Professional Documents
Culture Documents
Contents
Test Submissions.....................................................................................................................................................................................................................................3
TESTING SERVICES
Colour Fastness.........................................................................................................................................................................................................................................4
Garment Appearance............................................................................................................................................................................................................................5
Dimensional Stability ...........................................................................................................................................................................................................................6
Physical Tests ............................................................................................................................................................................................................................................7
Zip performance Testing ...................................................................................................................................................................................................................9
Colour Measurement ............................................................................................................................................................................................................................9
Yarn Construction Tests .................................................................................................................................................................................................................10
Children’s Garment Assessment ...............................................................................................................................................................................................10
Fabric Construction Tests .............................................................................................................................................................................................................10
National General Safety Technical Code for Textile Products ...........................................................................................................................11
Filled Products and Thermal Resistance ............................................................................................................................................................................11
Children’s Sleep Bags ........................................................................................................................................................................................................................12
Fibre composition and Analytical Chemistry ...................................................................................................................................................................13
Chemistry Tests ....................................................................................................................................................................................................................................13
Flammability Pre-Treatments .....................................................................................................................................................................................................15
Flammability Tests ..............................................................................................................................................................................................................................16
Footwear Tests .....................................................................................................................................................................................................................................19
Contact us .................................................................................................................................................................................................................................................23
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
Test Submissions
The correct information will help us to help you by ensuring that our service becomes even more
efficient, giving you the benefit of quicker testing response times.
With all submissions please supply the following information:
• Specification/Store Group
• Fibre Composition - where possible
• Spun or Filament Yarn - where possible
• Care Label
• End Use
• Order Number and completed Submission Form
• Type of Service (Regular, Express or Same Day)
A guide to required product quantities for testing is provided below.
Any testing request has to be confirmed in writing. This is part of our UKAS accreditation and forms part of the
standard to which we are accredited - ISO/IEC 17025. You may use the request form included in this brochure, a
Store Group submission form, or another form specially drawn up for you by Intertek. Upon receipt of the work a
member of the Intertek and our team will contact you if we have any queries and will ask for written confirmation if
there are changes to your original request.
All testing requests are subject to our Terms and Conditions.
