Terms and conditions of sale

GENERAL CONDITIONS OF HeX GROUP – HYGIENE & EXPERTISE
CG HeX GROUP 2016.12.05 v.2
HeX GROUP – HYGIENE & EXPERTISE SPRL (hereinafter: HeX)

Porte des Bâtisseurs 145, 7730 Estaimpuis – Belgium RPM Tournai BE 0523.915.806

ARTICLE 1: ORDERING

1.1. These general terms and conditions form an integral part of the contracts we enter into as both seller and service provider. These general terms and conditions, which apply subject to and without prejudice to any special terms and conditions set out in our specific contracts, take precedence over any conditions of purchase or any other document issued by the customer. Our failure to invoke any of the provisions of these terms and conditions at any time shall not be deemed a waiver of our right to invoke them at a later date.

1.2. These general terms and conditions apply to all our products and services. They apply immediately to all orders, even previous ones, as well as to all order modifications made by any means (notably e-mail, fax, etc.).

1.3.. Any drawings or specifications submitted to us by the customer are for information purposes only. It may not be invoked against us in the event of its interpretation. By placing an order, the customer declares that he is fully aware of the technical specifications of our products and services.

1.4. All customer orders (and changes thereto) must be expressly confirmed by us in writing in order to be considered accepted.

1.5. Lead times for the performance of our services or the delivery of our products are given for information only. They do not constitute a firm commitment on our part. The customer may never claim compensation or cancellation of any contract for any delay.

1.6. A Customer is considered as order and accepted without reserve the present Conditions general when it has validated (signed) our offer or us a made good order. The purchase order must include at least the number and version of our offer. In all cases, the Order will only be binding on us on the date on which we have expressly confirmed it. In all dealings with us, the customer is obliged to quote the reference of the accepted offer and that of our order confirmation. Orders are binding and cannot be cancelled once they have been accepted by us.

1. 7 Our product offers are subject to availability.

ARTICLE 2: SERVICES of HeX and its subcontractors

2.1. The Customer certifies and guarantees that its installations and the design of its building comply with the applicable legal, technical or safety standards allowing HeX’s services to be provided without risk, or that at the very least, this will be the case at the latest at the time of the intervention of HeX’s delegates.

2.2. Unless a prior technical visit has been agreed between the Customer and HeX, certain measurements and/or checks at the Customer’s premises may prove impossible (e.g. integrity tests). HeX cannot therefore be held responsible for the non-implementation of said measures.

2.3 HeX will only carry out the work expressly described in its offers. If, on site, additional work is requested by the customer, it may be carried out and invoiced at the current rate, after the customer has given his written agreement on the HeX operator’s Intervention Form. The agreement (signature) of a person representing the customer, even if different from the person who validated the offer, is sufficient to justify additional invoicing. The customer undertakes to allow us free access to the site for the duration of the work and to carry out all actions incumbent on him prior to HeX’s intervention: room cleaning, room depression, adjustment of inconsistent flow rates. Failing this, HeX may refuse to intervene and consider the order cancelled and apply article 3.3. of the present general terms and conditions.

2.4. Access to the worksite must be facilitated at all times for HeX delegates throughout the duration of the worksite, and optimum working conditions must be guaranteed for HeX delegates.

2.5. HeX personnel are under the exclusive authority of HeX. The Customer may not give any instructions to such personnel, except instructions concerning the execution of the subject matter of the contract, the practices to be followed and the tasks to be performed, concerning the correct use of machines, material, goods and documents of the Customer necessary for the execution of the contract.

2.6. Unless specifically stated in the contract, HeX is not responsible for the disposal of the Customer’s waste.

2.7. HeX cannot be held responsible for any control not carried out due to events for which the customer is responsible (room not cleaned, premises under pressure, inconsistent flow rates, etc.). Any additional service will therefore be subject to a rider or an agreement on the operator’s intervention file (Cf. 2.3).

2.8. In the case of the supply of certain products and/or equipment (filters, diffusers, instruments, agars, software, etc.), HeX cannot be held responsible for any malfunction attributable to its own supplier: late delivery, non-conformity of the product with the order, etc. HeX undertakes to deal with these problems in good faith. In the event of such problems, HeX undertakes to make every reasonable effort to find a suitable solution for the customer.

