Terms and conditions for material testing services

These terms apply to the testing and assessment services for packaging materials offered by BarrierLab, insofar as they are accepted through an offer, order or contract. They are intended for business-to-business (B2B) relationships.

1. The provider

The services are provided by MTC ROMÂNIA IMPEX SRL, which operates the BarrierLab laboratory (“the Laboratory”): VAT/registration code 4379153, Trade Register number J1993002861126, EUID ROONRC.J1993002861126, registered office in Cluj-Napoca, Bd. 21 Decembrie 1989, nr. 129, bl. L7, sc. 3, ap. 54, 400604, Cluj County.

Laboratory and address for samples: MTC ROMÂNIA IMPEX SRL – BarrierLab, TRC Park, Jucu de Sus, Hall J5, Module 3, Cluj County, Romania. Phone: +40 264 412 583. Email: laborator@barrierlab.ro. Hours: Monday–Friday, 07:30–16:00.

2. The services and the application of these terms

Depending on the accepted offer, the services may include:

• —mechanical tests, for example tensile strength, elongation, impact and coefficient of friction;
• —oxygen and water vapour barrier properties (OTR, WVTR);
• —heat sealing, seal strength and peel force;
• —thickness, optical properties, surface treatment and examination of the multilayer structure;
• —test reports and comparisons between samples or batches;
• —technical assessments, packaging recommendations and, when ordered separately, recyclability analyses or the development of packaging solutions.

The tests, methods, measuring ranges, equipment and deliverables are set only by the accepted offer or contract. The presentation of a test on the website does not oblige the Laboratory to perform it.

If the requester is a consumer, the rights the law grants them on a mandatory basis prevail over these terms.

3. Contract documents

The contractual relationship comprises, as applicable: the signed individual contract, the accepted offer or the order confirmed in writing, the agreed technical annexes and test plan, and these terms. In case of inconsistency, the individual contract prevails, then the accepted offer with its annexes, then these terms. The client’s general terms apply only if the Laboratory expressly accepts them.

4. Request, assessment and offer

The request can be sent through the website form, by email or through other agreed channels. The Laboratory may ask for the purpose of the testing, the standard or parameter of interest, the material structure, the packed product, the batch, the conditions of use, the packaging machine and the process settings.

The Laboratory answers after assessing the request on paper within two working days for testing requests and within five working days for assessment requests. These periods concern the assessment of the request, not the performance of the tests, and may be extended if clarifications are needed.

The offer states, as applicable: the materials, the tests, the method or standard and its edition, the number and preparation of specimens, conditioning, the decision rule if a statement of conformity is requested, the price, currency and VAT, payment, the schedule, the deliverables, the report language, sample handling and any external services.

Sending a request or receiving a parcel does not oblige the Laboratory to perform the tests.

5. Order acceptance and start of work

The order is accepted when the Laboratory confirms in writing the offer accepted by the client or when the individual contract is signed. Work starts after receipt of the samples and the necessary information, clarification of the parameters, confirmation that the equipment is available and fulfilment of the agreed payment conditions.

Any change to the scope, the number of samples, the method or the deadline is confirmed in writing, together with its effect on price and schedule. Additional costs are invoiced only with the client’s consent or on a contractual basis.

6. Samples: preparation, identification, transport

The quantity, dimensions, form and packaging of the samples are agreed with the Laboratory before shipment. Each sample is identified by a code or label and, as applicable, by the material name and structure, batch, MD/TD orientation, treated side, storage and processing history, the product it was in contact with and the request reference.

Packaging and transport to the Laboratory are the client’s responsibility, unless the offer provides otherwise. Before shipment, the client reports any sample that is contaminated, hazardous, flammable, biological, perishable or requires special handling; the Laboratory may refuse such samples.

7. Receipt and representativeness of samples

On receipt, the Laboratory records the date, the internal code, the description, the quantity, the condition of the packaging and any anomalies. If a sample is incomplete, insufficient, damaged or unsuitable for the method, the Laboratory informs the client and may postpone the test until clarified.

When sampling is not carried out by the Laboratory, the results relate to the sample as received, and representativeness for the whole batch depends on the client’s sampling. If the Laboratory also carries out the sampling, the conditions are agreed separately, in advance.

