General Terms of Services for CCIC
Group
1. The applicant (hereinafter, the ˇ°Clientˇ±) applies to
CCIC (hereinafter, the ˇ°Companyˇ±) for the relevant services
voluntarily.
2.1 Test Reports and/or Inspection Certificates are issued
by the Company with reasonable care and appropriate skill
on the basis of samples and relevant documents provided by
Client and in accordance with Client's specific instructions.
Reports or Certificates will reflect the facts as recorded
by the Company at the time and site of inspection. For the
same commodity, different inspection results issued by the
Company or other inspection companies at different time and
places using different inspection methods, technology or instruments
in no circumstances constitute any legal excuse for lodging
the claim against the Company.
2.2 In case Client requests the Company to perform the services
using specific testing methods or technology, it shall inform
the Company expressly. After the Company performs test, inspection
or surveying and issues Test Reports and/or Inspection Certificates
using inspection methods or technology confirmed by Client,
Client shall not lodge claim in accordance with different
results obtained by using different testing methods or technology.
2.3 The issuing of Test Reports and Inspection Certificates
by the Company does not release Client from any rights and
obligations stipulated in the relevant contract. The Company
is not subject to the binding of the opposite stipulation.
2.4 Test Reports and/or Inspection Certificates issued by
the Company according to samples provided by Client do not
express any opinion of the Company upon the lot from which
the samples were drawn. Client shall otherwise inform the
Company in advance expressly for the arrangement of sampling
for the whole lot if necessary.
2.5 Should Client request that the Company witnesses any
third party intervention, Client agrees that the Company's
sole responsibility is to be present at the time of the third
party's intervention and to forward the results, or confirm
the occurrence, of the intervention. Client agrees that the
Company is not responsible for the calibration or accuracy
of instruments and measuring devices used, the analysis methods
applied or the qualifications of third party personnel or
the analysis results.
3.1 The Company is liable only for inspection results that
are seriously inconsistent with the facts. The liability of
the Company for such reason shall in no circumstances exceed
a total aggregate sum equal to 10 times the amount of the
fee or commission paid for the service. The Company shall
have no liability for any indirect or consequential loss including
loss of expected profits in the contract with the third party,
loss of future business and clients or loss of production
and non-fulfilling of contract. When several parts of payment
of inspection fee or commission are involved, the fees or
commission are to be calculated separately in compensating
Client for those inspection results seriously inconsistent
with the facts, i.e. only one or several items of inspection
fees (not all the fees or commission due or paid to the Company)
covering serious mistakes shall be calculated as the basis
of compensation.
3.2 In the event of any claim due to serious mis-issuing
of Test Reports and/or Inspection Certificates of the Company,
Client must lodge the claim against the Company within 12
months from the date of contract -signing with the Company.
The ways of claim may include requesting for compensation
directly at the Company, suing at the court or applying for
arbitration. The Company shall be discharged from all liability
for claims lodged out of the stipulated period.
3.3 The Company performs the inspection, issues the Test
Reports and/or Inspection Certificates at the mutually agreed
date, exclusive of the cases in which the conditions outside
the Company prevent it to do so.
4.1 Should Company receive documents reflecting engagements
contracted between Client and third parties or third party
documents, such as copies of sale contracts, letters of credit,
bills of lading, etc., they are considered to be for information
only, and do not extend or restrict the scope of the services
or the obligations accepted by the Company.
4.2 The Client will ensure that sufficient information, instructions
and documents are given in due time to enable the required
services to be performed. The Company shall not be regarded
as breaching of contract and will be released from all liability
due to delayed submitting of sufficient information by Client,
thus resulting the delayed testing, inspection, surveying
or issuing of Test Reports and/or Inspection Certificates.
4.3 The Company is not liable for any consequences resulting
from wrong, omitted or false documents and/or information
provided by Client.
4.4 For the Company's service validity, Client shall provide
the Company with accurate, valid telephone numbers, address
or e-mail box to ensure the Company staff could receive fax,
e-mail or letters from Client correctly and vice versa. Client
shall inform the Company of any changing of this information.
Otherwise, the Company is not responsible for any delayed
delivery.
5.1 All samples provided by Client shall be retained by the
Company for 30 days from the date of issuing of Test Reports
and/or Inspection Certificates except otherwise agreed in
written text. The Company may, at its discretion, dispose
of those samples retained more than 30 days or mutually agreed
period. The Company may return samples to Client at its prior
request with all the expense borne by Client. Storage of samples
for more than 2 weeks out of the agreed period shall incur
a storage charge payable by Client.
