Unless otherwise specifically and expressly agreed in writing by The
Inspection
Company Limited (hereinafter called "TIC"),
all services provided by
The Inspection
Company Limited are governed by the following general conditions of
service, which
prevail
any purchase terms and conditions.
Services carried out by TIC, on behalf of an entity or individual from whom
the
instructions to act have originated (hereinafter
called the
"Customers") will be carried out by
using techniques and processes that permit an independent, impartial and
objective
approach.
The end result of the Service will consist in a certificate or document
(hereinafter called the
"Report") communicating
the collection of information TIC has been
requested to supply and
will be delivered as a fax, a written document or an online report.
No other party than the Customer shall be entitled to give instructions to
TIC, particularly
on the scope of inspection or delivery of Report,
unless so authorized
by the Customer.
2. Provision of Services
TIC in the capacity of an independent third party, supplies information in
the form of
ascertainment or recommendations for the
special purpose of
contributing to the prevention
of the risks to which the beneficiaries of its services are exposed, and of
helping
them assure
the quality of their products. TIC's services (hereinafter called the
"Services") consist of work
performed by TIC,
including but not limited to:
3. TIC's Obligations and Undertakings
TIC guarantees to keep all information provide by customer confidential and will not disclose any to 3rd party.
TIC expressly reserves the right to act at its own discretion in accepting
or declining a
request for service,
and cannot be compelled to accept or be held
liable for declining a
request for services or for products:
TIC undertakes to supply the Services it has accepted to carry out in a
professional and
timely manner, in accordance with proper
professional practice and in
compliance with:
TIC shall exercise due care and skill in the selection and assignment of its personnel.
4. Customer's Obligations and Undertakings
To provide all necessary product information for which the service has been
ordered.
This especially includes full artwork of
product and packing, full
technical and functional
specification of the product, material specification, qty, etc.
It also includes a detail information about AQL Level and Sample Size requested by customer.
Detail supplier and factory information and contact information.
To take all reasonable steps to assure TIC has access to the site and materials on which Service will be based;
To provide TIC with all information and samples, as well as the documents
necessary to
complete requested Service, in a timely
manner (and in any event not
later than 48 hours
prior to the desired intervention), except for generally available
documents
such as codes and
standards, either directly or through suppliers or agents of the Customers;
To insure that adequate instructions and notice are given to TIC in due time to facilitate proper performance for the Service requested;
To advise TIC of the date on which the Services are to commence, or to be
resumed, and
also of essential dates affecting the
item(s) for which Services are
being rendered;
Generally to render all reasonable assistance to TIC in providing necessary
instructions,
information, documents, safety and
security information in connection
with the working
conditions, required equipment and access (as the case may be).
Documents reflecting engagements between the Customers and third parties or
third
parties' documents - if received by
TIC - are considered to be for
information only and do not
extend or restrict the scope of the services or obligations accepted by
TIC.
5. Invoicing, Fees and Payment
Payment
Payment is expected by T/T, Paypal or other transfer to one of TIC Bank
account, which is
stated on the invoice.
TIC will only cover his own local bank charges which are charged by HSBC
Hong Kong.
Any oversea or intermediary
bank charges need to be covered by clients.
Invoice
All Inspections, Audits and Testing are billed before performance take
place and need to be
fully paid also in advance.
Cancellation Policy and Re-inspection
Cancellation deadline: We accept a cancellation of confirmed jobs during
work time and
workdays (Monday – Friday)
until 12 pm (China Time) the day before the
service date. After
this limit, the booked services will be charged in full
to the client.
For Monday inspection, the deadline is Friday 12:00 PM.
If the inspection cannot be performed due to any of below but not only
reasons:
Power Cut off in factory,
no worker, no goods ready, no access to
factory, etc, or
any other reason out of the responsibility of the inspector of TIC
itself.
TIC will charge full cost to the client.
As our business partner is our client, we need to charge these cost also to
the client.
TIC advises its clients then to
re-charge this cost to their factory
due to the cancellation is
caused by them.
Re-Inspection: Usually re-inspection costs need to be covered by the
factory. TIC will issue
Invoice to the factory before
the inspection and need to receive
payment before re-inspection
take place.
For Laboratory Testing and Certificates orders, cancellation is not possible once the Testing has been launched by the Laboratory.
In the event that TIC is being prevented from performing or completing in
full requested
Services, for any reason beyond
its control, such as but not limited
to, wrong information
given by Client or Factory (e.g. goods not ready for Inspection despite
information given by
Factory, wrong address, etc.), the Customers agrees to :
In the event when the Inspection must be cancelled on the projected
Inspection day,
because of wrong information given by
Client or Factory (e.g. goods not
ready for Inspection
despite information given by Factory,...), the man-day will be considered
spent, and TIC will
charge full fee to Client as a 'missed Inspection' fee. TIC advises its
clients to then re-charge
this cost to
their factory when the factory is proved to be mistaken.
