1.1 Unless otherwise specifically agreed in writing by Abel Inspection & Testing Technology Services(hereinafter, the " AiT ") or except where they are at variance with the regulations or law of local governments, all services provided by AiT are governed by the following general conditions of service.
1.2 AiT may perform services for an individual or a private entity or public entity who providing instructions (hereinafter, the "client").
1.3 No other party than the client is entitled to give instructions to AiT, particularly on the scope of service or delivery of report (i.e. The "report of Findings"), unless written instructions by the client is received in advance.
2. Provision of services
2.1 AiT performs inspection services using reasonable care, skill and capacity of an independent third party, and in accordance with client’s instructions which confirmed by AiT or, in the absence of such instructions, the terms of any recommended standard specification sheet of AiT and/or any relevant trade custom, usage or practice and/or such methods as AiT may consider appropriate on technical, operational and/or financial grounds.
2.2 AiT's services consist of any work performed by AiT employee, on behalf of client, including but not being limited to them(Refer to Inspection Services page)
3. AiT 's obligations and undertakings
3.1 AiT 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 in the case of:
Out of its scope of activity or specialization ;
Presenting geographical accessibility problems, such as services to be conducted or products to be found in restricted areas;
Requiring AiT to obtain special permissions to operate, for example, governmental permissions.
3.2 AiT undertakes to supply the services that it has accepted to conduct in a professional, independent and impartial manner, honestly and in full compliance with:
The client's special instructions when ordering the service and as confirmed by AiT or the terms of reference of AiT, in the absence of such instructions;
Any relevant professional standard, trade custom, usage or practice;
Such methods as AiT shall consider appropriate on technical, operational and/or financial grounds.
3.3 AiT shall train and exercise due care and skill in the selection and assignment of its personnel, experts or consultants.
4. Client's obligations and undertakings
4.1 The client will ensure that sufficient information, instructions, documents and/or samples are given to AiT in due time to enable the required services to be performed.
4.2 The client will rocure all necessary access for AiT 's representatives to the premises where the services are to be performed and take all necessary steps to eliminate or remedy any obstacles to, or interruptions in, the performance of the services.
4.3 The client will inform its partnership to supply, if required, any special equipment and personnel and place necessary for the performance of the services.
4.4 The client will ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services and will not rely, in this respect, on AiT 's advice whether required or not.
4.5 the client will inform AiT in advance of any known hazards or dangers, actual or potential, associated with any order or samples or testing including, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or poisons.
5. Fees and payment
5.1 Unless otherwise agreed the fees for Services performed by AiT are payable on the date stipulated on the debit note (and not later than one month after the receipt of the said debit note). Late payment will incur an interest charge at 1.5% per month, or fraction thereof from the due date up to and including the date of payment is actually received.
5.2 In the case where an order for a AiT service is terminated by the client after our inspectors have started out on appointed day will be charged at full price.
5.3 In the event that AiT being prevented for any reason beyond its control from performing or completing requested Services, as well as in case of early termination of Service for any reason not attributable to AiT, the client agrees to reimburse any expenditure, and out of pocket expenses made or incurred in relation to this Service and/or to pay proportion of fees due for Services actually rendered and to release AiT from all responsibility for partial or non-performance of the Services.
5.4. In the event when the service 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 AiT will charge full fee to Client as a 'missing Inspection' fee. AiT advises its clients to then re-charge this cost to their factory when the factory is proved to be of fault.
5.5. In the event when samples are necessary for the agreed service, the client should pay all the expense for sample sending and collection.
5.6. In the case of services to be conducted or products to be found in highly remote area where geographical accessibility issue presents, or in special or restricted period, special agreement concerning special charges should be made in advance.
6. Limitation of liability
6.1 AiT is neither an insurer nor a guarantor and disclaims such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
6.2 Subject to the client's instructions as accepted by AiT (as specified in the terms of reference), the Report relating to the facts will be issued as recorded by it within the limits of the instructions received and on the basis of the documents and information provided by the client, but reporting upon any facts or circumstances which are outside the specific scope of its assignment is not under AiT’s obligation.
6.3 AiT 's advice is given only in relation to documents and information provided by the client, and AiT cannot be held liable if it has received incomplete or erroneous information; In the event of false information being given to AiT by a third party, no liability will be taken to AiT.
6.4 AiT 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. The liability of AiT in respect of any claim for loss, damage or expense of any nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to 10 times the amount of the fee paid in respect of the specific service which gives rise to such claim or US$10,000 (or its equivalent in local currency), whichever is the lesser. AiT shall have no liability for any indirect or consequential loss, for example loss of profits.
6.5 In the event of any claim, Client must give written notice to the AiT within 10 days of discovery of the facts alleged to justify such claim or three months from the completion of the relevant service and, in any case, AiT shall be discharged from all liability for all claims for loss, damage or expense unless evidence to be given.
Client shall guarantee, hold harmless and indemnify AiT and its representatives, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any services.
8. Termination of services
AiT shall be entitled to automatically without any liability either terminate immediately and/or suspend provision of services in the event of:
8.1 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 days of receipt of notice served by the Non-Defaulting Party (AiT) requiring it to do so. Material breaches include, without limitation any willful and deliberate breach by the client of its obligations under clause 4 hereabove;
8.2 Any suspension of payment, arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by Client.
9.1 The Report will reflect findings of the Service at the time and place of service only. This Report does not discharge sellers and suppliers from their legal and/or commercial obligations towards the principle.
9.2 If any one or more provisions of these terms and conditions are found to be illegal or un-enforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
10. Applicable law, Jurisdiction and settlement of dispute
10.1 Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Chinese Laws and Incoterms.
10.2 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 China.
The hereabove terms and conditions have been drafted in English. In case of any discrepancy, the English version shall be controlling for all purposes.