2.9. HeX cannot be held responsible for damage caused or observed after the departure of its intervention teams.

2.10. The customer undertakes to notify HeX, at least 5 working days before the scheduled date, if he wishes to postpone the date set for a service. Otherwise, it will be considered that the customer has canceled the service and article 4.3 will apply.

2.11. HeX will take into consideration unnecessary travel, as well as waiting times or delays not the responsibility of HeX, at the hourly rate in effect on the date of the service (cancellation, unavailability of premises or equipment to be checked, various breakdowns, etc.). ..). We therefore strongly recommend that our customers ensure the proper functioning and availability of the installation before our intervention.

2.12. It is the customer’s responsibility to ensure that fire detections are recorded to avoid any malfunction (fire alarm) during integrity tests. To this extent, HeX cannot be held responsible for the consequences in the event of failure to comply with this obligation.

2.13. The client must facilitate access to the audited facilities (provision of an access badge, a parking space, etc.). In the event of paid parking, the related costs will be invoiced to the customer at cost.

2.14. Our offers are calculated for carrying out the service under normal operating conditions. Our interventions may be affected by the hazards and various constraints of the site; in the event that these hazards and constraints are not attributable to us, our offers may be re-evaluated.

2.15. Non-availability, non-preliminary adjustment of equipment and non-availability of certain documents may cause delays in the services provided for which HeX cannot be held responsible.

2.16. Non-conformities may be discovered during the various tests that will be carried out. In the event of non-conformities noted and mentioned by HeX, additional tests or adjustments may be necessary. They are not part of HeX’s initial proposal and will be subject to an amendment or added value based on the unit price list.

2.17. The removal of non-compliance is not estimated in the calculation of the durations for carrying out the service. Any adjustment or re-testing carried out during themission will have an impact on the completion of all the tests initially planned and the organization of the service.

2.19.HeX LAB(in addition to the points mentioned above). The customer undertakes to provide HeX Lab with the safety data sheets of the samples it sends. The destruction and/or disposal of these samples is the responsibility of the customer. HeX may ask the customer to take the sample again after analysis. The customer guarantees that no sample presents any danger, either on site, during transport, in the laboratory or elsewhere to buildings, instruments, personnel or representatives of HeX. It is the customer’s responsibility to ensure compliance with hazardous waste regulations and to specially inform HeX staff or representatives of sample hygiene and safety issues, as for example on the possible presence in the sample of substances proven or supposed to be toxic or otherwise polluting and on the probable extent of the pollution as well as on the risks which this pollution represents for buildings, instruments, personnel and representatives of HeX. The customer will be responsible and will compensate HeX for all costs, damages, obligations and injuries which may arise at any time for HeX, its personnel or its representatives, in particular at the place of taking samples, during transport or in the laboratory, following processing of the customer’s sample. The customer will bear all extraordinary costs for the proper removal of hazardous waste from the sample, whether or not considered as such. At the request of HeX,

2.20 For a period of eight days from the date of sending the test results, the customer may request that HeX verify these results by carrying out new analyzes and evaluations. The cost of these new analyzes and evaluations will be borne by the customer. Furthermore, a new analysis is only possible if, at the time of receipt of the customer’s request, HeX still has original sampling material in sufficient quantity and quality in stock. If this is not the case, the customer is obliged to pay all costs, including those for sampling, transportation, analysis and collection of samples for re-analysis.

2.21 HeX may authorize, exceptionally and at the express request of the client, the execution of its service in the presence of foreign persons. These people are required to comply with safety, hygiene and confidentiality rules. Unless previously agreed between HeX and the client, these people must not intervene in the execution of the service. The customer must make the request to this effect at least 15 days before the start date of the tests. It must specify the names and qualifications of the people assisting in the service, as well as the company name of their company if it differs from that of the client. HeX reserves the right to invoice the customer for additional costs caused by the presence of people outside HeX. In the case where companies other than that of the client are allowed to attend the service,

ARTICLE 3: TRANSPORT – DELIVERY

3.1. HeX LAB: HeX is only responsible for the sample or product to be analyzed upon receipt of it. The condition upon receipt will be assessed by HeX LAB and if any doubt remains as to its integrity or its conservation during transport, HeX LAB will inform the customer and subsequent arrangements will be made in agreement between the parties, particularly regarding the carrying out of analyses. In the event that transport is taken care of by HeX (including subcontracting), HeX cannot be held responsible for any damage or loss of samples or products. HeX will make every effort to preserve the samples and products in their integrity and according to the conservation conditions.

