RU FR PT ES DA DE

         1.      General

1.1 Unless otherwise specifically and expressly agreed in writing by IEC Group Limited (hereinafter called "IEC"), all services provided by IEC Group Limited and contracted with its clients are governed by the following general conditions of service, which prevail any purchase terms and conditions.

1.2 Services carried out by IEC, on behalf of an entity or individual from whom the instructions to act have originated (hereinafter called the "Client") 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 IEC 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 Client shall be entitled to give instructions to IEC, particularly on the scope of inspection or delivery of Report, unless so authorized by the Client.

2. Provision of services

2.1 IEC 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. IEC's services (hereinafter called the "Services") consist of work performed by IEC, 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.

·         - production follow up

3. IEC's obligations and undertakings

3.1 IEC 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 specialization ;

·         - Presenting geographical accessibility problems, such as services to be rendered or products to be found in restricted or highly remote areas ;

·         - Requiring AI to obtain special permissions to operate such as governmental permissions.

 

3.2 IEC 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 Client's special instructions when ordering the Service and as confirmed by IEC – the terms of reference should be duly signed by the Client and IEC -, and in the absence of such instructions.

·         - Any relevant professional standard, trade custom, usage or practice ;

·         - Such methods as IEC shall consider appropriate on technical, operational and/or financial grounds.

 

4. Client's obligations and undertakings

4.1 To take all reasonable steps to assure IEC has access to the site and materials on which Service will be based

4.2 To provide IEC 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 Client ;

4.3 To insure that adequate instructions and notice are given to IEC in due time to facilitate proper performance for the Service requested ;

4.4 To advise IEC 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

5.1 Payment

Payment is expected to occur at the contract’s signature between the Client and IEC. Payments shall be received by IEC before the contract execution.

5.2. Cancellation charges: cancellation occurring at least 24 hours before Service will be charged 50% of the amount of the contract. After this limit, the Services booked will be charged in full.

5.3 IEC advises its clients to then re-charge this cost to their factory when the factory is proved to be mistaken.

5.4 For Laboratory Testing (LT) orders, cancellation is not possible once the Testing has been launched by the Laboratory.

5.5 In the event that IEC 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,...), the Client agrees to :

·         Reimburse any expenditure, and out of pocket expenses made or incurred in relation to this Service ;

·         Pay proportion of fees due for Services actually rendered and to release IEC from all responsibility for partial or non-performance of the Services.

5.6 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 IEC will charge full fee to Client as a 'missed Inspection' fee. IEC advises its clients to then re-charge this cost to their factory when the factory is proved to be mistaken.

6. Liability and indemnification

6.1 Limitation of liability

6.1.1 IEC 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 Client's instructions as accepted by IEC (as specified in the terms of reference), IEC 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 (refer to #4 above), but IEC is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.

6.1.3 IEC advice is given only in relation to documents and information provided by the Client, and IEC cannot be held liable if it has received incomplete or erroneous information.

6.1.4 IEC 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.

6.2 Indemnification

6.2.1 In the event of IEC being held liable in respect to any claim of loss, damage or expense of whatsoever nature and however arising, its liability to the Client shall in no circumstances exceed five 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 Client, and fifteen times if an approved reference sample was provided and available for the inspector at the factory on the day of inspection, or an approved IEC office two days prior to the scheduled inspection date.

6.2.2 The Client shall guarantee and indemnify IEC 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 Article 6.2.1.

6.3 In the event of any claim, notice must be given to IEC headquarters (IEC Limited located at  ADDRESS) within seven days following discovery of the facts, and  three months from the completion of the AI Service.

 

7. Termination of services

IEC shall be entitled to automatically either terminate and/or suspend provision of services in the event that:

7.1 The Client 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 (IEC) requiring it so to do. Material breaches include, without limitation any willful and deliberate breach by the Client of its obligations under clause 4 hereabove.

7.2 The Client 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 IEC takes or suffers any similar or analogous action in consequence of debt.

8. Miscellaneous

8.1 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.

10. Language

These terms and conditions have been drafted in English. In case of discrepancy, the English version shall be controlling for all purposes.