General Terms & Conditions
1.0 Work to be undertaken by the Institute, and responsibility thereof will commence only after
receipt of advance payment and sample (s) / equipment (s) at the Institute, in good order, and
also any required clarifications etc., whichever is later.
1.1 In case of delay in receipt of payments, the Institute reserves the right, at its discretion, to
undertake any one or more of the following : -
a) Terminate the contract, with no liability or responsibility on the Institute.
b) Charge interest @ 18% p.a. on the delayed payment.
c) Take any or all measures available in law to recover the dues.
1.2 If the method of analysis / calibration is not specified by the Customer, the Institute will, at
its discretion, follow any published method, or the Institute’s own developed and validated
method, which may be separately checked with the Institute, if desired.
1.3 Chemicals/ Samples should be properly sealed / packed and labelled so that there is no
leakage or seepage during transit
1.4 The Institute, at its discretion reserves the right to refuse any Sample(s) for analysis and
the customer will be notified of any such decision.
1.5 It is the Institute’s endeavor to complete the work within the due date as mentioned in the
Order Acceptance. However, this may at times be subject to some delays, due to exigencies
or factors beyond the control of the Institute. While the Institute will do its best to avoid or
reduce any delay, it accepts no liability in this regard.
Requests for undertaking work on urgent basis, or for modification of the work assigned to the
Institute, may be considered by the Institute with additional
charges, but subject to the Institute’s convenience.
1.6 It is mandatory to mention the sampling criteria in the Relevant Report/ Certificate whether
sampling was carried out or not carried out by the Institute.
1.7 It is mandatory to submit PAN/ TAN at the time of order booking, failing which the Relevant
Report/ Certificate may be withheld.
2.0 REPORT/ CERTIFICATE AND INDEMNIFICATION
2.1 The Report/ Certificate shall not be reproduced except in full, without written approval of
the Institute.
2.2 Copyright of Report/ Certificate and all information and data contained in it, with the
exception of information provided by the customer, are owned by the Institute and should not
be reproduced in any form whatsoever.
2.3 Photocopies, Scanned Copies or any other form of the original Report/ Certificate are not
valid for documentary, business or any other purposes and the Institute will not guarantee the
authenticity of any photocopy, scanned copy etc. of these Reports/ Certificates.
2.4 The customer shall indemnify and will not hold responsible the Institute, employees &
subcontractor for any claim whatsoever in relation to any Report/ Certificate arising from
unclear, erroneous, incomplete, misleading or false information provided to the Institute, or
arising from any incorrect or defective materials or Samples provided to the Institute.
3.0 PAYMENT
3.1 Analysis charges are payable in advance by Demand Draft/ Cheque in favor of “Shriram
Institute for Industrial Research” (subject to realisation) or as agreed in Contract Agreements.
3.2 Payment made by Cash/NEFT/RTGS shall be communicated to the Institute at :-
customercare@shriraminstitute.org
4.0 CANCELLATION
4.1 The Institute may, at its sole discretion, accept requests for cancellation of the work,
provided, however : -
A) The Institute will not refund payments already received till the date of cancellation.
B) The customer will be obliged to pay balance dues, if any, as on the date of cancellation,
including the value of the work already done, which will be as per the Institute’s assessment.
C) Work accepted on urgent basis cannot be cancelled.
5.0 DISPOSAL OF SAMPLES
5.1 a) All samples lying at the Institute will be disposed off after 30 days of completion of the
work by the Institute or as per regulatory requirements, unless otherwise agreed by the
Institute in writing.
b) Samples lying with the Institute, against which payment has not been received, or other
documentation / requirements have not been deposited/ met by the Customer, shall be taken
back from the Institute within 15(fifteen) days of the due date of the required payment /
documentation / other requirements otherwise Institute will dispose it off at customer's risk and
cost.
c) A similar procedure as above will be followed by the Institute in respect of equipment
received from the Customer for calibration or other work, except that the equipment will not be
disposed off, but returned to the Customer at Customer’s risk and cost.
d) If the Customer wishes to collect its samples or equipment personally, it may do so through
its authorized representative, duly authorized in writing by a competent authority of the
Customer empowered to issue such authorizations.
The authorizations must give reference to the Registration number issued by the Institute for
each work.
6.0 LIABILITY
6.1 The Institute takes all work in good faith and does not accept any responsibility of
consequences or any other liability. All responsibilities of the Institute will cease on the
handing over of Relevant Report/ Certificate. Without prejudice to the foregoing, the liability of
the Institute will not in any event exceed ten percent of the value of each Job, or ten percent
of the amounts received by it till date, whichever is lower.
6.2 Test results of any sample of the customer cannot be extrapolated to cover the entire
batch from which the sample has been drawn, or any other batch. The Institute assumes no
responsibility or liability whatsoever for the use of its test results by the Customer for any and
all purposes that the customer may have applied them to, or may have in mind.
6.3 The Institute shall not be responsible for the loss or damage (such as loss of income or
revenue, loss of business, loss of profit or contracts, loss of anticipated savings, loss of data,
waste of management or office time) however arising and whether caused by tort (including
negligence), breach of contract or otherwise, even if foreseeable.
7.0 SAFETY
7.1 Customer MUST inform the Institute about any hazard relating to Samples submitted for
analysis.