3.2 Our Products are delivered to the location indicated in our order confirmations exclusively at ground level, or in the absence of specific stipulations in this regard, to our head office. If delivery to a location other than our head office is stipulated, the transport of our products will be carried out by us or by a carrier of our choice, with unloading to be carried out by the customer. Our products travel at the customer’s own risk. Our deliveries take place from Monday to Friday between 8 a.m. and 6 p.m. without commitment to a specific time. As soon as our products are available to the customer, the related risks are transferred to them. It is up to the Customer to carry out all checks and make any reservations upon arrival of the Products. In the absence of reservations expressly expressed by the Customer within 24 hours of delivery, the Products delivered to him will be deemed to conform in quantity and quality to the order and are presumed to be fully approved. HeX reserves the right to make partial deliveries depending on the availability of the products ordered. HeX may then partially invoice the items delivered to the Customer depending on the degree of delivery.

ARTICLE 4: PRICE – ORDER CANCELLATION

4.1. The prices appearing on our quotes are valid for one month but may nevertheless be modified following the increase in the price of raw materials, or any other parameter that may influence the calculation of our price (cost of labor, subcontractors , fuel, transportation, insurance, taxes, training courseschanges. . .). We cannot be held responsible for any printing errors in our brochures/catalogues. In the absence of a written quote from us, the prices are those in effect on the day of the service.

4.2. Any changes made to confirmed orders will be subject to a price adjustment, either upwards or downwards. The modification will be sufficiently justified by sending an email to the customer detailing the additional services requested by the latter, or made necessary by the execution of their initial order.

4.3. Cancellation by the customer of an order not yet executed involves payment to our benefit of fixed compensation of 60% of the order amount. Cancellation of an order in progress involves payment, as lump sum compensation, of all services already performed, in addition to lump sum compensation corresponding to 80% of the amount of the balance not yet executed of the order. If the order has already been executed or delivered to the customer, the full price is in any case due. This lump sum compensation occurs without prejudice to our right to request greater compensation taking into account the damage actually suffered which may be demonstrated.

4.4. Any existing or future tax set by law, such as VAT, customs fees, various taxes resulting from our sales and services, are the responsibility of the customer.

4.5. HeX DISTRIB (in addition to the above-mentioned points) The prices indicated are in euros excluding taxes and excluding postage, delivery, installation and packaging costs which are invoiced in addition. Prices are subject to variation during the year, it being understood that the products ordered are invoiced at the price in effect on the day the order is placed. VAT is invoiced at the legal rate in force. All orders are firm and final. It will be due in full.

ARTICLE 5: TRANSMISSION, COMMUNICATION AND USE OF THE RESULTS OF THE SERVICES

5.1 The results of the services carried out by HeX give rise to the establishment of a test report written in French or English according to the client’s request.

5.2 HeX Test Reports are signed electronically. The “qualified” electronic signature is produced on the basis of a qualified certificate, and designed using a secure electronic signature creation device (The conformity criteria for a “qualified” electronic signature are included in the law and its annexes: the law of 9/7/2001 and the royal decree of December 6, 2002). An extranet website for viewing and downloading results is available, with identifiers provided by an authorized member of the Quality department. Reportstests relating to HeX Lab services can be transmitted by e-mail (choice from HeX Lab)

5.3 Our test reports are archived electronically for 5 years.

5.4 Confidentiality: all information relating to the results as well as any document and file element provided by the client will be confidential. The results of the report cannot be communicated to third parties without written consent from the client.