5.2 The Company only provides the place for retaining samples
and is not liable for the damage, reduction or loss of samples.
5.3 Client shall inform the Company expressly of the characteristics,
methods and duration of storage and any known hazards or dangers
etc.. In case highly noxious or dangerous samples are involved,
the Company is entitled to request Client to provide the place
for storage.
5.4 Shall law-enforcement departments seal up, detain, take
away samples or take other lawful measures to samples, the
Company will no longer be liable for keeping samples and Client
shall not be entitled to claim for any compensation therefrom.
6.1 Client will pay the agreed amount of fees in time. In
case the clause is unclear, Client shall pay relevant fees
within 30 days upon the Company's issuing Payment Notice.
Should Client have dissent on Payment Notice, it must inform
the Company within 10 days upon receiving Payment Notice.
Otherwise, the amount is to be regarded as accepted by Client.
In case of failing to pay fees in time, a penalty for breach
of contract to Client will incur at a rate of 0.1% per day
from the Due Date up to the date payment is actually received.
6.2 Client shall not be entitled to retain or defer payment
of any sums due to the Company on account of any finance dispute,
or delay to compensate for the Company.
6.3 During the course of testing, inspection, surveying or
other services, the Company shall be entitled to immediately
and without liability either suspend or terminate provision
of the services in the event of any suspension of payment,
insolvency, cessation of business or bankruptcy by Client.
If the Company is unable to perform all or part of the services
for such cause, the Company shall take no responsibility for
violation of contract and nevertheless be entitled to payment
of all fees and expenses equal to the proportion of the services
actually carried out.
6.4 Client shall pay all fees and expenses actually incurred
to the Company for the suspension of service due to its won
reason.
6.5 In the event any unforeseen problems or expenses arise
in the course of carrying out the services the Company shall
endeavor to inform Client and shall be entitled to charge
additional fees to cover extra time and cost necessarily incurred
to complete the services except Client notices the Company
in writing to suspend or terminate the service.
7.1 Any affiliate companies, representative offices or testing,
inspection companies having Cooperation Agreement with the
Company may perform the whole or part of the service contract
on the Company's behalf.
7.2 Every staff, representative office or affiliate of the
Company performs his/its civil activities within the scope
of the Company's authorization and takes the relevant limited
liabilities therefrom.
8.1 Client will take all necessary steps to eliminate any
obstacles to the performance of the services. Client will
ensure that all necessary measures are taken with reasonable
care for safety and security of working sites and conditions
during the performance of services and will not rely, in this
respect, on the Company's advice whether required or not.
In case of failing to do so, the Company and its staff are
entitled to refuse to work at the said sites. The Client shall
be liable for the compensation of any damage or losses of
the Company in case of insufficient safety protection.
8.2 Client will inform the Company in writing in advance
of any known hazards or dangers, actual or potential, associated
with any lot of goods or samples or testing/inspection including,
for example, presence or risk of radiation, toxic or noxious
elements or materials, environmental pollution or poisons.
Client will take all the responsibility for personnel damage
or loss of property of the Company due to non-performance
of such notice.
9.1 The application sheet for services will be invalid without
the seal of lawful entity or the signature of its agents.
9.2 Client guarantees the authenticity and correctness of
the contents on the application sheet for the services and
takes all the responsibilities for any wrong inspection results
or other losses resulting from the false, wrong information.
9.3 Once written application sheet for services is signed,
it becomes a binding contract to both parties. The contents
of all the documents should not be altered, modified or abandoned
without mutual written consent.
10. Should Client request the samples provided by it (having
been tested at the Company's laboratory) to be tested at the
laboratory of any third party, the Company shall not be responsible
for the results of third party. Upon request, the Company
could only issue certificate indicating the origin of samples
and the fact of sending the samples to the third party laboratory.
11. The Company is neither an insurer nor a guarantor and
disclaims all liability in such capacity. Clients seeking
a guarantee against loss or damage should otherwise obtain
appropriate insurance.
12. In on circumstances should Client alter, remake or harm
the contents and appearance of the Company's reports or certificates.
The Company reserves the copyright of the whole or part of
Test Reports and/or Inspection Certificates. Client shall
not use them for commercial purposes, such as business promotion
without the consent of the Company.
13. The Company takes no responsibility in case Client, in
violation of the relevant regulations of China or abroad,
purposely imports/exports or undertakes business of restricted
or banned goods.
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