. Subsequently, Nemko Comlab can not be held liable for consequential losses, including indirect losses of the Applicant.

In any event, the total liability for Nemko Comlab shall be restricted to NOK 500,000.-.

Nemko Comlab is not liable for any damage to the equipment received by Nemko Comlab from the Applicant pursuant to clause 1.2 above, whether such damage is caused by shipping, storage or use of the equipment.

Nemko Comlab is not liable for any loss the Applicant may suffer as a consequence of a termination of the agreement pursuant to clause 5 above.

7. INSPECTIONS AT APPLICANT - CHANGES

If this is according to the assignment, Nemko Comlab has a right to conduct inspections at the Applicant and the party represented by the Applicant, in order to control whether the Applicant fulfils its obligations pursuant to the agreement, including the conditions set for use of the documentation prepared by Nemko Comlab with respect to the assignment. Upon demand by Nemko Comlab, the Applicant shall make available to Nemko Comlab further samples of the equipment in relation to which the assignment takes place, in order for Nemko Comlab to control that the equipment fills the requirements for the documentation prepared by Nemko Comlab.

The Applicant shall in writing and without undue delay, inform Nemko Comlab of any changes of importance for the assignment, the documentation or other results prepared or under preparation by Nemko Comlab.

All obligations pursuant to this clause shall survive the completion of the assignment for the Applicant by Nemko Comlab.

8. CONFIDENTIALITY

Neither the Applicant nor Nemko Comlab shall make available information about the Applicant, Nemko Comlab or the assignment to any third party. This does not apply for information, which is publicly known, or information, which it is necessary to make available due to the assignment or the rest of the Applicant's or Nemko Comlab's activities.

9. GOVERNING LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance with Norwegian law. Any dispute between the Applicant and Nemko Comlab not amicably solved shall be subject to the jurisdiction of the courts of Norway, with Oslo City Court as due venue.

Nemko AS
Nemko Comlab
Gåsevikveien 8, Kjeller
Norway
Tel: +47 6484 5700, Fax: +47 6484 5705
Email:

Updated 10 October 2008