Minimum Charge: There is a minimum charge per report of 30.00 Excluding surcharges.
The Intertek Group is the owner of the copyright in the material and intellectual know-how presented. No parts in this material
may be reproduced, adapted or distributed outside of your company without the written consent of the Intertek Group other than
to the extent necessary to view the material.
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
COLOUR FASTNESS
EN ISO 105 C01 – C05 14.30
Colour Fastness to Washing BS EN ISO 105 C06 Test A-E 15.35
EN ISO 105 C08 14.30
Colour Fastness to Oxidative Bleach EN ISO 105 C09 27.50
Accelerated Laundering AATCC 61 23.05
BS EN ISO 105 E01 14.25
Colour Fastness to Water
AATCC 107 23.10
Cross Staining to Water Based on BS EN ISO 105 E01 14.25
Cross Staining to Washing Based on BS EN ISO 105 C06 15.35
BS EN ISO 105 X12 Dry / Wet 12.70
Colour Fastness to Rubbing BS EN ISO 105 X12 Wet Only 6.60
BS EN ISO 105 X12 Dry Only 6.60
Colour Fastness to Rubbing with Organic Solvents BS EN ISO 105 D02 13.75
Colour Fastness to Crocking AATCC 8 12.70
BS EN ISO 105 E04 (Acid) 13.15
Colour Fastness to Perspiration
BS EN ISO 105 E04 (Alkali) 13.15
Colour Fastness to Perspiration AATCC 15 28.60
BS EN ISO 105 D01 17.55
Colour Fastness to Dry Cleaning
AATCC 132 28.60
BS EN ISO 105 B02 modified method 2 (other
methods available on request)
Grade 3 13.20
Grade 4 13.20
Colour Fastness to Light
Grade 5 16.50
(up to 3 colours in design)
Grade 6 22.00
Grade 7 32.45
Grade 8 55.00
Additional samples 25% discount
BS EN ISO 105 B07
Grade 3 19.25
Colour Fastness to perspiration and light Grade 4 19.25
(up to 3 colours in design) Grade 5 22.00
Grade 6 29.70
Additional samples 25% discount
Photochromism BS EN ISO 105 B05 21.45
Colour Fastness to Wet Light Grade 4 28.60
Colour Fastness to Water Spotting BS EN ISO 105 E07 12.10
Colour Fastness to Water Spotting on Upholstery BS EN ISO 105 E16 22.00
Colour Fastness to Acid Spotting BS EN ISO 105 E05 per solution 12.10
Colour Fastness to Alkaline Spotting BS EN ISO 105 E06 per solution 12.10
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
GARMENT APPEARANCE
Print/Motif Durability IHTM 01* 19.35
Print/Motif Durability of Garments IHTM 001A 29.70
IHTM 001B 22.00
Durability of Printed Fabrics
Additional wash & dry cycles incl. assessment 16.50
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
DIMENSIONAL STABILITY
BS EN ISO 6330 Programmes 1A-8A (Fabrics) 19.75
BS EN ISO 6330 Programmes 1A-8A (Garments) 29.70
Washing Stability BS EN 26330 Programmes 1A - 8A (Fabrics) 19.75
BS EN 26330 (Garments) 29.70
Dimensional Stability of Socks IHTM 027 29.70
Dimensional Change after Home AATCC 135 (Fabrics) - 3 Washes 44.00
AATCC 135 (Fabrics) - 5 Washes 66.00
Laundering AATCC 150 (Garments) - 3 Washes 55.00
AATCC 150 (Garments) - 5 Washes 77.00
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
PHYSICAL TESTS
BS EN ISO 13934-2, ASTM D 5034: 95 Grab test 25.25
BS EN ISO 13934-1, ISO 5081, ASTM 5033:2 Strip
25.25
Tensile Strength test
Tensile strength of rings sliders and hooks on bra
38.50
straps IHTM 051
Bursting Strength BS EN ISO 13938-2 14.25
BS EN ISO 13936 -1 or 2, BS 3320 30.80
Seam Properties (strength & slippage)
BS EN ISO 13935 - 1 or 2 (garment seam strength) 30.80
Yarn Slippage ASTM D5434 / BS EN ISO 13936-3 30.80
(Upholstery) BS 13936 Part -2 (Cross reference
36.30
BS EN 14465)
Seam Slippage Resistance
Determination of seam slippage using garment seams
31.35
IHTM 040
BS EN ISO 13937-1 (ASTM D 1424) Elmendorf 25.30
BS EN ISO 13937-2 (Single Tear - Trouser ) 28.55
Tearing Strength BS EN ISO 13937-3 (Single Tear - Wing) 28.55
BS EN ISO 13937-4 (Double Tear - Tongue) 28.55
ASTM 02261 (Tongue Tear) 28.55
Buttons BS4162 - Tension test only 25.85
Velcro Strength BS EN 13780 – Touch and Close Fasteners 38.50
BS EN ISO 12947 (pts 1-4) Martindale
First 20,000 rubs 19.25
Up to 30,000 rubs 26.40
Up to 40,000 rubs 33.55
Up to 50,000 rubs 40.70
Every additional 10,000 rubs 7.15
Abrasion
Shade Change (after 5,000 rubs or below) 7.70
Progressive Shade Change 13.20
Pilling Resistance BS EN ISO 12945-1 ICI Pilling Box 10 hr-36,000 revs 24.20
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
Accelerated Ageing
BS EN 12280 Part 3 Environmental Ageing 33.00/day
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
COLOUR MEASUREMENT
BS 8475 – initial colour 33.00
Instrumental colour measurement
Per colour thereafter 11.00
ISO 105 J03 (initial colour + 1st colour to compare
Colour difference - Delta E 44.00
against)
(Needs sample to compare against)
Per colour thereafter 11.00
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
(Filled Products) BPA Code of Practice Baby/Infant Bedding IHTM 029 115.50
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
BS EN 1413 23.65
pH Determination ISO 3071 23.65
AATCC 81 23.65
Organotin Compounds as per REACH Annex XVII* ISO 17353 141.75
IHTM NOTE: Samples must be tightly packed in foil &
Ozone Depleting Chemicals * clearly marked so they aren’t opened before testing 136.50
starts!
NPEO+OPEO+NP+OP 157.50
APEO IHTM* NPEO+ OPEO 94.50
NP+OP 94.50
Pesticide (70 pesticides-non-Oeko-tex report)* Oeko-tex 100 DIN 38 407 241.50
Chloro-organic Carriers * 84.00
Flame Retardents * 346.50
Triclosan * Biocide Directive 98/8/EU 105.00
VOC – Volatile Organic Compound* 236.25
BS 6810-2 (Soluble) 34.65
Determination of metals in textiles*
BS 6810-2 (Total) 54.60
Dimethylfumarate* IHM AL2.136.2010 115.50
PFOS* IHM AL2 123.2010 210.00
Poly Aromatic Hydrocarbons* IHM AL2 .032.2010 157.50
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
FLAMMABILITY PRE-TREATMENTS
Procedures for use in the assessment of the effect of cleansing and wetting on the flammability of textile fabrics and fabric