Customers provided inspection sample(s): If an inspection sample is
provided by the
Customers and shipped to an TIC office,
and then must be re-forwarded
by TIC to the
Customer's factory, and the shipping charge exceeds $10 USD, then the
shipping
fee will be
automatically added to the final invoice amount.
For Laboratory Testing orders:
Should the quotation given vary once the Product Samples are received and
checked
by TIC, it is agreed that:
- if the Test price increase is less than 25% or US$ 100, TIC will inform
the Client and
launch the Test immediately for quicker processing.
- if the Test price increase is more than 25% and US$100, TIC will seek
Client's
confirmation before launching the Test.
The minimum charge for any Lab Test order is US$100 for standard delivery and US$150 for express.
For any delay of payment, TIC keeps the right to charge USD 25,- for each
payment
reminder starting 10 days
after overdue of payment date.
Furthermore TIC keeps the right to charge 13% annual interest for any unpaid overdue amount.
6. Liability and Indemnification
Limitation of Liability
TIC is neither an insurer nor a guarantor and disclaims such capacity.
Clients seeking a
guarantee against loss or damage
should obtain appropriate insurance.
Subject to the Customer's instructions as accepted by TIC (as specified in
the terms of
reference), TIC will issue the Report
relating to the facts as recorded
by it within the limits of
the instructions received and on the basis of the documents and
information provided by the
Customers (refer to #4 above), but TIC is under no obligation to report
upon any facts or
circumstances which are outside the specific scope of its assignment.
TIC advice is given only in relation to documents and information provided
by the
Customers, and TIC cannot be held liable
if it has received incomplete
or erroneous
information.
In the event of false information being given to TIC by a third party, TIC accepts no liability.
TIC undertakes to use its best efforts and to exercise due care and skill
in the
performance of its Services, and accepts
liability only in case of
negligence proven by the
Customers.
Indemnification
In the event of TIC being held liable in respect to any claim of loss,
damage or expense
of whatsoever nature and however arising,
its liability to the
Customers shall in no
circumstances exceed five (5) times the total aggregate sum of fees paid
for the specific
single service for which a claim is made if no approved reference sample
was provided by
the Customers, and ten (10) times if an
approved reference sample was
provided and
available for the inspector at the factory on the day of inspection, or an
approved
TIC office
three days prior to the scheduled inspection date.
In addition, in case of the Service of pre-shipment inspections:
The Customers shall guarantee and indemnify TIC and its servants, agents or
subcontractors against all claims made by third
parties for loss,
damage or expense of
whatsoever nature arising, relating to the performance or non-performance
of any service,
to
the extent that the total sum of such claims exceed the limitation of
liability mentioned in
the first paragraph of Indemnification.
In the event of any claim, notice must be given to TIC within seven days
following
discovery of the facts, or latest three months
from the completion of
the TIC Service.
7. Termination of Services
TIC shall be entitled to automatically either terminate and/or suspend provision of services in the event that:
The Customers commits any material breach of its obligations under these
terms and
conditions and/or
the terms of reference and (if such breach shall be
capable of remedy) fails
to make good such breach
within ten (10) days of receipt of notice
served by the Non-
Defaulting Party (TIC) requiring it so to do.
Material breaches
include, without limitation
any willful and deliberate breach by the Customers of its
obligations
under clause 4 here
above;
The Customers is insolvent or unable to pay its debts, in suspension of
payments, or
convenes a meeting of or compounds
with its creditors or has a
receiving order made against
it or (other than for the purposes of bona fide amalgamation or
reconstruction) has an order
made or a resolution passed for its winding up or for the appointment of an
administrator to
manage
its affairs, business and property or has a receiver or
administrative receiver
appointed over any of its assets or undertaking or if
TIC takes or
suffers any similar or
analogous action in consequence of debt.
8. Certification
TIC will issue Inspection Certificate after successful performed
inspection; This IC can be
used for L/C or other payment regulations
from customer side.
9. Miscellaneous
The Report will reflect findings of the Service at the time and place of
Service. This
Report does not discharge sellers and suppliers
from their legal and/or
commercial
obligations towards the principle.
10. Applicable and Governing law, Jurisdiction and Settlement of Dispute
Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Hong Kong Law.
All disputes or differences of any kind whatsoever between the parties in
connection
with or arising out of the services shall
be submitted to the non
exclusive jurisdiction of the
courts of Hong Kong or any location of branch office.
11. Language
These terms and conditions have been drafted in English. In case of discrepancy, the English version shall be controlling for all purposes.