Esco (R) SMART Programme
Safety, Maintenance and
Regular Testing Programme

Terms & Conditions Governing Technical Services Provided by Esco

1.) Request Procedures

1.1 A Job/Purchase Order/Confirmation Letter from the client shall be submitted to Esco Micro stating the services required, the item upon which the Services are to be perforemed ("The Item") the expected cost of the Services (The "Fees") and the procedure for the collection of the item. The Job/Purchase Order/Confirmation Letter shall be submitted before or at the time the Item is delivered to Esco by the Client or made availble to Esco at the test site if the Item is unmovable.
1.2 Upon the acceptance of the Job/Purchase Order/COnfirmation letter by Esco, a binding agreement between the Client and Esco will be affected (the "Agreement") and the terms and conditions set out here in shall apply.

2.)Accessories/Information

2.1 The Client shall supply the Item and all the necessary information or other items to enable Esco to perform the Services stated in the Job/Purchase Order/Confirmation Letter. Esco shall be under no obligation to perform the services unless an until it has received all the above from the client.
2.2 The Client warrants that all information and data supplied is accurate and correct in all respects and shall be indemnify Esco for all loss and damages suggered by Esco due to any inaccuracy or error in the information and data.

3.)Services

3.1 among the information to be supplied by the Client in Clause 2.1 above is a full description of the item and its specifications. Prior to the commencement of the Services, Esco will inspect the Item physically and if it does not conform with the description provided by the Client, Esco shall be under obligation to provide the Services. The Client or his representative may be present at the times of inspection, failing which, Esco's finding shall be final.
3.2 If defects necessitating repair are found after the Services has comenced, the Client will be informed accordingly and Esco shall be under no obligation to continue with the Services until the defects are rectified by the Client. A fee will be charged by Esco for the work done.

4.)Report

4.1 As part of the Services, Esco will prepare a report.(the "Report"). The Report is prepared for the sole use of the Client and is prepared based upon the Item submited, the Services required by the Client and the conditions under which the Services are performed by Esco. The Report does not constitute an endoresement by Esco of the item.
4.2 The Report may not be used in any publicity material without the written consent of Esco.
4.3 The Report may not be reproduced in part or in full unless apporoval in writing has been given by Esco.

5.)Payments

5.1 For clients with credit facility with Esco, an invoice will be issued when the Services are completed and the Client shall remit the sum invoiced within thirty days from the presentation of the invoice by Esco failing which, a intreat at a rate of 1 % per month shall be imposed until the sum is paid. In addition, Singapore Goods & Services Tax and any other applicable taxes or dutes shall be added to the invoices at the current rate or rates in foce at the relevant time.
5.2 The Client agrees to identify and pay Esco for all taxes, levis and duties including but not limited to goods and services tax or withholding tax which Esco may be liable to pay as a result of providing the Services outside Singapore or to Clients outside Singapore.

6.) Force Majeure

6.1 Esco shall not have any liability in respect of any delay in carrying out or failure to carry out its obligations under this. Agreement caused by fires, strikes, or other industrial action or dispute, acts of Government, default of supplier or subcontractor, or any circumstances outside its resonable control.

7.)Collection of Item

7.1 The Client shall be responsible for making arrangement for the collection of the Item or any other item make available to Esco. In the event that Client requiresd Escon to ship the item on Client's behalf and Esco agress to do so, the Client shall provide all shipment particulars to Esco and assume all risk of the shipment.

8.)Esco's Liability

8.1 Esco shall not under any circumstances be responsible for any loss or damage to the Item during shipment of while in the custory of Esco.
8.2 Esco agrees to use resonable diligence in the performance of the Services but no warranties are given and none may be implied directly or indirectly relating to the Services, the Report or the facilities of Esco.
8.3 Esco shall under no circumstances be liable to the Client or its agents, servants or representatives, in contract, tort(including negligence or breach of statutory duty) or otherwise for any direct or indirect loss or damage suffered by the Client, its agents, servants or representatives howsoever arising or whether connected with the Services provided by Esco herin.

9.)Indeminity

9.1 Esco shall not be responsible for any consequence arising from the use of the Report by the client or any other person. In the event of any claims made against Esco arising from the use of the Report by the Client or any other person, the Client shall hold Esco harmless against all such claims and shall indemnify Esco against all loss, actions, claims, demands, expenses and liabilities whatsoever (if any) which Esco may incur either at common law or by statuete.
9.2 Should there be any claim again Esco for intellectual property infringement( whether actual or alleged) in Esco's use of the Item, other items or informations provided by the Client in the performance of the Services, the Client shall be liable to and shall indmnify Esco against all loss, actions, claims, demands, expenses and liabilities whatsoever (if any) which Esco may incur either at common law or by statue.

10.)Court Attendence

10.1 In the event any employee of Esco is request be the Client or summoned by the court upon application by the Client or any other parties for his attendence in court as expert witness on the subject of this Agreementm the Client agrees and shall pay Esco for the attendance in court based on Esco;s prevailing rates for court attendance. Esco may at its sole discretion change its rate for court attendance and any changes shall take effect within seven days from the date of a written notice from Esco to the Client

11.)Court Attendence

11.1 This Agreement shall be deemed to be made in Singapore and shall be subject to, govered by and interpreted in accordance with the domestic laws of the Republic of Singapore for every purpose.