Sample Shipping Address
Standards limitations - The following are limitations of IAPMO EGS’s OSHA NRTL scope for the below standards:
UL 399 (Drinking Water Coolers)
UL 197 (Commercial Electric Cooking Appliances)
UL 73 (Motor-Operated Appliances)
UL 778 (Motor-Operated Water Pumps)
UL 875 (Electric Dry-Bath Heaters)
UL 962 (Household and Commercial Furnishings)
UL 979 (Water Treatment Appliances)
UL 763 (Motor-Operated Commercial Food Preparing Machines)
UL 1431 (Personal Hygiene and Health Care Appliances)
UL 1795 (Hydromassage Bathtubs)
UL 1951 (Electric Plumbing Accessories)
Follow-Up Services Fees -IAPMO EGS certification program as dictated by OSHA requires quarterly inspections with the tentative charges of $1,000 (per US factory) / $1,300 (per Non-US factory). New client or new manufacturing site is subjected initial production inspection before certification is issued. All inspection travel expense will be kept at minimum but will be billed separately from inspection fees. Listee is charged quarterly for continuous certification listing. The current rate for continuous certification listing is $300.
Assumptions for Quoted Projects:
Required Information for Quoted Projects:
Hazardous Statement - Since your product(s) are potentially hazardous (i.e. risk of electric shock, fire, injury to persons), Applicant shall notify IAPMO EGS immediately if Applicant becomes aware of any safety related issue on the subject of this Application that could lead to a potential hazard.
Decision rule statement -The statement of compliance in our test report or listing documents is based on the test results compared to the standard specifications without considering measurement uncertainty.
Terms and Conditions
This Quotation and these Terms and Conditions (together the Agreement) constitute the entire understanding of the parties concerning the subject matter hereof, and supersedes all prior agreements and understanding, whether written, oral or otherwise, between the parties, and may be altered or amended only in a writing signed by both parties.
As a condition to receiving the Information furnished by Company, or to which IAPMO EGS is afforded access, directly or indirectly, IAPMO EGS agrees to hold and treat the Information furnished by Company in strict confidence, and shall not, without the prior written consent of Company, use or disclose the Information or any part thereof except (i) in connection with IAPMO EGS’S engagement by the Company, or (ii) as required under applicable law or IAPMO EGS’s accreditation.
For purposes of this Agreement, the term “Information” shall include any technical information, including but not limited to inventions, know-how, trade-secrets, methods, techniques, processes, designs, drawings, diagrams, formulae and analysis, and any business and financial information, including but not limited to price lists, customer lists, costs analyses, reports, surveys and market information and data.
Confidential Information shall not include information which (a) is or becomes publicly known through no breach of this Agreement; (b) is known to the receiving party prior to the disclosing party sharing it; (c) is disclosed to the receiving party by a third party having no confidentiality obligation to the disclosing party; or (d) is independently developed by receiving party without using the Information.
If IAPMO EGS is requested to disclose any Information, it will promptly notify Company to permit Company to seek a protective order, or to take other appropriate action, prior to disclosure of such Information.
Use of Test Report
IAPMO EGS anticipates generating a test report pursuant to the Agreement (the Test Report). Company is prohibited from the following:
Jurisdiction and Governing Law
The validity, construction, interpretation and enforceability of this Agreement is intended and shall be controlled by the laws of California, excluding those laws of California relating to the resolution of conflict of laws of different jurisdictions. In the event of any dispute or litigation with regard to the interpreting or enforcing the terms hereof, the exclusive venue and jurisdiction shall be San Bernardino County, California, and each Party waives any defense, whether asserted by motion or other pleading, that San Bernardino County, California is an improper or inconvenient venue or jurisdiction.
Waiver of Jury Trial
All disputes with respect to this agreement shall be tried before a judge in a court of competent jurisdiction without a jury. The judge in such court of competent jurisdiction shall have the power to grant all legal and equitable remedies. By executing this agreement, each party hereby waives and covenants not to assert its constitutional right to trial by jury of any
disputes, including, but not limited to, disputes relating to the acts or omissions of a party hereto.
Costs and Attorneys’ Fees
The parties agree that, in the event litigation relating to this Agreement is filed by either party, the non-prevailing party in such litigation will pay the prevailing party’s costs resulting from the litigation, including reasonable attorneys’ fees.
Limitation of Liability
Except for claims of gross negligence or intentional misconduct, and for claims of amounts owed by Company to IAPMO EGS under this Agreement, in no event shall either party be liable for any indirect, incidental, special or consequential damages incurred by the other party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages. Further, subject to the exceptions set forth herein, in no event shall IAPMO EGS’S liability hereunder exceed the amount of fees paid by Company under this Agreement. The provisions of this Agreement allocate the risks between the parties and IAPMO EGS’s pricing reflects this allocation to which the parties have agreed.
The Company shall indemnify, defend and hold harmless IAPMO EGS, and its officers, directors, partners, affiliates, members and employees from and against all demands, claims, damages to persons and/or property,
losses and liabilities, including reasonable attorney fees (collectively “Claims”) arising out of or caused by the Company’s negligence or intentional misconduct. Further, Company hereby waives his right to file a cross-complaint against IAPMO EGS for indemnity and contribution.
If any provision of this Agreement is deemed to be illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any law, ordinance or regulation, such provision to the extent possible shall be interpreted in such a manner to comply with such law, ordinance or regulation, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.
Except as otherwise expressly provided herein, no purported waiver by any party of any breach by the other party of its obligations, presentations, warranties, agreements or covenants hereunder shall be effective unless in writing, and no failure to pursue or elect any remedy with respect to any default under or breach of any provisions of this Agreement shall be deemed to be a waiver of any subsequent, similar or different default or breach.