1.1 All services provided by "Global Inspection Managing" 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 Global Inspection Managing (hereinafter referred "GIM").
1.2 Services carried out by "GIM", 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 "GIM" 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 "GIM", particularly on the scope of inspection or delivery of Report, unless so authorised by the Principal.
2. Provision of services
2.1 "GIM" 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.
"GIM 's" services (hereinafter called the "Services") consist of work performed by " GIM ", 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.
3. GIM’s obligations and undertakings
3.1 "GIM" 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 "GIM" to obtain special permissions to operate such as governmental permissions.
3.2 "GIM" 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 "GIM" the terms of reference should be duly signed by the Principal and "GIM" and in the absence of such instructions:
- Any relevant professional standard, trade custom, usage or practice
- Such methods as "GIM" 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 "GIM" has access to the site and materials on which Service will be based ;
4.2 To provide "GIM" 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 "GIM" in due time to facilitate proper performance for the Service requested ;
4.4 To advise "GIM" 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
The Service Fees include travel costs and third party expense, an exceptional travel fee will be charged if "GIM" undertakes an inspection at any other location far from big cities. The amount of the exceptional travel fee will be agreed on a case-by-case basis upon validation by "GIM" of your booking of Services.
5.2 If you are placing an Order for the first time, you shall pay the relevant Service Fees to "GIM" prior to the Service Date.
5.3 If you are an existing client, "GIM" will invoice the Service Fees to you in arrears at the end of each calendar month. The invoice will detail all Services performed and any fees and expenses incurred by "GIM" in support of the Services during that particular month. Invoices will be sent by email and you will pay each invoice upon delivery of the invoice.
5.4 "GIM" is accepting both online and offline payments and all invoices will be paid in full, without deduction and in cleared funds by telegraphic transfer to a bank account designated by "GIM", by credit card or by Paypal. You will bear your own bank fees and overseas bank charges in respect of any payment made to "GIM" Late payment will incur an interest charge at 1.5% per month, or fraction thereof.
5.5 Cancellation charges : we accept cancellation until 2 Pm (China Time) the day before the projected Inspection date. After this limit, the Services booked will be charged in full. "GIM" advises its clients to then re-charge this cost to their factory when the factory is proved to be mistaken. In the case of an Order paid online and cancelled, "GIM" will credit the buyer's Credit Card account with Paypal Refund solution. For Laboratory Testing orders, cancellation is not possible once the Testing has been launched by the Laboratory.
5.6 In case "GIM" 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 "GIM" the customer should pay the proportion of fee due services actually provided and release from any liability "GIM" partial or non-performance of services.
5.7 In case the inspection must be cancelled 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 "GIM" will charge full fee to client as a " missed Inspection" fee.
6. Liability and indemnification
6.1 Limitation of liability
6.1.1 "GIM" 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 "GIM" (as specified in the terms of reference), "GIM" 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 "GIM" is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.
6.1.3 "GIM" advice is given only in relation to documents and information provided by the Principal, and "GIM" cannot be held liable if it has received incomplete or erroneous information.
6.1.4 In the event of false information being given to "GIM" by a third party,
"GIM" 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.
6.2.1 In the event of "GIM" 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 "GIM" 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 "GIM" headquarters located at : Suite 0301, 3/F., Fontaine Building, 18 Mody Road,Tsim Sha Tsui, Kowloon, Hong Kong, within seven days following discovery of the facts.
7. Termination of services
7.1"GIM" 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 "GIM " 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 "GIM" is in a similar situation or with similar debt due.
8.1 "GIM" 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 "GIM '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.