7.2 Customer shall provide Material Safety Data Sheet (MSDS) of the Chemical/ Sample for
safe handling during the analysis
7.3 The Institute shall hold customer responsible for any injury arising from the handling of the
Materials/ Sample(s) that are not clearly labelled as being of hazardous nature.
8.0 DISPATCH OF REPORT/ CERTIFICATE
Relevant Reports / Certificates and / or equipment, will be handed over at the Institute’s
office to an authorized representative of the Customer, duly authorized in writing, by a
competent Authority of the Customer, empowered to issue such authorizations. In case the
Relevant Reports / certificates / equipment are not so collected within 10 (ten) working
days of intimation to the Customer, these will be sent by registered post / courier at the
address of the customer as contained in the Institute’s Order Acceptance.
In case the Customer desires these to be sent to any other address, this must be clearly
indicated by the Customer, and mentioned in the Institute’s Order Acceptance. The
responsibility of counter-checking the address to which these are to be sent is that of the
Customer.
9.0 FORCE MAJEURE
The Institute shall not, in any way, be held liable for non-performance either in whole or in
part related to Job request, or for any delay in performance thereof, in consequence of any
strike, lock-out, non-availability of materials, fire, breakdowns or accidents, riots, war,
insurrection, or restraints imposed by Central or State Governments, Acts of legislature or
by any other authority or by reason of any other causes whatsoever beyond its control.
10.0 JURISDICTION AND SETTLEMENT OF DISPUTE
10.1 The Courts at Delhi shall have exclusive jurisdiction to entertain any dispute arising
out or in connection to this Job request and shall be governed and construed in
accordance with the Laws of India.
10.2 In case any dispute or difference arises between the parties (Parties means-
Customer and Shriram Institute), both the parties shall make efforts to resolve the same
mutually within a period of 30 (Thirty) days failing which such disputes or differences shall
be settled by arbitration. The disputes or differences shall be referred to a sole arbitrator to
be appointed by Shriram Institute. The arbitration proceedings shall be governed as per
the Indian Arbitration and Conciliation Act, 1996 and award in pursuance thereof shall be
final and binding between the Parties. The venue of Arbitration shall be at Delhi. The
language of arbitration shall be English.
11.0 Shriram Applied Radiation Center (SARC) (in addition to the above)
11.1 The Customer must provide Products required to be irradiated, packed in standard
cardboard cartons having outer dimensions of 59cm X 43cm X 33 cm with minimum 5
plies. The cartons shall be sealed with BOPP tape or gummed paper tape. Cartons filled
with product should not exceed weight limits specified by SARC.
11.2 For Drug item (s) the Customer should obtain regulatory approval in the name of
SARC from Drugs Control Department Govt. of NCT of Delhi.
11.3 All cartons must be clearly marked either with Customer's name and product, or with a
code agreed between the Customer and SARC.
11.4 SARC at its discretion reserves the right to refuse to handle any product which :-
a) is not suitable for irradiation
b) has been received in damaged condition, or is inappropriately packed / sealed to
maintain sterility
c) has an excessively high bacterial count indicating bad production hygiene
d) Is considered a hazard to the Institute's Plant or to other Customers' products.
11.5 SARC at its discretion reserves the right to open any carton to examine the contents.
11.6 Microbiological test strips must not be inserted in the cartons except with the prior
approval of SARC in writing.
11.7 SARC is not responsible for any damage caused by irradiation to products due to
improper choice of materials used in the product or improper packaging or any other
reason not attributable to the Institute. The Customer is advised to consult SARC
regarding suitability and compatibility of materials for irradiation.
11.8 SARC will undertake the required dose for irradiation to properly packed products.
The Customer, however, shall be responsible for the quality, sterility and suitability of the
products for use at its end, and the Institute bears no liability or responsibility in this regard.
11.9 The date of delivery mentioned on the Order Acceptance is indicative. The Customer
is advised to contact SARC prior to the collection of irradiated products from SARCs
premises.
12.0 IP Rights: All know-how used and developed by the Institute during the course of the
work assigned to it will remain the property of the Institute, whether patented or not, and
the Customer may not use this for any purpose or disclose the same to any third Party or
Entity etc. without the express written permission of the Institute. The provisions of this
clause will remain valid in perpetuity.
13.0 Confidentiality: the Customer will treat as strictly confidential all information of the
Institute gained by it directly or indirectly, including know-how, business plans and
strategies, data and information pertaining to all business and functional aspects of the
Institute, such as organization, administrative, and other procedures and practices, etc.
whether or not related to the work being undertaken by the Institute under the Order
Acceptance. The Customer will not disclose or pass on such information to any of its
employees, business contacts, entity, or firm etc. in any manner. The provisions of this
clause will remain valid in perpetuity.
14.0 Notwithstanding anything, the Institute reserves the right to terminate this order
acceptance at any stage, without assigning any reasons, and without any cost or liability
upon the Institute.
However, in such an event, the Institute will refund all payments received from the
Customer (but without interest thereon), after adjusting dues, if any, from the Customer,
and also partial work already completed by the Institute, the value of which will be as per
Institute’s assessment.
15.0 Definitions:
15.1 “Analysis” wherever used and wherever applicable and relevant the word “analysis”
will include the work of calibration, measurement and irradiation besides testing.
15.2 “Institute” refers Shriram Institute for Industrial Research and its connected entities.
15.3 “Equipment” refers to customers’ equipment deposited with the Institute for calibration
or any other work.
SRI-GTC-21