8. Methods and equipment

Tests are carried out to ASTM, ISO or in-house methods agreed for each job, with the edition of the standard stated where relevant. The mention of a standard on the website is not a commitment to automatically use a particular edition.

The Laboratory reports changes of method, conditions or equipment that may affect the results and asks for the client’s consent when they change the subject of the job. The availability of equipment undergoing calibration or verification is confirmed when the order is accepted. A test that could not be carried out under the required technical conditions is not reported as completed.

9. Destructive tests

Some tests, for example tensile testing to break, impact, peel or sectioning, consume or destroy the sample, wholly or partly. Accepting an order that names such a method means consenting to the necessary consumption of sample, within the agreed limits. For interventions beyond the agreed method, the client’s consent is requested. Samples consumed by testing cannot be returned.

10. Lead times

The lead times shown on the website for each test are indicative, and the report is prepared after the tests are completed. The binding deadline is the one confirmed in the offer or order.

Unless agreed otherwise, the period runs from the receipt and technical acceptance of all necessary samples and information. Sample conditioning, clarifications, repetitions needed for validity or technical interruptions may extend the period; the Laboratory reports them without delay, with the estimated impact. Firm deadlines expressly accepted remain binding.

11. Reports and their limits

The report relates to the sample and conditions tested and includes, as applicable: the report code, identification of the client and the sample, the method or standard, the test conditions and dates, results with their units, measurement uncertainty where relevant, deviations from the method, conclusions supported by the data, the signature of the person responsible and a note of external services.

BarrierLab reports are internal test reports: the laboratory is not RENAR-accredited (ISO/IEC 17025), and the reports are not presented as issued under accreditation. If you need accredited testing or a certification body, tell us before ordering.

The results do not by themselves certify the conformity of future production or of the whole batch, the shelf life, food contact safety or compatibility with every packaging process.

12. Statements of conformity

For a “pass/fail” conclusion against a limit or specification, the client and the Laboratory agree before testing on the criterion and the decision rule, including how measurement uncertainty is taken into account, unless the rule follows from the applicable standard or regulation. Without a decision rule, the Laboratory reports only the measured values. A statement of conformity with an agreed specification is not a certification of the product, nor a confirmation of compliance with all legislation.

13. Recyclability, PPWR and other regulatory assessments

Recyclability assessments and assessments under Regulation (EU) 2025/40 on packaging and packaging waste (PPWR) cover only the parameters and documents in the accepted offer, according to the acts and methodologies applicable on the date of the assessment. A BarrierLab report or recommendation is not an official PPWR certificate of conformity, an EU declaration of conformity or a market authorisation, and the obligations of the manufacturer, importer or distributor do not pass to the Laboratory.

Mechanical, optical or barrier tests do not replace a full conformity assessment of materials intended to come into contact with food.

14. Reference samples, return and disposal

The Laboratory may keep reference samples, for later comparisons or for repeating the checks in the event of a dispute. The quantity kept, the duration and conditions of storage, any cost, the return and the method of disposal are set in the offer or contract.

Without a written clause on long-term storage, receiving a sample does not create an unlimited storage obligation. The return of unused samples can be agreed in writing, with the transport costs. Hazardous or degraded samples are disposed of according to the law, informing the client where possible.

15. Clarifications, retests and complaints

The client may report by email any unclear points or errors concerning sample identification, the method, calculations or the wording of the report, stating the report code and the reasons. The Laboratory checks its records and answers within a reasonable time, depending on complexity.

A retest is possible only if there is enough reference sample, the condition of the sample allows the test and the conditions can be reproduced. If an error by the Laboratory is found, it is remedied according to the law and the contract, without passing the cost of the correction on to the client. In other cases, the cost of the retest is set by an offer. Periods for commercial complaints may be detailed in the individual contract; these terms do not create forfeiture periods for legal rights.

16. Correcting reports

A corrected or supplemented report is issued as a new, clearly identified document, referring to the version it replaces and stating the nature of the revision. The Laboratory keeps a record of versions. The client does not alter the report or present it in a form that changes the meaning of the results; partial reproduction for the public or third parties requires the Laboratory’s written consent where it could mislead, without preventing disclosures required by law.

