General Policies
1. GeneralUnless otherwise agreed in writing or except where they are at variance (i) The regulations of governing services which are performed on behalf of government bodies or any other public entity or (ii) the mandatory provisions of local law, all offers or services & all resulting contractual relationship(s) between EXIM INSPECTION HUB & client will be governed by these general conditions of service (hearing after the ‘’General Conditions’’) Any service might be performed by the company for persons or entities (private, public or governmental) issuing instructions (hearing after the ‘’Client”) Without receiving any prior written instruction on the contrary from client, none other party is authorised to give instruction, particularly on the scope of the services or the delivery of reports or certificates resulting there from (the “Reports of Findings”). Client hereby irrevocably authorises the Company to deliver Reports of Findings to a third party where so instructed by Client or, at its discretion, where it implicitly follows from circumstances, trade custom, usage or practice.
2. Provision of Services
Services will be provided by the company using reasonable care and skill and according to client’s specific instructions which is confirmed by the company or in the absence of such instructions: – the terms of any standard order form or standard specification sheet of the Company; and/or – any relevant trade custom, usage or practice; and/or – such methods shall be consider by the company appropriate on technical, operational and/or financial grounds. Information mentioned in Reports of Findings is derived from the results of inspection or testing procedures carried out according to the instructions of Client, and/or our assessment of such results on the basis of any technical standards, trade custom or practice, or other circumstances which should in our professional opinion be taken into account. Further reports of Findings will be issued on the basis of testing of samples which includes the company’s opinion on those samples only and do not express any opinion upon the lot from which the samples were drawn. In case of any third party intervention, Client should request that let the company witness any third party intervention, if the client agrees that the company’s sole responsibility is to be present at the time of the third party’s intervention and to forward the results, or confirm the occurrence, of the intervention. Client agrees that the Company is not responsible for the condition or calibration of apparatus, instruments and measuring devices used, the analysis methods applied the qualifications, actions or omissions of third party personnel or the analysis results. Finding reports of the company will reflect the facts as recorded by it at the time of its intervention only and within the limits of the instructions received or, in the absence of such instructions, within the limits of the alternative parameters applied as provided for in clause 2(a). The Company has no obligation to refer to, or report upon, any facts or circumstances which are outside the specific instructions received or alternative parameters applied. The performance of all or part of the services might be delegated by the company to an agent or subcontractor and Client should authorise the company to disclose all information necessary for such performance to the agent or subcontractor. Company should receive documents reflecting engagements or contracted between Client and third parties or third party documents, such as copies of sale contracts, letters of credit, bills of lading, etc.. They are considered to be for information only, and do not extend or restrict the scope of the services or the obligations accepted by the Company. Client should acknowledges the Company that for providing the services the company neither takes the place of client or any third party, nor releases them from any of their obligations, nor otherwise assumes, abridges, abrogates or undertakes to discharge any duty of Client to any third party or that of any third party to Client. Retention of samples will be for a time period of maximum 3 months or less than that subject to the nature of the sample permits and then returned to client or else disposal of it according to the company’s wish, thereafter company will have no responsibility for such samples. If the samples are stored for more than 3 months then the storage charge will be borne by the client in addition handling & freight fee is also payable by the client if samples are returned which includes special disposal charges also.
3. Client’s obligations
The Client will:
For performing the required services the client must ensure sufficient information, instructions and needed documents on time and, under any circumstances not later than 48 hours prior to the desired intervention. Easy access to the company’s representatives inside the service performing premises and the representatives will reserve the right to eliminate or make any remedy for any obstacles or interruption related to performing services. For performing the services client will Supply any special equipment & personnel if required. The client will ensure all necessary measures for safety and security of working conditions, sites and installations during the performance of services and will not rely on any. Client will intimate company regarding any known hazards or dangers, actual or potential, associated with any order or samples or testing included, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or poisons in advance. The client will fully exercise all its rights and discharge all its liabilities under any relevant sales or other contract with a third party and at law.