assemblies
Watersoak procedure BS 5651 13.20
Dry Clean procedure – 6 cycles BS 5651 79.75
Domestic wash procedure – 1 cycle BS 5651 13.20
Laundry wash procedure – 1 cycle BS 5651 13.20
Laundry wash procedure – 5 cycles BS 5651 66.00
Laundry wash procedure – 10 cycles BS 5651 104.50
Laundry wash procedure – 50 cycles BS 5651 2750
Laundry wash procedure – 200 cycles BS 5651 1039.50
Hospital laundry procedure – 1 cycle BS 5651 13.20
Leaching/ Flexing procedure BS 5651 71.50
Commercial laundry procedure –1 cycle BS EN ISO 10528: 1995 13.20
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
Ignitability test for polyurethane foam in crumb form Schedule 1 Part 2 (BS 5852:Pt2:1982) 47.30
Ignitability test for latex rubber foam Schedule 1 Part 3 (BS 5852:Pt2:1982) 47.30
Ignitability test for non-foam filling materials singly Schedule 2 Part 1 (BS 5852:Pt2:1982) 47.30
Ignitability test for composite fillings other than
Schedule 2 Part 2 (BS 5852:Pt2:1982) 47.30
mattresses, bed-bases, cushions and pillows
Composite test for ignitability of pillows and cushions with
Schedule 2 Part 3 (BS 5852:Pt2:1982) 47.30
primary covers
Ignitability test for composite fillings of mattresses and
Schedule 2 Part 4 (BS 6807 1986) 73.70
bed-bases
Test for interliner fabric Schedule 3 (BS 5852:Pt2:1982) 60.50
Cigarette resistance of visible parts of upholstery Schedule 4 Part 1 (BS 5852:Pt1:1979) 47.30
Cigarette resistance of non-visible parts of Upholstery Schedule 4 Part 2 (BS 5852:Pt1:1979) 47.30
Match resistance of visible parts of upholstery Schedule 5 Part 1 (BS 5852:Pt1:1979) 47.30
Match resistance of stretch covers Schedule 5 Part 2 (BS 5852:Pt1:1979) 47.30
Match resistance of non-visible parts of upholstery Schedule 5 Part 3 (BS 5852:Pt1:1979) 47.30
Cigarette and match resistance of visible parts of Schedule 4 Part 1 and Schedule 5 Part 1 (BS
89.10
Upholstery 5852:Pt1:1979)
Cigarette and match resistance of non-visible parts of Schedule 4 Part 2 and Schedule 5 Part 3 (BS
89.10
Upholstery 5852:Pt1:1979)
Watersoak 13.20
BS 5852 Pt1: 1979 / EN 1021-1 47.30
Ignition source 0 (cigarette) BS 5852 Pt1: 1979 / EN 1021-1 (including
60.50
watersoak)
BS 5852 Pt1: 1979 / EN 1021-2 47.30
Ignition source 1 (match) BS 5852 Pt1: 1979 / EN 1021-12 (including
60.50
watersoak)
BS 5852 Pt1: 1979 / EN 1021-1 & 2 89.10
Ignition sources: 0 & 1 (cigarette and match)
BS 5852 Pt1: 1979 / EN 1021-1 & 2 (incl. watersoak) 102.30
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
Protective clothing for fire fighters BS EN 469: 1995 Section 6.1 Flame rate spread only 47.30
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
FOOTWEAR TESTS
Upper and Lining Materials
Tear strength of leather - single edge (trouser tear) EN ISO 3377-1 59.40
Tear strength of leather - double edge (Baumann tear) EN ISO 3377-2 59.40
Tear strength - textile materials BS ISO 4674-1:2003, method B 47.30
EN ISO 7854, NA Method
Flex resistance - Vamp flex - Dry, Wet or -5°C SATRA TM25 40.70
EN ISO 5402-2
Flex resistance - Bally flex - Dry or Wet EN ISO 5402-1 40.70
Martindale abrasion resistance - Dry and Wet 95.70
EN 13520
Martindale abrasion resistance - Dry or Wet 48.40
Colour fastness to cycles of To-and-Fro Veslic rubbing (Leather)
EN ISO 11640 88.00
- Wet and Dry
Leather finish adhesion EN ISO 11644 64.90
Colour fastness to rubbing (Textile) - Dry 6.60
EN ISO 105-X12
Colour fastness to rubbing (Textile) - Wet 6.60
Colour fastness to perspiration - Acid 13.15
EN ISO 105-E04
Colour fastness to perspiration - Akali 13.15
Colour fastness to water EN ISO 105-E01 14.25
Colour fastness to washing EN ISO 105-C10 14.30
Colour fastness to chlorinated water EN ISO 105-E03 28.60
Colour fastness to sea water EN ISO 105-E02 13.20
Colour fastness to artificial saliva IHTM 43 24.20
Colour fastness to water spotting EN ISO 105-E07 12.10
Water vapour permeability EN ISO 14268 59.40
*pH value - leather materials BS ISO 4045 61.60
pH value - textile materials BS ISO 3071 23.65
*Chromium VI (leather only) BS ISO 17075 85.80
*Azo Dyes - Leather ISO 17234-1 88.00
*Azo Dyes - Textile ISO 14362-1 88.00
*Dimethylfumarate (DMFu) EN 16778 121.00
Oil Repellency BS EN ISO 14419 21.45
Soling Materials
Shore hardness (A or D) EN ISO 868 44.00
Ross flex BS 5131-2.1 64.90
Bata belt flex TM133 77.00
Outsole abrasion resistance EN ISO 4649 97.90
Slip resistance - Heel and Forepart, dry and wet - single flooring TM144 102.30
surface Each additional surface 38.50
Floor marking TM223 59.40
*Polycyclic Aromatic Hydrocarbons (PAHs) - rubber and plastic
ISO/TS 16190 165.00
materials in direct contact with the skin
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
Component Materials
Touch and close Fasteners - Peel strength - as received and
EN ISO 22777 72.60
after 5000 cycles
Touch and close Fasteners - Shear strength - as received and
EN ISO 22776 72.60
after 5000 cycles
Slide fasteners - Zip reciprocation EN 16732 35.20
Slide fasteners - Zip lateral strength EN 16732 14.30
Slide fasteners - Zip top stop attachment EN 16732 14.30
Slide fasteners - Zip puller attachment EN 16732 14.30
Slide fasteners - Zip slider locking strength EN 16732 14.30
Metallic components - Salt water corrosion EN ISO 22775 Method 2 50.60
Metallic components - Sulphide staining EN ISO 22775 Method 1 POA
Breaking force of buckles - 3 point bending TM141 64.90
Elastic - Limit of useful extension EN ISO 10765 64.90
Elastic - Resistance to repeated extension EN ISO 10768 64.90
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
These terms and conditions, together with any proposal, estimate or fee quote, form the agreement and as a condition precedent to such third party receiving any Reports or the benefit of any Services.