17. Confidentiality

The parties keep confidential the information received in the course of the job that is marked as such or confidential by its nature: material structures, formulations, specifications, process parameters, photographs, data about machines and batches, reports, offers and commercial terms.

The Laboratory uses this information only for quoting, carrying out and administering the job, defending its rights and legal obligations, and discloses it only to authorised staff and to providers or subcontractors bound by confidentiality, or when required by law.

The obligation does not cover information that has become public through no fault of the party, information legitimately known beforehand, lawfully obtained from another source or independently developed. The duration of the obligation and special clauses for trade secrets are set by the contract or the confidentiality agreement. The client’s name, photographs, case studies or reports are used for promotional purposes only with the client’s written consent.

18. Intellectual property

The client keeps the rights to its materials, designs, trademarks, drawings, formulations and information. The Laboratory keeps the rights to its in-house methods, templates, procedures, software and know-how. Once the contractual obligations are fulfilled, the client may use the report received for the professional purpose of the order, without acquiring rights to the Laboratory’s methods or trademarks.

For packaging solution development projects (“Bring Your Idea”), the rights to new structures, documentation, drawings, prototypes and results are set expressly in the project contract. Paying for standard tests does not automatically transfer intellectual property rights.

19. Subcontracting

If part of the job has to be done by another laboratory, the Laboratory informs the client in advance of what is outsourced, the category or identity of the provider and the effect on price and deadline, and asks for the client’s consent, except for arrangements already accepted by contract. The report shows separately the results obtained by BarrierLab and those provided externally. Subcontracting cannot suggest a RENAR accreditation that does not exist.

20. Price and payment

Price, currency, VAT, advance payments, transport, additional tests, repetitions on request, urgent work, translations, return of samples and payment due dates are set in the accepted offer or contract. Work outside the initial scope is done only after informing the client of the cost and obtaining consent. The consequences of late payment are those provided by law and by the contract.

21. Cancellation, suspension, termination

The client may request in writing that the order be changed, suspended or cancelled. The consequences are determined by the stage of the work, materials consumed, tests already carried out and external costs that can no longer be recovered, according to the accepted conditions.

The Laboratory may suspend the work if the samples are unsuitable, the information is insufficient, risks arise for safety or for the integrity of the results, or the start or payment conditions are not met, with reasonable notice where possible. Termination does not extinguish the obligations of confidentiality, payment for services provided and data protection.

22. Liability

Each party is liable for the obligations it has assumed, under the contract and the law. The Laboratory is liable for applying the agreed methods with professional diligence and for correctly reporting the results obtained under the conditions tested. The client is liable for the accuracy of the information, the identification and representativeness of the samples it took, its right to send the materials and the decision on the commercial use of the product.

Tests on a sample do not guarantee the uniformity of the whole batch or the behaviour of products manufactured later. Liability caps, exclusions and commercial warranties are set only expressly, in the individual contract. These terms do not exclude liability for intent or gross negligence, nor other liability that cannot be limited by law.

23. Force majeure

The parties notify each other without delay of events that prevent the performance of obligations and take reasonable measures to limit their effects. Force majeure and other grounds for exemption apply according to Romanian law and the contract; ordinary operational difficulties are not force majeure.

24. Personal data

The contact data of representatives and of people involved in the job are processed for quoting, contracting, communication, traceability and legal obligations, in accordance with the Privacy policy. If a job exceptionally involves the Laboratory processing personal data on the client’s behalf, the parties conclude a processing agreement under Art. 28 GDPR.

The client’s technical data and documents are not entered into external generative artificial intelligence tools without a contractual basis and protective measures agreed for the job.

Read the Privacy policy →

25. Applicable law, disputes and communications

The contractual relationship is governed by Romanian law. Disputes are settled amicably or, failing agreement, by the competent courts at the registered office of MTC ROMÂNIA IMPEX SRL, unless the offer or contract provides otherwise. The mandatory rights of consumers are not restricted.

Communications about an order, including approval of methods and changes of scope, are made in writing, to the agreed email addresses or through the agreed channels.

26. Applicable version

Each order is governed by the version of these terms accepted when it was concluded, unless the parties agree otherwise. A later change to this page does not alter the contractual obligations assumed.

27. Contact

For contracting and complaints, write to laborator@barrierlab.ro.