Testing Services Terms & Conditions

A binding contract is formed when the Client (a) accepts a ALS written quotation in writing, (b) submits samples through the portal against an open quotation, or (c) issues a purchase order that ALS confirms in writing.

Where documents conflict, the following order of precedence applies:

• An executed Master Services Agreement or Statement of Work.
• The ALS written quotation (including any ALS-issued variation).
• These Testing Services Terms & Conditions.
• ALS’s Website Terms of Use (LEG-001).
• Any Client purchase order — administrative provisions only.

Client purchase-order terms that purport to override this precedence, or Client procurement portals that require click-through acceptance of Client terms, are expressly excluded.

The scope of testing is defined in the accepted quotation, including the analytes, the reference method, the reporting limits, the sample matrix, and any specification against which results will be reported. ALS may propose an alternative method where the requested method is not fit for the matrix; any such change requires written Client approval before analysis commences.

The Client is responsible for lawful sourcing, accurate labelling, and safe packaging of samples in accordance with the Sample Handling Policy (QMS-031). Samples must be accompanied by a completed submission form indicating identity, matrix, hazards, and any storage requirement.

On receipt, ALS inspects each sample against the submission form. ALS may reject or hold samples that are: unlabelled or mis-labelled, damaged in transit, of insufficient quantity, expired, at incorrect temperature, or subject to legal restriction. Costs of Client-caused re-work, re-shipment, or destruction are for the Client’s account.

ALS does not accept samples classified as human clinical diagnostic specimens, Category A infectious substances (UN 2814 / UN 2900), radioactive materials above IAEA-defined exempt levels, or controlled substances outside the scope of ALS’s HK Dangerous Drugs Ordinance authorisations. Full list in the Acceptable Use Policy (LEG-003). Submission of a prohibited sample is a material breach.

Turnaround times quoted are business days from ALS’s confirmation of sample receipt in a fit-for-analysis condition. ALS will notify the Client promptly of any material delay and its cause. Turnaround times are targets, not fixed deadlines, and ALS is not liable for delay caused by Client acts or omissions, sample non-conformity, force majeure, or third-party logistics.

Rush and same-day services are available on request and subject to a surcharge stated in the quotation.

Fees are as stated in the quotation and are exclusive of duties, taxes, and shipping. ALS invoices on release of the report. Payment terms are net 30 days from invoice date in the currency stated. Late payment accrues interest at 1.5 % per month or the maximum permitted by law, whichever is lower.

ALS may require a deposit of up to 50 % on non-standard, custom-method, or stability projects, and may suspend performance for overdue accounts on 7 days’ notice.

Reports are issued as controlled electronic PDFs, digitally signed by an authorised Technical Signatory. Draft or provisional data is not released. Reports pertain solely to the sample as received and tested; extrapolation to a batch, lot, or population is the Client’s responsibility.

Reissue of a report to correct a typographical or transcription error is free of charge within 60 days of original issue; the reissue supersedes and marks the prior report ‘Superseded — do not use’. All prior versions remain in the audit trail; overwriting is not permitted.

The Client owns the raw analytical data and the report content specific to its samples. ALS retains all rights in its methods, know-how, SOPs, validation packages, software, and templates. Method-development work expressly commissioned and paid for by the Client and identified as ‘Client-owned Method’ in the SOW is assigned to the Client on final payment. Both parties owe confidentiality obligations as set out in the Confidentiality Undertaking (QMS-022).

ALS warrants that services will be performed with reasonable care and skill and in accordance with its ISO/IEC 17025:2017-aligned quality system. This is the only warranty given; all other warranties, express or implied, are excluded to the fullest extent permitted by law.

Subject to the following, ALS’s aggregate liability arising out of or in connection with any contract is limited to the greater of (a) three times the fees paid by the Client for the affected work, or (b) HKD 500,000.

ALS is not liable for indirect, special, incidental, or consequential loss, loss of profit, loss of contract, loss of anticipated savings, loss of production, product recall costs, or reputational damage.

Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any liability that cannot be limited by law. Higher liability caps may be agreed in writing against an appropriately scoped fee uplift.

ALS maintains a professional-indemnity policy of USD 5,000,000 per claim with AIG Insurance Hong Kong Ltd. (policy PI-HK-2026-00841); a certificate of currency is available on request.

• Either party may terminate for material breach not remedied within 30 days of written notice.
• Either party may terminate immediately for insolvency, receivership, or equivalent proceeding.
• On termination, the Client pays for all work performed to termination and any non-cancellable commitments; ALS returns or destroys Client materials on written instruction.

Each party warrants compliance with all applicable sanctions, export-control, anti-bribery, and anti-money-laundering laws (including HK POBO Cap. 201, UK Bribery Act 2010, US FCPA, and EU/UK/US sanctions regimes). ALS may refuse or suspend work where compliance screening returns an adverse result.

These Terms are governed by the laws of the Hong Kong SAR. Disputes are referred first to good-faith negotiation between senior representatives, and failing resolution within 30 days, to arbitration seated in Hong Kong under the HKIAC Administered Arbitration Rules by one arbitrator, in English.

Notwithstanding the foregoing, either party may apply to a court of competent jurisdiction for urgent interim relief.