Terms and Conditions

CONDITIONS OF SERVICES

QA International, Ltd., hereinafter called “QAI”, while reserving the right to decline, without giving any reason whatsoever, any request for the undertaking of a Test, Inspection, Auditing or Sampling, hereinafter called “Service”, will carry out at the request of the applicant the required Service subject to the following conditions:

1. QAI acts on behalf of the applicants from whom the instructions to act have originated, hereinafter called “the Principal”. No other party is entitled to give instructions, particularly on the scope of Service or delivery of Service certificate or report.
2. QAI will however be deemed irrevocably authorized to deliver at its discretion the certificate of the report to a third party if following instructions by the Principal a promise in this sense had been given to this third party or such a promise implicitly follows from circumstances, trade custom, usage or practice.
3. Documents reflecting engagements contracted between the Principal and third parties, such as copies of contracts, letters of credit, bills of lading, etc. are (if received by QAI) considered to be for information only, without extending or restricting QAI’s mission and obligations.
4. Subject to the Principal’s instructions, QAI or its authorized correspondents will issue service certificates and reports which reflect statements of opinions made with due care within the limitation of instructions received but QAI is under no obligation to refer to or report upon any facts or circumstances which are outside the specific instructions received.
5. The Principal agrees that he will:
   a. Ensure that instructions to QAI are given in due time to enable the required Service to be performed effectively;
   b. Procure all necessary access for QAI’s Representative to goods, promises, installation, and transport;
   c. Supply, if required, any special instrument necessary for the performance of the required Service;
   d. Ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of Service and will not rely, in this respect on QAI’s advice whether required or not;
   e. Take all necessary steps to eliminate or remedy any obstruction to or interruption in the performance of the required service;
   f. Fully exercise all his rights and discharge all his liabilities under the contract of sale whether or nor a certificate or a report has been issued by QAI failing which shall be under no obligation to the Principal.
6. QAI undertakes to exercise due care and skill in the performance of its Service and accepts responsibility only for gross negligence proven by the Principal. The liability of QAI to the Principal in respect of any claims for loss, damage or expense of whatsoever nature is a total aggregate sum equal to five (5) times the amount of the fee payable in respect of the specific service required under the particular contract which gives rise to such claim.
   The Principal has to lodge his claim and has to prove the liabilities of QAI within a reasonable time. An indication of a reasonable time is two (2) calendar months. QAI reserves the right to re-test or re-inspect the merchandise forming the subject matter of the claim. The Service performed and certificates/reports issued by QAI or its recognized correspondents do not relieve manufacturers/sellers from their contractual responsibilities and legal liabilities.
7. The Principal shall guarantee, hold harmless and indemnify QAI and its member of staff or subcontractors against all claims made by any third part for loss, damage or expense of whatsoever nature and howsoever arising relating to the performance, purported performance or non-performance of any Service to the extent that the aggregate of any such claims related to any one service exceed the limit mentioned in Section 6.
   CONDITIONS OF SERVICES
   (continued)
8. Approval samples are deposited and accepted by QAI provided that either they are insured by the Principal or the Principal assumes entire responsibility for loss through fire, theft or burglary, or for damage arising directly or indirectly in the course of inspection or handling, without recourse whatsoever to the QAI or any member of its staff.
9. In the event of the QAI being prevented by reason of any cause whatsoever outside the QAI’s control from performing or completing any service for which an order has been given or an agreement made, the Principal will pay to the QAI:
   a. The amount of all abortive expenditure actually made or incurred;
   b. A proportion of the agreed fee or commission equal to the proportion (if any) of the service actually carried out.
   QAI shall be relieved of all responsibility whatsoever for the partial or total non-performance of the required service.
10. QAI reserves the right to include Special Conditions in addition to the foregoing General Conditions if warranted by the particular circumstances of the required service.
    IMPORTANT NOTES FOR INSPECTION CLIENTS:
    Our Inspection Services are subject to the Conditions of Services as described herein.
    A working day normally commences at 9:00 am.
    Appointment of services should be made with QAI at least 7 working days prior to any service.
    For any on-site service, when QAI arrives at the location and find that the conditions are not suitable to carry out a proper service or where necessary equipment for testing is not available, our inspectors may decide to draw sample for further checking and/or testing in QAI premises if practical. Clients will be responsible for related expenses.
    QAI inspectors will arrive when goods are completed, packed and marked. At this time a random sample of cartons will be selected from the whole consignments as per our standard procedure.
    Goods for inspection will be unpacked by the client in our presence and inspected in suitable conditions as specified. After inspection, the repacking of the inspected goods are the responsibility of the client. Samples may be drawn for testing to verify against specifications, and other requirements.
    Following an inspection, the results will be verbally communicated at the place of inspection, and confirmed to the client by email or fax on the next working day. Verbal advice should not be taken as an indication of acceptance for shipment.
    Where a negotiable certificate is required, subject to the results of our inspection, this will be issued as soon as possible after all relevant documents, namely: the contract, letter of credit, packing list, specifications, drawing, measurement chart, accessory card, etc, are received by us.
    In the case where there is a discrepancy, the client’s written acceptance is necessary for the issuance of a certificate; otherwise, a non-negotiable report of the actual findings will be issued.