5.5 Only the latest online version of our test reports is binding on third parties.

5.6 No modification or alteration of our test reports can be made after communication.

5.7 Reproduction of our Test Reports is only permitted in their complete form.

5.8 Any use of the results communicated by HeX or any reference to its work likely to mislead the consumer or user of the product or document may be pursued in accordance with the regulatory provisions in force. The HeX brand and its Logo remain our strict property, any partial or complete reproduction being strictly prohibited (except with the prior written consent of HeX) under penalty of prosecution.

ARTICLE 6: SERVICES UNDER COVER OF BELAC ACCREDITATION

6.1 Our service is carried out exclusively on the basis of the information mentioned in the analysis request form, the quote, the contract or the Intervention Sheet (FI) and is operated in accordance with the rules of the international standards ISO 17025 and ISO 17020.

6.2 The application of ISO 17025 only covers samples taken on time and tests meeting normative requirements.

6.3 Concerning the services entrusted to HeX Lab, the client authorizes it to implement the most appropriate means taking into account its experience. Therefore, if modifications compared to the reference texts must be implemented, they are mentioned in the Test Report.

6.4 Data related to the analytical processing of samples, and those related to measurement uncertainties can be consulted in the laboratory. When declaring or not non-compliance with the specification, the uncertainty associated with the results was not explicitly taken into account.

ARTICLE 7: PAYMENT – RESERVATION OF OWNERSHIP

7.1. The minimum amount of our services is €600.00 excluding taxes per man and per day or intervention, excluding travel costs and excluding surcharges.

7.2. Unless otherwise agreed between parties, our invoices are payable within 30 days of their issue, net and without discount. We reserve the right to invoice the entire agreed price upon our order confirmation and to require prior payment of our invoice before commencing execution of the contract.

7.3. When our client’s credit deteriorates, as well as in the event of failure to pay a single overdue invoice, we reserve the right, even after partial execution of a contract, to require from our client the guarantees that we deem appropriate for the proper execution of the commitments made. Refusal to comply gives us the right to immediately cancel at the sole fault of the customer all or part of the contracts concluded with him, even in progress, without any penalty payable by us.

7.4. Our goods, analyses, results and reports of tests, calibrations and inspections remain our property until full payment of the invoices relating thereto. The customer assigns to us all claims he has against third parties relating to our goods and services (non-limiting examples: insurance compensation, claims against third parties in the event of resale, etc.). Until full payment, the customer must keep our products in their current state and will bear all related risks alone.

7.5. If an invoice is not paid when due, we will be owed, automatically and without formal notice, as a penalty clause, a sum amounting to 20% of the unpaid amounts, with a minimum of 250 EUR . Any sum due will, in addition and under the same conditions, be increased by late payment interest at the rate of 1% per month, any month started being fully due. Failure to pay an invoice on the due date renders all other debts due, even if not due and even if delays have been granted.

7.6. Any late payment by the customer authorizes us to immediately suspend, automatically and without formal notice, our services for his benefit, all markets combined, and at his own risk.

7.7 HeX LAB (in addition to the above-mentioned points). All samples become the property of HeX to the extent necessary for the execution of the order. Unless the customer pays for storage, there will be no obligation or liability for HeX regarding the storage of samples delivered to it, including samples to be kept cold. If the customer is responsible for storage costs, HeX must take reasonable measures for the storage of samples in accordance with professional practice. Once analyzes are completed, HeX may dispose of or destroy the samples unless it has beenentered into a written agreement with the customer on the conditions under which HeX must retain the sample. HeX may also dispose of or destroy samples after the agreed retention period, without further notification and at the customer’s expense, if HeX has to incur additional costs to comply with any regulations (e.g. those regarding the disposal of hazardous waste). . If the customer requests the return of unnecessary sampling material, HeX will return it to the customer at the customer’s expense and risk.

ARTICLE 8: GUARANTEE – RESPONSIBILITIES

8.1. In all cases where it is incurred, our liability is limited to direct and foreseeable damage, to the exclusion of any indirect damage (by way of example and not exhaustive: costs, loss of profit, loss of approval, additional cost of obtaining a equivalent product…), resulting from our failure. In addition, the damages payable by us can never exceed the total amount excluding VAT provided for in the initial quote actually already paid by the customer. Our liability is also always excluded in the event of damage caused jointly by a defect in our products or services and in addition by a fault of the victim or a person for whom the victim is responsible. We also reserve the right to limit our guarantee to the renewal by us of the non-compliant product or service.

