Terms & Conditions – Website
The term ‘Acumen’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Plot No. 256, Tingkat Perusahaan 5, Kawasan Perindustrian Perai 2, 13600 Perai Penang, Malaysia. Our company registration number is 514926-V. The term ‘you’ refers to the user or viewer of our website.
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
– you may print or download to a local hard disk extracts for your personal and non-commercial use only
– you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the terms and conditions provided here.
6. All copyrights, trade marks and service marks belong to their respective owners.
7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Malaysia.
Terms & Conditions – Laboratory Testing
- “Acumen” means Acumen Scientific Sdn. Bhd.;
- “Client” means the person, firm or company to whom a Quotation is addressed or for whom any Services are carried out;
- “Confidential Information” means all information which a party may have or acquire before or after the date of the Contract which relates to a party’s business, products, developments, trade secrets, know-how or other matters connected with the Services and information concerning a party’s relationships with actual or potential clients, customers or suppliers and all other information designated as confidential or which ought reasonably to be considered confidential;
- “Contract” means the contract for the supply of Services comprising the Quotation and these Conditions;
- “Price” means the price stated in the Quotation, or otherwise agreed with the Client together with all other sums due pursuant to the Conditions;
- “Quotation” means Acumen’s quotation which shall be subject to the Conditions save to the extent of any inconsistencies which will be resolved in favour of the terms of the Quotation;
- “Report” means any certificate, technical report, non-destructive test or inspection record, drawing, spreadsheet, recommendation, advice or the like issued by Acumen in respect of a Service;
- “Sample(s)” means any material, item, product or compound supplied by the Client to form the basis of a Test;
- “Service(s)” means the service(s) (including, but not limited to, Tests, inspection, auditing, certification, consulting and/or calibration services) specified in the Quotation;
- “Test” means any testing, analysis, assay, inspection, sampling and sample preparation or the like specified in a Quotation.
2.1 All Samples submitted to Acumen for analysis shall be clearly identified with company name, person-in-charge, sample name, sample marking, parameter tested, specifications (if have) and mode of delivery the certificates of analysis.
2.2 No other party is entitled to give instructions, mainly on the scope of Services or the delivery of Reports or certificates or billing to another party. Unless the Client provides prior written instructions or letters to Acumen.
2.3 All the analysis results and Reports performed by Acumen shall be kept confidential by Acumen and Acumen shall not disclose such information to any unauthorised third party.
2.4 All the analysis results shown in the certificates of analysis refer only to Sample(s) received and tested, such Sample(s) are retained for 30 days only or other shorter time period as the nature of the Sample permits and then disposed of at Acumen’s discretion after which Acumen shall cease to have any responsibility for such Samples. Samples shall be returned to the Client only if prior instructions in writing in that regard are received by Acumen and the Client shall be charged for all costs associated therewith.
2.5 The Client shall provide sufficient information, instructions, and documents are given in due time to enable the required Services to be performed.
2.6 The Client represents and warrants to Acumen the completeness and accuracy of all documents and information supplied to Acumen for the purposes of Acumen fulfilling the Services, both at the time of supply and subsequently. The Client further warrants that in the event that it discovers that certain information provided is not accurate or complete, it will notify Acumen of this as soon as the Client becomes aware of it.
2.7 The Client agrees to indemnify, keep indemnified and hold harmless Acumen from and against all Losses which Acumen may suffer or incur arising out of or as a result of:
- a) any breach or negligent performance or failure in performance by the Client of the terms of the Contract;
- b) breach of any law by the Client in connection with the performance of the Services; or
- c) any claim threatened or made against Acumen by any third party arising out of the Services or out of any delay in performing or failure to perform the Services (unless such claim is solely or partly attributable to the fault or negligence of Acumen).
Notwithstanding any other provision of these Conditions, the Client’s liability under this indemnity shall be unlimited.
2.8 The results and recommendations guaranteed herein are based upon our professionals and are believed to be accurate. Certificates of analysis are distributed without warranty, expressed or implied, and the person receiving them shall make his own determination of the suitability.