between you (the Client) and the Intertek entity (Intertek) providing the services contemplated 4.3 The Client further agrees:
therein.
1. INTERPRETATION (a) to co-operate with Intertek in all matters relating to the Services and appoint a manager in relation
to the Services who shall be duly authorised to provide instructions to Intertek on behalf of the Client
1.1 In this Agreement the following words and phrases shall have the following meanings unless the and to bind the Client contractually as required;
context otherwise requires: (b) to provide Intertek (including its agents, sub-contractors and employees), at its own expense, any
(a) Agreement means this agreement entered into between Intertek and the Client; and all samples, information, material or other documentation necessary for the execution of the
(b) Charges shall have the meaning given in Clause 5.1; Services in a timely manner sufficient to enable Intertek to provide the Services in accordance with
this Agreement. The Client acknowledges that any samples provided may become damaged or be
(c) Confidential Information means all information in whatever form or manner presented which: (a) destroyed in the course of testing as part of the necessary testing process and undertakes to hold
is disclosed pursuant to, or in the course of the provision of Services pursuant to, this Agreement; Intertek harmless from any and all responsibility for such alteration, damage or destruction;
and (b) (i) is disclosed in writing, electronically, visually, orally or otherwise howsoever and is marked,
stamped or identified by any means as confidential by the disclosing party at the time of such (c) that it is responsible for providing the samples/equipment to be tested together, where
disclosure; and/or (ii) is information, howsoever disclosed, which would- reasonably be considered to appropriate, with any specified additional items, including but not limited to connecting pieces,
be confidential by the receiving party. fuse-links, etc;
(d) Intellectual Property Right(s) means copyrights, trademarks (registered or unregistered), patents, (d) to provide instructions and feedback to Intertek in a timely manner;
patent applications (including the right to apply for a patent), service marks, design rights (registered (e) to provide Intertek (including its agents, sub-contractors and employees) with access to its
or unregistered), trade secrets and other like rights howsoever existing premises as may be reasonably required for the provision of the Services and to any other relevant
(e) Report(s) shall have the meaning as set out in Clause 2.3 below; premises at which the Services are to be provided;
(f) Services means the services set out in any relevant Intertek Proposal, any relevant Client purchase (f) prior to Intertek attending any premises for the performance of the Services, to inform Intertek of
order, or any relevant Intertek invoice, as applicable, and may comprise or include the provision by all applicable health and safety rules and regulations and other reasonable security requirements that
Intertek of a Report; may apply at any relevant premises at which the Services are to be provided;
(g) Proposal means the proposal, estimate or fee quote, if applicable, provided to the Client by Intertek (g) to notify Intertek promptly of any risk, safety issues or incidents in respect of any item delivered
relating to the Services; by the Client, or any process or systems used at its premises or otherwise necessary for the provision
of the Services;
1.2 The headings in this Agreement do not affect its interpretation.
(h) to inform Intertek in advance of any applicable import/ export restrictions that may apply to the
2. THE SERVICES Services to be provided, including any instances where any products, information or technology may
2.1 Intertek shall provide the Services to the Client in accordance with the terms of this Agreement be exported/ imported to or from a country that is restricted or banned from such transaction;
which is expressly incorporated into any Proposal Intertek has made and submitted to the Client. (i) in the event of the issuance of a certificate, to inform and advise Intertek immediately of any
2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the changes during the term of the certificate which may have a material impact on the accuracy of the
terms of the Proposal shall take precedence. certification;
2.3 The Services provided by Intertek under this Agreement and any memoranda, laboratory data, (j) to obtain and maintain all necessary licenses and consents in order to comply with relevant
calculations, measurements, estimates, notes, certificates and other material prepared by Intertek legislation and regulation in relation to the Services;
in the course of providing the Services to the Client, together with status summaries or any other (k) that it will not use any Reports issued by Intertek pursuant to this Agreement in a misleading
communication in any form describing the results of any work or services performed (Report(s)) shall manner and that it will only distribute such Reports in their entirety;
be only for the Client’s use and benefit.
