1. The Service Provider and scope of services
The Service Provider is the QUALILAKK Testing Laboratory operated by Festékipari Kutató Kft., which performs laboratory and on-site testing of paints, varnishes, paint raw materials, coatings and coating systems, as well as their technical expert assessment.
Services may be accredited or non-accredited. Accredited status applies only to tests within the scope of accreditation valid at the time. The Service Provider clearly identifies non-accredited tests and results.
The Service Provider does not perform sampling. Test results apply solely to the sample supplied by the Client or to the object of the on-site test.
2. Requests for quotation, quotation and conclusion of contract
The Service Provider accepts requests for quotation and orders in writing – in particular by e-mail, post or other verifiable electronic means.
The quotation includes in particular:
- the subject of the service or test;
- the test method or standard to be applied;
- the range of samples, test items or on-site objects;
- the completion deadline;
- the service fee and payment terms;
- the method of reporting results and delivering documents;
- any use of a subcontractor;
- the terms for separately ordering expert interpretation or opinion.
The contract is concluded when the Client accepts the quotation in writing, signs a contract, or the parties reach a clear written agreement. Testing may begin once the terms have been agreed in detail.
3. Amendment of the order
Material changes to the test method, number of samples, location, deadline, reporting or fee are valid only in writing. The Service Provider reviews the amendment and may suspend performance until the amended terms are accepted.
4. Test methods and professional performance
The Service Provider primarily applies standard test methods – in particular MSZ, ISO, DIN or ASTM. If the requested method is technically inappropriate, outdated or unsuitable for the purpose of the test, the Service Provider may propose another appropriate method.
Non-standard, modified or Client-specified methods may be applied only on the basis of requirements recorded in detail. The Service Provider documents any deviation from the method, its reason and its possible effect on the result.
5. Receipt, identification, storage and disposal of samples
The Client is responsible for selecting, identifying, ensuring the representativeness of, properly packaging and delivering the sample to the Service Provider.
The Service Provider inspects the sample upon receipt. If it does not match the order, or its condition may compromise the reliability of the test, the Service Provider informs the Client without delay.
Unless otherwise agreed in writing, the Service Provider retains tested samples for up to three months after completion of testing and then disposes of them. Terms for return, collection or destruction may be set out in the quotation or a separate agreement.
6. On-site testing and technical expert services
For on-site services, the Client provides the exact site details, the range of objects to be tested, the purpose of the test and the on-site contact person, and ensures the necessary documentation, safe access and cooperation.
As agreed, the Service Provider may prepare a daily report, a summary report or a test report. For process inspections, it may require the presence of the contractor and, where necessary, the Client's representative.
6.1. General rules of on-site work
For the engineer-day fee, the Service Provider provides one technical expert to perform the on-site tests agreed in advance. At an external site, one engineer-day covers the availability of one person for up to 8 hours per day, including necessary travel, site walk-through and consultation, testing, and the handover of professional observations and recommendations.
The engineer-day is not an hourly billing unit but represents the expert's availability reserved for the given day. Standard working hours are Monday to Thursday 7:00–14:30 and Friday 7:00–13:00. Other times may be requested by prior arrangement, subject to capacity and circumstances.
6.2. Scheduling and cancellation of site inspections
Site inspections may be requested for a working day at a time agreed in advance with the Service Provider. The Client should indicate the planned date at least three working days in advance where possible.
A site inspection may be cancelled free of charge until 12:00 on the working day before the planned test day. For cancellations after that, but no later than 7:00 on the morning of the test day, the Service Provider is entitled to 50% of the engineer-day fee. For cancellations notified after 7:00, the full engineer-day fee may be charged.
6.3. On-site obstruction
The Client provides the conditions agreed in advance for the test, in particular access, the workpieces to be tested, the necessary materials, equipment, work area and environmental conditions.
If the expert has set off for or arrived at the site and the test cannot be performed for reasons attributable to the Client, this constitutes on-site obstruction. If the tests cannot be performed, or only partially, within the available time for reasons not attributable to the expert, the Service Provider is entitled to charge the engineer-day fee in view of the expert capacity reserved.
6.4. Extension and multi-day work
The Client may request an extension of the work if the planned tests cannot be completed due to an on-site obstruction. The expert on site agrees on this possibility with the Client. Where feasible, on-site availability may be extended by up to two hours.
For additional work on the original working day, the Service Provider is entitled to charge at least half an engineer-day. If the work does not fit within the two-hour extension or continues on another working day, a full engineer-day may be charged by separate agreement.
For multi-day work or work on an individual schedule, the parties agree in advance on the experts' accommodation, meals and the bearing of these costs. For multi-day work, at least eight hours of uninterrupted rest must be ensured between the end of one day's work and the start of the next.
7. Deadlines and cooperation
The completion deadline is set out in the Service Provider's quotation or the parties' contract. In the event of a sample, documentation, technical, on-site or other obstacle, the Service Provider informs the Client and may suspend performance until the necessary consultation.
The Service Provider notifies in writing any need to change the deadline, for replacement samples, additional tests or extraordinary on-site work. The parties agree in advance on any resulting additional costs.
8. Use of subcontractors
In justified cases – in particular temporary lack of capacity or equipment failure – the Service Provider may use a subcontractor. It informs the Client in advance and, where necessary, requests written consent. Results originating from the subcontractor are clearly identified in the issued document, and the Service Provider is liable to the Client for the subcontractor's performance.
9. Test report, report and expert opinion
The Service Provider delivers the results in a test report, report or other document agreed in advance, in electronic or printed form. The document includes in particular the identification data of the test, its subject, the method applied, relevant conditions, results, any deviations and the details of the responsible persons.
Upon separate order, the Service Provider may add an expert interpretation or opinion to the results. This is not a certificate of conformity; beyond the test results and any separately ordered interpretation, the Service Provider does not issue statements of conformity.
10. Reference to accreditation
The Service Provider refers to accreditation, to NAH or to its accredited status only for services within its current scope of accreditation. In documents with mixed content, it clearly indicates which tests are not covered by the scope of accreditation.
11. Liability and obligations of the Client
The Service Provider's results apply solely to the tested sample or on-site object and to the documented test conditions. The Client is responsible for the accuracy, completeness and lawfulness of the samples, data, documentation and statements provided.
The Client is liable for deviations caused by defective, non-representative, expired or improperly handled samples, unless caused by improper storage by the Service Provider.
12. Confidentiality and data handling
The Service Provider treats as confidential all data, technical documents, test results and non-public information obtained or generated during the service. It discloses information to third parties only with the Client's authorisation, under a contractual provision or a legal obligation. In the case of legally required disclosure, it informs the Client unless prohibited by law.
13. Complaints
The Service Provider accepts complaints, claims or comments in writing. Complaints concerning a test report may be submitted within 15 days of its issue.
The Service Provider investigates every complaint and informs the Client of the outcome and the measures taken as soon as possible. Where justified, it may repeat the test, withdraw the previous test report, or issue an amended or new test report.
14. Control of non-conforming work and results
If the Service Provider becomes aware that the performance or an issued result may be erroneous, it investigates the case without delay. If the error may have affected the issued result, it notifies the Client and decides on repeating the test, withdrawing the result or issuing an amended document.
15. Fees and payment
The service fee, call-out fee, any advance payment, the fee for additional tests, the payment deadline and the consequences of late payment are set out in the Service Provider's quotation, price list or the parties' contract.
16. Record retention
The Service Provider retains test reports and related technical records for at least five years. The Client may request access to or copies of documentation relating to its own case in accordance with applicable law, confidentiality obligations and internal rules.