4. CLIENT WARRANTIES AND OBLIGATIONS

4.1 The Client represents and warrants:

(a) that it has the power and authority to enter into this Agreement and procure the provision of the Services for itself;

(b) it is securing the provision of the Services hereunder for its own account and not as an agent or broker, or in any other representative capacity, for any other person or entity;

(c) that any information, samples and related documents it (or any of its agents or representatives) supplied to Xx集团 (including its agents, sub-contractors and employees) is true, accurate representative, complete and is not misleading in any respect. The Client further acknowledges that Xx集团 will rely on such information, samples or other related documents and materials provided by the Client (without any duty to confirm or verify the accuracy or completeness thereof) in order to provide the Services. Xx集团 is not under any obligation to verify any of the foregoing as to their accuracy, completeness or truth;

(d) that any samples provided by the Client to Xx集团 shall be shipped pre-paid and will be collected or disposed of by the Client (at the Client’s cost) within thirty (30) days after testing unless alternative arrangements are made by the Client. In the event that such samples are not collected or disposed by the Client within the required thirty (30) day period, Xx集团 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 Xx集团 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 related 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 and as a condition precedent to such third party receiving any Report or the benefit of any Services.

4.3 The Client further agrees:

(a) to co-operate with Xx集团 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 Xx集团 on behalf of the Client and to bind the Client contractually as required;

(b) to provide Xx集团 (including its agents, sub-contractors and employees), at its own expense, any and all samples, information, material or other documentation necessary for the execution of the Services in a timely manner sufficient to enable Xx集团 to provide the Services in accordance with this Agreement. The Client acknowledges that any samples provided may become damaged or be destroyed in the course of testing as part of the necessary testing process and undertakes to hold Xx集团 harmless from any and all responsibility for such alteration, damage or destruction;

(c) that it is responsible for providing the samples/equipment to be tested together with any specified additional items, including but not limited to connecting pieces, fuse-links, etc;