(l) in no event will the contents of any Reports or any extracts, excerpts or parts of any Reports
2.4 The Client acknowledges and agrees that if in providing the Services Intertek is obliged to deliver be distributed or published without the prior written consent of Intertek (such consent not to be
a Report to a third party, Intertek shall be deemed irrevocably authorised to deliver such Report to the unreasonably withheld) in each instance; and
applicable third party. For the purposes of this clause an obligation shall arise on the instructions of
the Client, or where, in the reasonable opinion of Intertek, it is implicit from the circumstances, trade, (m) that any and all advertising and promotional materials or any statements made by the Client
custom, usage or practice. will not give a false or misleading impression to any third party concerning the services provided by
Intertek.
2.5 The Client acknowledges and agrees that any Services provided and/or Reports produced by
Intertek are done so within the limits of the scope of work agreed with the Client in relation to the 4.4 Intertek shall be neither in breach of this Agreement nor liable to the Client for any breach of this
Proposal and pursuant to the Client’s specific instructions or, in the absence of such instructions, Agreement if and to the extent that its breach is a direct result of a failure by the Client to comply
in accordance with any relevant trade custom, usage or practice. The Client further agrees and with its obligations as set out in this Clause 4. The Client also acknowledges that the impact of any
acknowledges that the Services are not necessarily designed or intended to address all matters of failure by the Client to perform its obligations set out herein on the provision of the Services by
quality, safety, performance or condition of any product, material, services, systems or processes Intertek will not affect the Client’s obligations under this Agreement for payment of the Charges
tested, inspected or certified and the scope of work does not necessarily reflect all standards pursuant to Clause 5 below.
which may apply to product, material, services, systems or process tested, inspected or certified. 5. CHARGES, INVOICING AND PAYMENT
The Client understands that reliance on any Reports issued by Intertek is limited to the facts and 5.1 The Client shall pay Intertek the charges set out in the Proposal, if applicable, or as otherwise
representations set out in the Reports which represent Intertek’s review and/or analysis of facts, contemplated for provision of the Services (the Charges).
information, documents, samples and/or other materials in existence at the time of the performance
of the Services only. 5.2 The Charges are expressed exclusive of any applicable taxes. The Client shall pay any applicable
2.6 Client is responsible for acting as it sees fit on the basis of such Report. Neither Intertek nor any taxes on the Charges at the rate and in the manner prescribed by law, on the issue by Intertek of a
of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any valid invoice.
actions taken or not taken on the basis of such Report. 5.3 The Client agrees that it will reimburse Intertek for any expenses incurred by Intertek relating
2.7 In agreeing to provide the Services pursuant to this Agreement, Intertek does not abridge, to the provision of the Services and is wholly responsible for any freight or customs clearance fees
abrogate or undertake to discharge any duty or obligation of the Client to any other person or any relating to any testing samples.
duty or obligation of any person to the Client. 5.4 The Charges represent the total fees to be paid by the Client for the Services pursuant to this
3. INTERTEK’S WARRANTIES Agreement. Any additional work performed by Intertek will be charged on a time and material basis.
3.1 Intertek warrants exclusively to the Client: 5.5 Intertek shall invoice the Client for the Charges and expenses, if any. Unless a shorter period is
established in the invoice, the Client shall pay each invoice within thirty (30) days of receiving it.
(a) that it has the power and authority to enter into this Agreement and that it will comply with 5.6 If any invoice is not paid on the due date for payment, Intertek shall have the right to charge, and
relevant legislations and regulations in force as at the date of this Agreement in relation to the the Client shall pay, interest on the unpaid amount, calculated from the due date of the invoice to the
provision of the Services; date of receipt of the amount in full at a rate equivalent to 3% per cent per annum above the base
(b) that the Services will be performed in a manner consistent with that level of care and skill rate from time to time of HSBC Bank in the relevant currency.
ordinarily exercised by other companies providing like services under similar circumstances; 6. INTELLECTUAL PROPERTY RIGHTS AND DATA PROTECTION
(c) that it will take reasonable steps to ensure that whilst on the Client’s premises its personnel 6.1 All Intellectual Property Rights belonging to a party prior to entry into this Agreement shall
comply with any health and safety rules and regulations and other reasonable security requirements remain vested in that party. Nothing in this Agreement is intended to transfer any Intellectual
made known to Intertek by the Client in accordance with Clause 4.3(f); Property Rights from either party to the other.
(d) that the Reports produced in relation to the Services will not infringe any legal rights (including 6.2 Any use by the Client (or the Client’s affiliated companies or subsidiaries) of the name “Intertek”
Intellectual Property Rights) of any third party. This warranty shall not apply where the infringement or any of Intertek’s trademarks or brand names for any reason must be prior approved in writing by
is directly or indirectly caused by Intertek’s reliance on any information, samples or other related Intertek. Any other use of Intertek’s trademarks or brand names is strictly prohibited and Intertek
documents provided to Intertek by the Client (or any of its agents or representatives). reserves the right to terminate this Agreement immediately as a result of any such unauthorised use.
