2022-08

Pricing, Invoicing & Late Payment

 

  1. Testing and/or evaluations will be scheduled upon receipt of signed quotation and product documentation including the populated Additional Project Information (API) and/or Equipment Under Test (EUT) form. Any prepayment must be received prior to commencement of any testing.
  2. Products are required for testing. Products, including supporting equipment (documents, cables, adapters, etc) and software needed to put the equipment into proper test modes, must be received in reasonable time before the scheduled start date for the Services. Additional costs may incur if samples or documentation are delivered after the scheduled start date.
  3. All critical components shall have the appropriate agency certification marks consistent with the Services.
  4. Lead times are non-binding and are provided under the assumption that all documentation and Products required have been provided.
  5. Unless otherwise stated, the quotation assumes that the EUT and support system provided by the Customer do not require extraordinary electrical power, the use of pressurized air >100psi, extreme heat, toxic gases/chemicals, nor any hazardous/unstable materials.
  6. The requested radio frequency ranges and application in all listed countries cannot be guaranteed unless a dedicated pre-investigation is ordered.
  7. Unless otherwise agreed, all user manuals and product documentation shall be in English.
  8. Unless otherwise explicitly stated in the quotation with reference to this provision, the following activities shall under any circumstances be deemed to represent additional services, which will be charged on a time and materials basis, or based upon a standard fee:
    a. Re-testing or re-examination after the test covered by the initial test scope has failed
    b. Unannounced/Unscheduled audits
    c. Work associated with the closing of non-compliances identified during audits or inspections
    d. Issuance of hard copy test reports rather than digital reports. In such case, a standard fee of 300 Euros per individual copy shall incur.
  9. Nemko reserves the right to officially terminate the Agreement and the project after 60 days of inactivity and invoice for the work performed. When the Customer is ready to continue the project, a new quotation will be issued.
  10. Nemko reserves the right to invoice line items as they are completed prior to overall project completion. Note that report items will also be invoiced when draft reports are issued and awaiting comments from client.
  11. Market access may depend on testing, certification, inspection and agency services provided by third parties and needed for the purpose of market access in the countries concerned. Unless explicitly stated in the quotation, these services and the corresponding cost are not covered by his quotation. Market access may depend on separate agreements being signed between customer and these third parties.
  12. The IA services are provided on a best effort basis. Nemko is not in a position to undertake an obligation of result and reserves  the right to stop the project in case of substantiated unacceptable risk for Nemko or its personnel, or in case of integrity challenges
  13. The issuance and maintenance of a certificate, may be dependent on payment of an annual fee or license, as well as onsite inspections. The annual license fee for the year of the quotation will be calculated from the month when the certificate is granted. The estimated license fee is included in our prepayment invoice. If there is any difference between actual due annual license fee and the prepaid annual license fee, an invoice/credit will be issued upon completion of project.
  14. Nemko reserves the right to invoice line items fully or partially as they are completed prior to overall project completion, or in case the project takes more time than planned Note that report items will also be invoiced when draft reports are issued and awaiting comments from client.
  15. Customer may terminate the Agreement with Nemko reserves the right to charge incurred costs and lost revenue in case of customers late cancellations relative to the service quoted.
  16. If the Customer has any objections to the invoice, such objections must be made in writing to Nemko within 14 days after receipt of the invoice. The Customer accepts that objections to the invoice raised later than 14 days after receipt of the invoice ar  considered time-barred. The Customer is not entitled to offset any amount owed to Nemko against amounts owed to the Customer.
  17. Payment of invoices shall take place within 30 days from issuance.
  18. Without prejudice to any other right or remedies, if the Customer fails to pay Nemko on the due date, Nemko may:
  19. Charge interest on such sum from the due date of payment at the monthly rate of 1,5%, accruing on a daily basis and being compounded monthly until payment is made; and
  20. Suspend all services until payment has been made in full. Notwithstanding any such suspension of the services, the Customer shall pay Nemko for all rendered services by Nemko up to the date of suspension, plus all documented interest and suspension costs and expenses incurred by Nemko; and reimburse Nemko for all costs and expenses of collection of the invoiced amount, including reasonable legal fees.