8.2. No guarantee is provided in the event of non-compliance with the technical specifications, advice and requirements notified by HeX to the customer.

8.3. As part of its service, no obligation of results can be imposed on HEX, which only bears an obligation of means to be implemented.

8.4. Any culpable failure by one party to fulfill its obligations will authorize the other party, after formal notice which remains unsuccessful 15 days after sending a registered letter, to terminate the contract by registered letter to the post office, without prejudice to the right to claim damages and interest to compensate for his loss. In the event of bankruptcy, liquidation or insolvency of one party, the other party may consider that the agreement is terminated automatically, without formality or compensation.

8.5. The client is required to take all useful measures to guarantee the safety and well-being of HeX staff at work.

8.6. The customer is solely responsible for protecting his equipment (e.g. against splashes of water or steam). HeX will never be responsible for any breakage or damage caused to “Neon” installations, lamps or light tubes, scratches to glass, windows and mirrors, as well as any damage attributable to the obsolescence or poor condition of the buildings, installations, furniture, materials, any damage resulting from loss of keys, damage to image, loss of earnings, moral damage, product recall, etc.

8.7. During the duration of the contractual relations between HeX and its client, as well as for a period of one year from the expiration of said contractual relations, the client is prohibited from associating or hiring, for any reason whatsoever. or, directly or indirectly, any person who, during these periods, is or has been an employee of HeX under an employment contract or an independent service contract. In the event of a breach of this commitment, the client will be liable to HeX for damages corresponding to the last annual cost (employer cost) of the said employee, however with a fixed minimum of fifty thousand euros.

8.8. HeX cannot be held responsible for any damage to the customer’s installations that is observed after the departure of its intervention teams.

8.9. HeX cannot be held responsible for any damage that could be caused to the laminating sails and laminating fabrics (diffusion system allowing the homogenization of air flows which is most often very fragile). Therefore, HeX asks the customer to take responsibility for handling these broadcasters.

8.10 HeX DISTRIB (in addition to the above-mentioned points) All products delivered by HeX (except perishable products) are, from their date of shipment, contractually guaranteed for use under normal conditions against any manufacturing defect, for a period of duration of one (1) year. This warranty is limited to the outright replacement of the parts delivered, without any other compensation. However, HeX cannot be held liable in the following cases: – deterioration resulting from misuse of our equipment by the customer or by third parties. – damage resulting from a lack of supervision, insufficient maintenance or a case of force majeure. – replacement of consumables (batteries, batteries, etc.) ) – the replacement of normally worn parts – defects and their consequences linked to any external cause. Replacement of parts does not extend the warranty period. The Products must also not have been the subject of any attempted repair not authorized by HeX. Under no circumstances does HeX guarantee that the Products sold are capable of responding to a particular problem specific to the Customer’s activity. The Customer having read the technical characteristics of the Products, has under his own responsibility, and according to his needs as determined by him, made his choice on the Products which are the subject of his order. HeX is therefore not required to provide any compensation to the User Customer or to third parties for the consequences of the use of the Products, whether direct or indirect damage, accidents to persons, damage to property separate from the Products sold, loss of profits or loss of profit, damage resulting from deterioration or loss of data recorded by the Customer. The software integrated into the Products or sold is the property of HeX and the Customer only benefits from a right of use in accordance with the publisher’s user licenses.

8.11. HeX DISTRIB (in addition to the above-mentioned points). HeX cannot be held liable in the event of modification carried out on one of the products supplied without its prior agreement, or in the event of abnormal use or non-compliance with the instructions indicated in the instructions or instructions for use supplied with the products. . The photographs, texts, graphics, information and characteristics reproducedin the brochures, offers, etc. and on the HeX and manufacturers’ website, illustrating the products presented, are not contractual. Consequently, HeX cannot be held liable in the event of an error or omission in any of these photographs, texts and graphics, information and product characteristics. The partial or total impossibility of using the products due to material incompatibility in particular cannot give rise to any compensation, reimbursement or liability of HeX.