3.2 In the event of a breach of the warranty set out in Clause 3.1 (b), Intertek shall, at its own 6.3 In the event of provision of certification services, Client agrees and acknowledges that the use of
expense, perform services of the type originally performed as may be reasonably required to correct certification marks may be subject to national and international laws and regulations.
any defect in Intertek’s performance.
3.3 Intertek makes no other warranties, express or implied. All other warranties, conditions and 6.4 All Intellectual Property Rights in any Reports, document, graphs, charts, photographs or any
other terms implied by statute or common law (including but not limited to any implied warranties of other material (in whatever medium) produced by Intertek pursuant to this Agreement shall belong
merchantability and fitness for purpose) are, to the fullest extent permitted by law, excluded from to Intertek. The Client shall have the right to use any such Reports, document, graphs, charts,
this Agreement. No performance, deliverable, oral or other information or advice provided by Intertek photographs or other material for the purposes of this Agreement.
(including its agents, sub-contractors, employees or other representatives) will create a warranty or 6.5 The Client agrees and acknowledges that Intertek retains any and all proprietary rights in
otherwise increase the scope of any warranty provided. concepts, ideas and inventions that may arise during the preparation or provision of any Report
4. CLIENT WARRANTIES AND OBLIGATIONS (including any deliverables provided by Intertek to the Client) and the provision of the Services to the
Client.
4.1 The Client represents and warrants: 6.6 Intertek shall observe all statutory provisions with regard to data protection including but not
(a) that it has the power and authority to enter into this Agreement and procure the provision of the limited to the provisions of the Data Protection Act 1998. To the extent that Intertek processes or
Services for itself; gets access to personal data in connection with the Services or otherwise in connection with this
(b) that it is securing the provision of the Services hereunder for its own account and not as an agent Agreement, it shall take all necessary technical and organisational measures to ensure the security of
or broker, or in any other representative capacity, for any other person or entity; such data (and to guard against unauthorised or unlawful processing, accidental loss, destruction or
damage to such data).
(c) that any information, samples and related documents it (or any of its agents or representatives)
supplies to Intertek (including its agents, sub-contractors and employees) is, true, accurate 7. CONFIDENTIALITY
representative, complete and is not misleading in any respect. The Client further acknowledges that 7.1 Where a party (the Receiving Party) obtains Confidential Information of the other party (the
Intertek will rely on such information, samples or other related documents and materials provided by Disclosing Party) in connection with this Agreement (whether before or after the date of this
the Client (without any duty to confirm or verify the accuracy or completeness thereof) in order to Agreement) it shall, subject to Clauses 7.2 to 7.4:
provide the Services; (a) keep that Confidential Information confidential,
(d) that any samples provided by the Client to Intertek will be shipped pre-paid and will be collected or (b) use that Confidential Information only for the purposes of performing obligations under this
disposed of by the Client (at the Client’s cost) within two (2) weeks after testing unless alternative Agreement; and
arrangements are made by the Client. In the event that such samples are not collected or disposed
by the Client within the required two (2) weeks period, Intertek reserves the right to destroy the
samples, at the Client’s cost; and
(e) that any information, samples or other related documents (including without limitation certificates
and reports) provided by the Client to Intertek will not, in any circumstances, infringe any legal rights
(including Intellectual Property Rights) of any third party.
4.2 In the event that the Services provided relate to any third party, the Client shall cause any such
third party to acknowledge and agree to the provisions in this Agreement and the Proposal prior to
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TEXTILES, APPAREL, FOOTWEAR AND HOME FURNISHINGS
(c) not disclose that Confidential Information to any third party without the prior written consent of officers, employees, agents, representatives, contractors an sub-contractors;
the Disclosing Party. (c) the breach or alleged breach by the Client of any of its obligations set out in Clause 4 above;
7.2 The Receiving Party may disclose the Disclosing Party’s Confidential Information on a “need to (d) any claims made by any third party for loss, damage or expense of whatsoever nature and
know” basis: howsoever arising relating to the performance, purported performance or non-performance of any
(a) to any legal advisers and statutory auditors that it has engaged for itself; Services to the extent that the aggregate of any such claims relating to any one Service exceeds the
(b) to any regulator having regulatory or supervisory authority over its business; limit of liability set out in Clause 10 above;
(c) to any director, officer or employee of the Receiving Party provided that, in each case, the (e) any claims or suits arising as a result of any misuse or unauthorised use of any Reports issued by
Receiving Party has first advised that person of the obligations under Clause 7.1 and ensured that Intertek or any Intellectual Property Rights belonging to Intertek (including trade marks) pursuant to
the person is bound by obligations of confidence in respect of the Confidential Information no less this Agreement; and
onerous than those set out in this Clause 7; and (f) any claims arising out of or relating to any third party’s use of or reliance on any Reports or any
(d) where the Receiving Party is Intertek, to any of its subsidiaries, affiliates or subcontractors. reports, analyses, conclusions of the Client (or any third party to whom the Client has provided the
Reports) based in whole or in part on the Reports, if applicable.
