1.1 All services provided by "Chine Inspection" are governed by the following general conditions of service, which prevail any purchase terms and conditions unless another agreement has been specifically and expressly agreed in writing by the company Redrun Agency Limited (hereinafter referred "Chine Inspection").
1.2 Services carried out by "Chine Inspection", on behalf of an entity or individual from whom the instructions to act have originated ( hereinafter called the "Principal") 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 "Chine Inspection" has been requested to supply and will be delivered as a fax, a written document or an online report.
1.3 No other party than the Principal shall be entitled to give instructions to "Chine Inspection", particularly on the scope of inspection or delivery of Report, unless so authorised by the Principal.
2. Provision of services
2.1 AI 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. "Chine Inspection's" services (hereinafter called the "Services") consist of work performed by "Chine Inspection", including but not limited to :audit of factories, pre-production inspections and quality control of the products ,pre-shipment inspections and quality control ,container loading inspections, during production inspections, companies checking verification and conflict resolution between customers and suppliers in China and Taiwan.
3. Chine Inspection's obligations and undertakings
3.1 "Chine Inspection" 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 :
- Falling out of its scope of activity or specialisation
- Presenting geographical accessibility problems, such as services to be rendered or products to be found in restricted or highly remote areas
- Requiring "Chine Inspection" to obtain special permissions to operate such as governmental permissions.
3.2 Chine Inspection 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 :
- The Principal's special instructions when ordering the Service and as confirmed by Chine Inspection - the terms of reference should be duly signed by the Principal and Chine Inspection , and in the absence of such instructions:
- Any relevant professional standard, trade custom, usage or practice
- Such methods as "Chine Inspection" shall consider appropriate on technical, operational and/or financial grounds.
4. Principal's obligations and undertakings
4.1 To take all reasonable steps to assure "Chine Inspection" has access to the site and materials on which Service will be based ;
4.2 To provide Chine Inspection 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 24 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 Principal ;
4.3 To insure that adequate instructions and notice are given to "Chine Inspection" in due time to facilitate proper performance for the Service requested ;
4.4 To advise "Chine Inspection" before 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 ;
5. Invoicing, fees and payment
5.1Payment
Customers must pay the fees at least two days before inspections.
5.2 In case the customer cancels an order for service less than 24 hours before the date fixed for the beginning, the order will be payable.
5.3 In the event that "Chine Inspection" is being prevented from performing or completing in full requested Services, for any reason beyond its control, such as but not limited to, as well as in case of cancellation of the order for any reason not attributable to "Chine Inspection", the client should reimburse any expenditures made or incurred with respect to this service.
5.4 In case Chine Inspection is prevented for any reason beyond its control to ensure or perform the requested services, as well as in case of cancellation of the order for any reason not attributable to Chine Inspection the customer should pay the proportion of fee due services actually provided and release from any liability Chine Inspection partial or non-performance of services.
5.5 In case the inspection must be canceled on the day of inspection, due to false information provided by the client or the factory ( goods not ready for Inspection despite information provided by the factory, the working day will be counted and pay the fees due proportion of the services actually provided and release from any liability "Chine Inspection".
6. Liability and indemnification
6.1Limitation of liability
6.1.1 Chine Inspection is neither an insurer nor a guarantor and disclaims such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
6.1.2 Subject to the Principal's instructions as accepted by "Chine Inspection" (as specified in the terms of reference), "Chine Inspection" 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 Principal (refer to paragraph 4 above), but "Chine Inspection" is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.
6.1.3 "Chine Inspection" advice is given only in relation to documents and information provided by the Principal, and "Chine Inspection" cannot be held liable if it has received incomplete or erroneous information.
6.1.4 In the event of false information being given to "Chine Inspection" by a third party, "Chine Inspection" accepts no liability.
6.1.5 AI 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 Principal.
6.2Indemnification
6.2.1 In the event of "Chine Inspection" being held liable in respect to any claim of loss, damage or expense of whatsoever nature and however arising, its liability to the Principal shall in no circumstances exceed twice the total aggregate sum of fees paid for the specific single service for which a claim is made.
6.2.2 In addition, in case of service for pre-shipment inspections when less than 100% of the production is completed, our liability shall be limited only to finished products at the time of the inspection. The report does not include shipping.
6.2.3 The Principal shall guarantee and indemnify "Chine Inspection" and its servants, agents or subcontractors against all claims made by third parties for loss, damage or expense of 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 Article 6.2.1.
6.3 In the event of any claim, notice must be given to "Chine Inspection" headquarters (Redrun Agency Limited located at >Unit 1010, 10/F, Miramar Tower-132 Nathan Road, Tsim Sha Tsui, Kowloon, Hong Kong , within seven days following discovery of the facts, or three months from the completion of the "Chine Inspection's" Service.
7. Termination of services
7.1"Chine Inspection" shall be entitled to automatically either terminate and/or suspend provision of services in the event that :
7.2 The Principal commits any material breach of its obligations under these terms and conditions. Material breaches include, without limitation any willful of the principal to break its commitments.
7.3 The principal is insolvent or unable to pay its debts, in suspension of payments, or if "Chine Inspection" is in a similar situation or similar debt due.
7.4 The customer is insolvent, unable to pay its debts, bankrupt, in liquidation or if "Chine Inspection"is in a similar situation or with similar debt due.
8. Miscellaneous
8.1 "Chine Inspection" and / or its subsidiaries and / or its affiliates and the client agree to not disclose to any third party any confidential information obtained from the other party concerning the performance of "Chine Inspection's" services.
8.2 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.
9. Applicable and Governing law, Jurisdiction and settlement of dispute
9.1 Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Hong Kong Law.
9.2 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.