2.9 Client shall procure all necessary access for Acumen’s representatives to the premises where the Services/monitoring/assessments are to be performed and take all necessary steps to eliminate or remedy any obstacles to or interruptions in, the performances of the Services.
2.10 Client shall inform Acumen in advance of any known hazards or dangers, actual or potential associated with any order or Samples or premises, for example presence or risks of radiation, toxic or noxious or explosive elements, environmental pollution or poisons.
2.11 In the event of unforeseen problems or expenses arise in the course of carrying out the Services, Acumen shall endeavour to inform Client and shall be entitled to charge additional fees to cover extra time and cost necessarily incurred to complete the Services.
2.12 If the Client is required to terminate or canceled the analysis while the analysis has been carried out. Acumen shall be entitled to payment of proportion of the Services actually carried out.
2.13 Results or Reports are issued on the basis of information, documents and/or Samples provided by or on behalf of Client. Acumen is not responsible to any incorrect results arising from unclear, erroneous, incomplete, misleading or false information provided by Client who will directly/indirectly affect the findings or the accuracy of the results.
2.14 The certificates or Reports are only valid when signed by an authorised chemist or approved signatory of Acumen. In the event of any discrepancy between information transmitted electronically and information sent in paper or “hard copy” form to any Client, the information contained in the signed hard copy version shall be deemed to be correct.
2.15 Acumen owns the copyright of the Certificate of Analysis and this certificate must not be published without prior written approval of Acumen. Use of Acumen’s corporate name or registered marks for advertising purposes is not permitted without Acumen’s written authorisation.
2.16 Acumen is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
- Disclaimer / Liability
3.1 Acumen shall not be liable to the Client and/or any third party whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, loss of market, loss of contract, damage to goodwill, loss of anticipated savings, loss of revenue, loss or damage incurred and/or any indirect or consequential loss howsoever caused.
3.2 Acumen’s total aggregate liability under the Contract in any calendar year (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with the performance or contemplated performance of the Contract or any delay in performance or failure to perform by Acumen or otherwise howsoever arising shall be limited to a total aggregate sum equal to 10 times the amount of the fee paid in respect of the Service which give rise to such claim or USD20,000 whichever is the lesser.
3.3 Subject to the other provisions of the Conditions, any claim by the Client against Acumen shall be made in writing and notified to Acumen within one (1) year of completion of the Services under the Contract by Acumen to the Client.
3.4 All Services are undertaken in good faith, to a reasonable standard of care and on a confidential basis. Reports are issued on the basis of information known to Acumen at the time that the Services are carried out. Although Acumen will use all reasonable endeavours to ensure accuracy, the Services depend, inter alia, on the effective co-operation of the Client, its staff and on the information submitted to Acumen. Save as required by law, no representation or warranty, whether express or implied or otherwise as to the accuracy of a Report is given by Acumen. In consequence, all Reports are prepared on the basis that:
- a) there is no responsibility to any person or body other than the Client;
- b) they are not carried out for any particular purpose and no statement is to be deemed, in any circumstances to be or give rise to a representation, undertaking, warranty or contractual condition unless specifically stated;
- c) they are determined solely by the professional analysis undertaken by Acumen’s staff on each individual Contract and any forecasts by Acumen of the results is an estimate only;
- d) Acumen is entitled to be paid the Price irrespective of the results or conclusions reached in the Report;
- e) the results of the Services shall address the items and information submitted only and are not to be regarded as representative of any larger population from which the Sample was taken; and
- f) the results are final and approved by Acumen. Acumen shall be under no liability where the Client has acted on preliminary, unapproved results or advice.
3.5 All time limits, if any, for the provision of the Services are estimates and no undertaking is given to carry out the Services or to despatch any Report within any period of time. Time of performance of the Services shall not be of the essence to the Contract.
3.6 Acumen shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Acumen’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Acumen’s reasonable control. Without prejudice to the generality of the foregoing, causes beyond Acumen’s reasonable control shall include an Act of God, explosion, adverse weather conditions, flood, earthquake, tempest, fire, accident, war or threat of war, acts or threats of terrorism, sabotage, insurrection, riot, civil disturbance, requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of the governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Acumen or of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown or faulty or malfunction or defective in equipment or machinery.