7.3 The provisions of Clauses 7.1 and 7.2 shall not apply to any Confidential Information which:
11.2 The obligations set out in this Clause 11 shall survive termination of this Agreement.
(a) was already in the possession of the Receiving Party prior to its receipt from the Disclosing Party
without restriction on its use or disclosure; 12. INSURANCE POLICIES
(b) is or becomes public knowledge other than by breach of this Clause 7; 12.1 Each party shall be responsible for the arrangement and costs of its own company insurance
which includes, without limitation, professional indemnity, employer’s liability, motor insurance and
(c) is received by the Receiving Party from a third party who lawfully acquired it and who is under no property insurance.
obligation restricting its disclosure; or
12.2 Intertek expressly disclaims any liability to the Client as an insurer or guarantor.
(d) is independently developed by the Receiving Party without access to the relevant Confidential
Information. 12.3 The Client acknowledges that although Intertek maintains employer’s liability insurance, such
insurance does not cover any employees of the Client or any third parties who may be involved
7.4 The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent in the provision of the Services. If the Services are to be performed at premises belonging to the
required by law, any regulatory authority or the rules of any stock exchange on which the Receiving Client or third parties, Intertek’s employer’s liability insurance does not provide cover for non-Intertek
Party is listed, provided that the Receiving Party has given the Disclosing Party prompt written employees.
notice of the requirement to disclose and where possible given the Disclosing Party a reasonable
opportunity to prevent the disclosure through appropriate legal means. 13. TERMINATION
7.5 Each party shall ensure the compliance by its employees, agents and representatives (which, in 13.1 This Agreement shall commence upon the first day on which the Services are commenced and
the case of Intertek, includes procuring the same from any sub-contractors) with its obligations under shall continue, unless terminated earlier in accordance with this Clause 13, until the Services have
this Clause 7. been provided.
7.6 No licence of any Intellectual Property Rights is given in respect of any Confidential Information 13.2 This Agreement may be terminated by:
solely by the disclosure of such Confidential Information by the Disclosing Party. (a) either party if the other continues in material breach of any obligation imposed upon it hereunder
7.7 With respect to archival storage, the Client acknowledges that Intertek may retain in its archive for more than thirty (30) days after written notice has been dispatched by that Party by recorded
for the period required by its quality and assurance processes, or by the testing and certification rules delivery or courier requesting the other to remedy such breach;
of the relevant accreditation body, all materials necessary to document the Services provided. (b) Intertek on written notice to the Client in the event that the Client fails to pay any invoice by its
8. AMENDMENT due date and/or fails to make payment after a further request for payment; or
8.1 No amendment to this Agreement shall be effective unless it is in writing, expressly stated to (c) either party on written notice to the other in the event that the other makes any voluntary
amend this Agreement and signed by an authorised signatory of each party. arrangement with its creditors or becomes subject to an administration order or (being an individual
or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the
9. FORCE MAJEURE purposes of a solvent amalgamation or reconstruction) or an encumbrancer takes possession, or a
9.1 Neither party shall be liable to the other for any delay in performing or failure to perform any receiver is appointed, of any of the property or assets of the other or the other ceases, or threatens
obligation under this Agreement to the extent that such delay or failure to perform is a result of: to cease, to carry on business.
(a) war (whether declared or not), civil war, riots, revolution, acts of terrorism, military action, sabotage 13.3 In the event of termination of the Agreement for any reason and without prejudice to any other
and/or piracy; rights or remedies the parties may have, the Client shall pay Intertek for all Services performed up to
the date of termination. This obligation shall survive termination or expiration of this Agreement.
(b) natural disasters such as violent storms, earthquakes, tidal waves, floods and/or lighting;
explosions and fires; 13.4 Any termination or expiration of the Agreement shall not affect the accrued rights and
obligations of the parties nor shall it affect any provision which is expressly or by implication intended
(c) strikes and labour disputes, other than by any one or more employees of the affected party or of to come into force or continue in force on or after such termination or expiration.
any supplier or agent of the affected party; or
14. ASSIGNMENT AND SUB-CONTRACTING
(d) failures of utilities companies such as providers of telecommunication, internet, gas or electricity
services. 14.1 Intertek reserves the right to delegate the performance of its obligations hereunder and the
provision of the Services to one or more of its affiliates and/ or sub-contractors when necessary.
9.2 For the avoidance of doubt, where the affected party is Intertek any failure or delay caused by Intertek may also assign this Agreement to any company within the Intertek group on notice to the
failure or delay on the part of a subcontractor shall only be a Force Majeure Event (as defined below) Client.
where the subcontractor is affected by one of the events described above.
15. GOVERNING LAW AND DISPUTE RESOLUTION
9.3 A party whose performance is affected by an event described in Clause 9.1 (a Force Majeure
Event) shall: 15.1 This Agreement and the Proposal shall be governed by English law. The parties agree to submit
to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in
(a) promptly notify the other party in writing of the Force Majeure Event and the cause and the likely connection with this Agreement (including any non-contractual claim relating to the provision of the
duration of any consequential delay or non-performance of its obligations; Services in accordance with this Agreement).