ARTICLE 9: FORCE MAJEURE

In the event of the occurrence of any force majeure event, beyond the control of HeX (by way of example and not limitation: fire, climatic disturbances, social conflicts, decisions of Belgian or foreign authorities, power outage at the customer’s premises,) making it more expensive, difficult or impossible, even partially, to fulfill its obligations, HeX will be released from its obligations, without any compensation to the customer. Beforehand, however, the parties will attempt to negotiate, loyally, an adaptation of the contract. Any malfunction caused by a HeX supplier in the supply, compliance or operation of products (filters, misters, etc.) will also be considered as force majeure.

ARTICLE 10: LAW & DISPUTES

10.1. Any commitment made in our name only binds us if it comes from persons authorized by virtue of its statutes and statutory delegations published in the Annexes to the Belgian Official Gazette or from persons holding a special written mandate relating to the commitments concerned.
10.2. The contracts to which we are a party are subject exclusively to Belgian law. The text written in French will be authentic between the parties and will take precedence over any text written in another language.
10.3. The parties agree that any disagreement or dispute relating to this agreement or arising from its interpretation or application will be submitted to mediation. To this end, the parties hereto undertake to participate in at least one mediation meeting by delegating a person with decision-making authority. The mediator (approved by the Federal Mediation Commission) will be chosen by the parties.
In the absence of an amicable agreement, as well as for any precautionary measure, any dispute relating to contracts to which we are a party fall under the exclusive jurisdiction of the courts of the judicial district of Tournai (Belgium).

ARTICLE 1:ORDER

1.1. These general conditions form an integral part of the contracts that we conclude as both a seller and a service provider. These general conditions, which apply subject to and without prejudice to the special conditions specially included in our specific contracts, take precedence over the conditions of purchase or any other document emanating from the customer. The fact of not invoking, at one time, the provisions of these general conditions can never be considered as a waiver on our part to invoke them subsequently.

1.2. These general conditions apply to all our products and services. They apply immediately to any order, even previous ones, as well as to any order modification made by any means (notably email, fax, etc.)

1.3. Any plan or specifications submitted to us by the client are used for information purposes only. It cannot therefore be invoked against us in the event of interpretation thereof. By ordering, the customer declares to know perfectly the technical specificities of our products and services.

1.4. All orders from our customers (and changes thereto) must be subject to express written confirmation from us to be considered accepted.

1.5. The deadlines for carrying out our services or delivering our products are given for strictly indicative purposes. They do not in any way constitute a firm commitment on our part. The customer will never be able to claim any compensation or cancellation of any contract due to any delay.

1.6. A Customer is considered to have placed an order and to have accepted these General Conditions without reservation as soon as he has validated (signed) our offer or sent us an order form. The order form must include at least the number and version of our offer. In any case, the Order will only be binding on us on the day we have expressly confirmed it. In all his exchanges with us, the customer is required to mention the reference of the accepted offer and that of our order confirmation. Orders are firm and final and cannot be canceled after acceptance by us.

7 Our product offers are subject to availability.

ARTICLE 2: SERVICES OF HEX AND ITS SUBCONTRACTORS

2.1. The client certifies and guarantees that its installations and the design of its building comply with the applicable legal, technical or safety standards allowing the services of HeX without risk, or that at the very least, this will be so at the latest at of the intervention of HeX delegates.

2.2. Unless there is a prior technical visit, validated between the client and HeX, certain measurements and/or checks at the client’s premises could prove to be impractical (example: integrity tests). HeX cannot therefore be held responsible for the failure to carry out said measures.

2.3. HeX only carries out the work expressly described in its offers. If, on site, additional interventions were requested by the customer, these could be carried out and therefore invoiced at the current rate after the customer has given his written consent on the Intervention Sheet of the HeX operator. The agreement (signature) of a person representing the Customer, even different from the one who validated the offer, is sufficient to justify additional invoicing. The client undertakes to give us free access to the site for the entire period necessary to carry out the work and to carry out all actions required of him before intervention by HeX: cleaning of the room, room in depression, adjustment of inconsistent flow rates. Failing that, HeX may refuse its intervention and consider that there is cancellation of the order and application of article 3.3. These general conditions.

