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.