(b) use all reasonable endeavours to avoid or mitigate the effect of the Force Majeure Event and 16. MISCELLANEOUS
continue to perform or resume performance of its affected obligations as soon as reasonably
possible; and Severability
(c) continue to provide Services that remain unaffected by the Force Majeure Event. 16.1 If any provision of this Agreement is or becomes invalid, illegal or unenforceable, such provision
shall be severed and the remainder of the provisions shall continue in full force and effect as if this
9.4 If the Force Majeure Event continues for more than sixty (60) days after the day on which it Agreement had been executed without the invalid illegal or unenforceable provision. If the invalidity,
started, each party may terminate this Agreement by giving at least ten (10) days’ written notice to illegality or unenforceability is so fundamental that it prevents the accomplishment of the purpose of
the other party. this Agreement, Intertek and the Client shall immediately commence good faith negotiations to agree
10. LIMITATIONS AND EXCLUSIONS OF LIABILITY an alternative arrangement.
10.1 Neither party excludes or limits liability to the other party: No partnership or agency
(a) for death or personal injury resulting from the negligence of that party or its directors, officers, 16.2 Nothing in this Agreement and no action taken by the parties under this Agreement shall
employees, agents or sub-contractors; or constitute a partnership, association, joint venture or other co-operative entity between the parties
or constitute any party the partner, agent or legal representative of the other.
(b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors).
Waivers
10.2 Subject to Clause 10.1, the maximum aggregate liability of Intertek in contract, tort (including
negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any 16.3 Subject to Clause 10.4 above, the failure of any party to insist upon strict performance of
matter arising out of or in connection with the Services to be provided in accordance with this any provision of this Agreement, or to exercise any right or remedy to which it is entitled, shall
Agreement shall be the amount of Charges due by the Client to Intertek under this Agreement. not constitute a waiver and shall not cause a diminution of the obligations established by this
Agreement. A waiver of any breach shall not constitute a waiver of any subsequent breach.
10.3 Subject to Clause 10.1, neither party shall be liable to the other in contract, tort (including
negligence and breach of statutory duty) or otherwise for any: 16.4 No waiver of any right or remedy under this Agreement shall be effective unless it is expressly
stated to be a waiver and communicated to the other party in writing.
(a) loss of profits;
Whole Agreement
(b) loss of sales or business;
16.5 This Agreement and the Proposal contain the whole agreement between the parties relating
(c) loss of opportunity (including without limitation in relation to third party agreements or contracts); to the transactions contemplated by this agreement and supersedes all previous agreements,
(d) loss of or damage to goodwill or reputation; arrangements and understandings between the parties relating to those transactions or that subject
matter. No purchase order, statement or other similar document will add to or vary the terms of this
(e) loss of anticipated savings; Agreement.
(f) cost or expenses incurred in relation to making a product recall; 16.6 Each party acknowledges that in entering into this Agreement it has not relied on any
(g) loss of use or corruption of software, data or information; or representation, warranty, collateral contract or other assurance (except those set out or referred to in
this Agreement) made by or on behalf of any other party before the acceptance or signature of this
(h) any indirect, consequential loss, punitive or special loss (even when advised of their possibility). Agreement. Each party waives all rights and remedies that, but for this Clause, might otherwise be
10.4 Any claim by the Client against Intertek (always subject to the provisions of this Clause 10) available to it in respect of any such representation, warranty, collateral contract or other assurance.
must be made within ninety (90) days after the Client becomes aware of any circumstances giving 16.7 Nothing in this Agreement limits or excludes any liability for fraudulent misrepresentation.
rise to any such claim. Failure to give such notice of claim within ninety (90) days shall constitute
a bar or irrevocable waiver to any claim, either directly or indirectly, in contract, tort or otherwise in Third Party Rights
connection with the provision of Services under this Agreement. 16.8 A person who is not party to this Agreement has no right under the Contract (Rights of Third
11. INDEMNITY Parties) Act 1999 to enforce any of its terms.
11.1 The Client shall indemnify and hold harmless Intertek, its officers, employees, agents, Further Assurance
representatives, contractors and sub-contractors from and against any and all claims, suits, liabilities 16.9 Each party shall, at the cost and request of any other party, execute and deliver such
(including costs of litigation and attorney’s fees) arising, directly or indirectly, out of or in connection instruments and documents and take such other actions in each case as may be reasonably
with: requested from time to time in order to give full effect to its obligations under this Agreement.
(a) any claims or suits by any governmental authority or others for any actual or asserted failure of
the Client to comply with any law, ordinance, regulation, rule or order of any governmental or judicial
authority;
(b) claims or suits for personal injuries, loss of or damage to property, economic loss, and loss of or
damage to Intellectual Property Rights incurred by or occurring to any person
or entity and arising in connection with or related to the Services provided hereunder by Intertek, its
22
Intertek
The Warehouse, Brewery Lane,
Leigh
WN7 2RJ
enquiriesleigh@intertek.com
intertek.com/textiles/