General sales conditions
General
1.1 Unless otherwise specifically and expressly agreed in writing by QC FACTORY Inspection Services Limited (hereinafter called " QC FACTORY ") or except where they are at variance with the regulations or law of local governments, all services provided by QC FACTORY are governed by the following general conditions of service.
1.2 QC FACTORY may perform services on behalf of an individual or a private or a public entity who provides instructions (hereinafter called "client").
1.3 No other party than the client is entitled to give instructions to QC FACTORY, particularly on the scope of service or delivery of report (herafter called the "report of Findings"), unless written instructions by the client is received in advance.
Provision of services
2.1 QC FACTORY performs inspection services using reasonable care, skill and capacity of an independent third party, and in accordance with client's instructions and as confirmed by QC FACTORY or, in the absence of such instructions, the terms of any recommended standard specification sheet of QC FACTORY and/or any relevant trade custom, usage or practice and/or such methods as QC FACTORY may consider appropriate on technical, operational and/or financial grounds
2.2 QC FACTORY inspection services consist of any work performed by QC FACTORY employee, on behalf of client, including all ours services but not being limited .
QC FACTORY’s obligations and undertakings
3.1 QC FACTORY 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.
3.2 QC FACTORY undertakes to supply the services that it has accepted to conduct in a professional, independent and impartial manner, honestly and in full compliance with:
-The client's special instructions when ordering the service and as confirmed by QC FACTORY - the terms of reference should be duly signed by the client, and in the absence of such instructions
-Any relevant professional standard, trade custom, usage or practice
-Such methods as QC FACTORY shall consider appropriate on technical, operational and/or financial grounds.
3.3 QC FACTORY shall train and exercise due care and skill in the selection and assignment of its personnel, experts or consultants.
Client's obligations and undertakings
4.1 The client will ensure that sufficient information, instructions, documents and/or samples are given to QC FACTORY in due time to enable the required services to be performed.
4.2 The client will provide all necessary access for QC FACTORY 's representatives to the premises where the services are to be performed and take all necessary steps to eliminate or remedy any obstacles to, or interruptions in, the performance of the services.
4.3 The client will inform its partnership to supply, if required, any special equipment and personnel and place necessary for the performance of the services.
4.4 The client will ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services
4.5 the client will inform QC FACTORY in advance of any known hazards or dangers, actual or potential, associated with any order or samples or testing including, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or poisons.
Fees and payment
5.1 Unless otherwise agreed, the fees for Services performed by QC FACTORY are payable on the date stipulated on the debit note when you book the service.
Late payment will incur an interest charge at 1.5% per month, or fraction thereof from the due date up to and including the date of payment is actually received.
5.2 In the case where an order for a QC FACTORY service is terminated by the client after our inspectors have started out on appointed day,it will be charged at full price.
5.3 In the event that QC FACTORY is prevented for any reason beyond its control from performing or completing requested Services, including case of early termination of Service for any reason not attributable to QC FACTORY, the client agrees to
- reimburse any expenditure, and out of pocket expenses made or incurred in relation to this Service :
-and/or to pay proportion of fees due for Services actually rendered and to release QC FACTORY from all responsibility for partial or non-performance of the Services.
5.4. In the event when the service must be cancelled on the intended inspection day, because of wrong information given by the client or factory (e.g goods not ready for inspection despite information given by factory...), the man-day will be considered spent, and QC FACTORY will charge full fee to the client as a 'missed Inspection' fee. QC FACTORY advises its clients to then re-charge this cost to their factory when the factory is proved to be in fault.
5.5. In the event when samples are necessary for the agreed service, the client should pay all the expense for sample sending and collection.
5.6. In the case of services to be conducted or products to be found in highly remote area where geographical accessibility issue presents, or in special or restricted period, special agreement concerning special charges should be made in advance.
Limitation of liability
6.1 QC FACTORY is neither an insurer nor a guarantor and disclaims such capacity.Clients seeking a guarantee against loss or damage should obtain appropriate insurance
6.2 Subject to the client's instructions as accepted by QC FACTORY (as specified in the terms of reference), QC FACTORY 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 client, but QC FACTORY is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.
6.3 QC FACTORY 's advice is given only in relation to documents and information provided by the client, and QC FACTORY cannot be held liable if it has received incomplete or erroneous information. In the event of false information being given to QC FACTORY by a third party, no liability will be taken to QC FACTORY.
6.4 QC FACTORY 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 client.
Indemnification
7.1 In the event of QC FACTORY being held liable, in respect of any claim for loss, damage or expense of whatever nature and however arising, its liability shall in no circumstances exceed 5 times the total aggregate sum of fees paid for the specific services for which a claim is made, or US$2500 (or its equivalent in local currency), whichever is the lesser.
QC FACTORY shall have no liability for any indirect or consequential loss, for example loss of profits.
7.2 In the event of any claim, Client must give written notice to the QC FACTORY within 7 days of discovery of the facts alleged to justify such claim or one month from the completion of the relevant service and, in any case, QC FACTORY shall be discharged from all liability for all claims for loss, damage.
7.3 Client shall guarantee, hold harmless and indemnify QC FACTORY and its servants, agents or subcontractors against all claims (actual or threatened) made 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 or non-performance of any service.
Termination of services
8.1 QC FACTORY shall be entitled to automatically without any liability either terminate immediately and/or suspend provision of services for anyegitimate reason l.
Miscellaneous
9.1 The Report will only 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 client.
9.2 If any one or more provisions of these terms and conditions are found to be illegal or un-enforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Applicable law, Jurisdiction and settlement of dispute
10.1 Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Hong kong Laws and Incoterms.
10.2 All disputes or differencies 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
Language
The hereabove terms and conditions have been drafted in English. In case of any discrepancy, the English version shall be controlling for all purposes.