2.4. Access to the site must be permanently facilitated, for HeX delegates, throughout its duration and optimal working conditions must be guaranteed to HeX delegates.

2.5. HeX personnel are under the exclusive authority of HeX. The customer may not give any instructions to this personnel, except instructions concerning the execution of the subject of the contract, the practices to be followed and the tasks to be carried out, concerning the correct use of machines, equipment, goods and documents of the customer necessary for the execution of the contract.

2.6. Unless specifically stated in the contract, HeX is not responsible for the disposal of the customer’s waste.

2.7. HeX cannot be held responsible for any checks not carried out due to events that are the responsibility of the customer (room not cleaned, premises under depression, inconsistent flow rates, etc.). Any additional service will therefore be the subject of an amendment or agreement on the operator’s intervention sheet (Cf. 2.3).

2.8. In the context of the supply of certain products and/or equipment (filters, diffusers, instruments, agars, software, etc.), HeX cannot be held responsible for a malfunction falling to its own supplier: late delivery, no -compliance of the product with the order, etc. On these issues, HeX undertakes to reasonably implement the means to find a suitable solution for the customer.

2.9. HeX cannot be held responsible for damage caused or observed after the departure of its intervention teams.

2.15. Non-availability, non-preliminary adjustment of equipment and non-availability of certain documents may cause delays in the services provided for which HeX cannot be held responsible.

2.17. The removal of non-compliance is not estimated in the calculation of the durations for carrying out the service. Any adjustment or re-test carried out during the mission time will have an impact on the completion of all the tests initially planned and the organization of the service.

2.18. HeX LAB (in addition to the points mentioned above) The condition of the samples and equipment entrusted to us must be such that the preparation of reports/analyses or the production of ordered products can be done without problems. HeX has the right to carry out a preliminary examination of the condition of the samples or materials beforestart sample processing, report writing or before starting production. If the samples or materials do not meet the above-mentioned requirements, the costs of this preliminary examination will be borne by the customer. If HeX’s prior review shows that analysis or production is not possible or will take place under less favorable conditions than originally anticipated (e.g. because samples or materials are mixed with materials or foreign substances not reported by the customer or are degraded), HeX has the right to cancel the order or suspend execution, the costs incurred up to then by HeX being borne by the customer.

2.19. HeX LAB (in addition to the points named above). The customer undertakes to provide HeX Lab with the safety data sheets of the samples it sends. The destruction and/or disposal of these samples is the responsibility of the customer. HeX may ask the customer to take the sample again after analysis. The customer guarantees that no sample presents any danger, either on site, during transport, in the laboratory or elsewhere to buildings, instruments, personnel or representatives of HeX. It is the customer’s responsibility to ensure compliance with hazardous waste regulations and to specially inform HeX staff or representatives of sample hygiene and safety issues, as for example on the possible presence in the sample of substances proven or supposed to be toxic or otherwise polluting and on the probable extent of the pollution as well as on the risks which this pollution represents for buildings, instruments, personnel and representatives of HeX. The customer will be responsible and will compensate HeX for all costs, damages, obligations and injuries which may arise at any time for HeX, its personnel or its representatives, in particular at the place of taking samples, during transport or in the laboratory, following processing of the customer’s sample. The customer will bear all extraordinary costs for the proper removal of hazardous waste from the sample, whether or not considered as such. At the request of HeX,

2.21 HeX may authorize, exceptionally and at the express request of the client, the execution of its service in the presence of foreign persons. These people are required to comply with safety, hygiene and confidentiality rules. Unless previously agreed between HeX and the client, these people must not intervene in the execution of the service. The customer must make the request to this effect at least 15 days before the start date of the tests. It must specify the names and qualifications of the people attending the service, as well as the company name of their company if itdiffers from that of the customer. HeX reserves the right to invoice the customer for additional costs caused by the presence of people outside HeX. In the case where companies other than that of the client are allowed to attend the service, they must be accompanied by the client and placed under his entire responsibility.