4. Fees and Payment
Fees will be at the company’s standard rates (subject to change). No fee will be established between the Company and Client at the time the order is placed or a contract is negotiated. All applicable taxes are payable by client. Client has to pay within 10 days if any shorter period is not mentioned in the invoice. If the company fails to deliver on time all fees will be due with interest at a rate of 1% per month (or any other rate mentioned in the invoice) from the due date of actual payment to be received. Every service will be invoiced on a monthly basis and before the next month client will receive EXIM INSPECTION HUB’S invoice receipt for the arrangement of payment. Client is not allowed to retain or defer payment of any sum alleging against the Company on account of any dispute, counter claim or set off. For the collection of unpaid fees Company can go to any court having competent jurisdiction. All costs related to companies collection attorney’s, remuneration etc will be borne by the client. In case of the any problem or expense arises all of a sudden during the period of carrying out the services the Company will informed client and charge additional fees to cover extra time and cost for the completion of the services. Company’s inability to perform a part or the entire service for any reason which is beyond the control of the company and even failure by client to comply with any of its above mentioned obligations as mentioned in clause number (3) company will nevertheless be entitled to make payment of:-the expenses incurred by the company of all non-returnable amount and a proportion of the agreed fee which is equal to the proportion of the services actually carried out.
5. Suspension or Termination of Services
The Company reserves the right to suspend or terminate immediately provision of the services without any liability in the event of: if any failure made by the Client is not remedied within 10 days for complying with any of its obligations hereunder and that notice of such failure has been notified to client; or any payment suspension or insolvency what so ever any arrangement with creditors receivership or cessation of business by client.
6. Liability and Indemnification
(a) Limitation of Liability:
1. EXIM INSPECTION HUB has no liability against loss or damage faced by the client ever,
2. EXIM INSPECTION HUB or any of its employee or agent or subcontractor or any third party is not liable to client for finding reports if any action is taken on the basis of finding reports. Reports of Findings are issued on the basis of information, documents and/or samples provided by, or on behalf of, Client and solely for the benefit of Client. EXIM INSPECTION HUB is also not responsible for any incorrect result arises from unclear, erroneous, incomplete, misleading or false information provided to us.
3. EXIM INSPECTION HUB is not liable for any delay caused by directly or indirectly arising from any event outside our control, which includes failure by client to us with any of its obligations hereunder.
4. Any claim related to liability of EXIM INSPECTION HUB as such loss, damage or expense of any kind shall not exceed a total aggregate sum which is equal to 5 times the amount of the fee paid in respect of the specific service which gives rise to such claim or US$2,000 (or its equivalent in local currency), whichever is the lesser.
5. It will not be a liability of EXIM INSPECTION HUB for any consequential loss which including without limitation loss of profits, loss of opportunity, loss of goodwill and cost of product recall. Even EXIM INSPECTION HUB will have no liability for any loss, damage or expenses arising from the claims of any third party (including, without limitation, product liability claims).
6. For the purpose of any claim, client must give a written notice to EXIM INSPECTION HUB within 10 days of discovery of the facts alleged to justify such claim and in any case, EXIM INSPECTION HUB shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within six months from: – the date of performance by EXIM INSPECTION HUB of the service which gives rise to the claim; or – the date when the service should have been completed in the event of any alleged non-performance. (b) Indemnification: One thing should be guaranteed by the client that they should hold harmless and indemnify EXIM INSPECTION HUB and all its personnel or agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any services.
7. Miscellaneous If any one of these General Conditions is found to be illegal or not enforceable in any respect, the remaining provisions will no longer be valid in any way. Client will not encourage or make any offer to EXIM INSPECTION HUB’s employees in course of providing the services and thereafter for a period of one year to leave their employment with EXIM INSPECTION HUB. Registered name of EXIM INSPECTION HUB along with the logo mark for advertising purpose usage are strictly prohibited without receiving any prior written authorization from EXIM INSPECTION HUB.
8. Governing Law, Jurisdiction and Dispute Resolution In case of any dispute arises at any point of time related to contractual relationship (s) hereunder will be governed by the substantive laws of WEST BENGAL (INDIA) exclusive of any rules with respect to conflicts of laws.
9. Others a) Cancellation of booked inspection must be submitted to EXIM INSPECTION HUB’s Sales team 2 (two) working days prior to the Scheduled Inspection Date otherwise a handling cost of USD100 will be applied for late cancellation. b) A cost of USD 225 for re-inspections will be levied to vendors in accordance with costs incurred for EXIM INSPECTION HUB’s Sales team and according to charging standards for third party inspection teams. c) Ensure all approvals are obtained ready for the inspection (e.g. samples, swatches, fabrics, colors, trims, packaging, etc.)