I. GENERAL TERMS A. All services provided by CVI are governed by these specific conditions of service, unless otherwise agreed upon and expressed in writing at the time of service contracting, including all purchase terms and conditions. B. All services performed by CVI on behalf of the business or person (hereinafter called the "client") will be performed according to the instructions provided and carried out by techniques designed to provide an independent, impartial and objective result. The information collected is reported as a written document, an online report or as a fax delivered to the client. The document (hereinafter called the "report") will communicate all collected information from CVI. C. Only those identified as the client may provide any instructions to CVI especially on the method of inspection or of the method of delivery of the report to the client, unless this has been specifically agreed upon beforehand with the client, in writing. II. SERVICE PROVISIONS A. CVI has the task of performing tasks as a third party independent firm. The company will provide recommendations for the specific goal of contributing to the reduction of risks by exposing any and all risks to its beneficiaries. CVI provides detailed analysis of said risks and offers solutions to insure the quality of the finished product. CVI offers quality assurance and inspection services including, but not limited to the following: The company provides auditing of factories, preproduction inspections and quality control assurance throughout, container loading inspections, pre shipment inspections, and in production inspections. III. OBLIGATIONS OF FULL SERVICE INSPECTION A. CVI reserves the right to act as necessary, in its own discretion, as the company accepts or declines service. CVI can not be held liable or be compelled to accept any request for service, nor any requests for products. This includes any falling out of scope of activity or specialization of services. It also includes any situation in which there is a geographical accessibility problem, including providing services or products that are found to be in restricted or remote locations. CVI will not be responsible for obtaining permissions including governmental permissions. B. CVI will supply all requested and contracted services in a professional and timely manner, according to the professional practice accordance, and with special care in regards to: The client is specific, special instructions when services are ordered and confirmed by CVI; the terms for the service will be signed by both the client and CVI, and when these services are not available the following is held true: i. Any relevant and professional standard, usage, practice or trade custom. ii. Any methods that CVI considers to be appropriate including operational, technical and financially based decisions. C. CVI will take care in the selection of personnel to complete services according to these specific goals. IV. CLIENT OBLIGATIONS A. The client will undertake all reasonable steps to allow for CVI to have necessary access to the site and required materials for which all services will be based on. B. The client will provide all necessary information and supplies, not less than 48 hours prior to the necessary service completion, and any document necessary to complete the required service; unless the requirements are generally available such as coding and standards, supplied through to CVI directly or through the agents of the client. C. The client will insure all instructions and notices given to CVI are provided in a timely manner to insure that all services requested can be performed as required. D. The client will information CVI the date of which the services are to commence, or to be resumed as necessary, and of all essential dates that affect the completion of said services. E. The client will provide all reasonable assistance to CVI to provide the company with all required information, documentation and security requirements to that the tasks are completed as directed, including any assistance needed in working conditions, access and required equipment. V. INVOICING AND PAYMENTS A. The client will make payment by Telegraphic Transfer if there is no other specific agreement. B. The client will make payment prior to the inspection taking place, for any new client requesting services; CVI holds the right to allow regular clients to pay within five business days of the invoice date. C. CVI reserves the right to charge the client travel expenses, as deemed necessary by both parties, for any services requested and contracted outside of CVI is normal provision area. The company will invoice for said services. D. CVI reserves the right to charge a late payment of 1.5% per week, or a fraction thereof, for any payment not received within the specific, outlined payment structures. E. CVI requires all cancellations to be made in a timely fashion, only up to 12am Beijing time on the day prior to the date the services are to be preformed. Any services not canceled prior to this time will be charged to the client or factory at the rate of $200. All clients must book services at least 48 hours prior to the inspection date, unless otherwise arranged and approved by both the client and CVI. F. In any situation in which the report cannot be completed or all requested services are not completed, for any reason that is beyond the control of CVI, including situations such as, but not limited to, wrong security information provided by the client or if the factory is inaccessible (such as goods are not ready for inspection) the client agrees to the following: a. To reimburse CVI for any expenditure and out of pocket expenses that are made in relation to the requested service. VI. LIMITATIONS OF LIABILITY A. CVI is neither an insurer nor a guarantor and therefore disclaims such capacities. Clients seeking guarantees against loss or damage should not seek these services from CVI. B. CVI will issue the report including all facts recorded by it within the limitations of the service instructions received prior to the start of such services and on the basis of the documentation and information provided by the client. CVI is under no obligation to report any facts or circumstances that are determined to be outside of this specific project and service scope. C. CVI provides advice and recommendations only aboutthose contracted services agreed upon at the start of the services as requested by the client at that time, and CVI cannot be held accountable or liable for any information considered incomplete or erroneous. D. CVI accepts no liability for instances where false information has been provided to CVI. E. CVI accepts liability in only situations in which the client is able to proven negligence on the part of the performance of said services. VII. INDEMNIFICATION A. In any situation in which CVI has been held liable as in a claim of loss, damage or expenses of whatever nature, no matter how such claim came to be, the liability of CVI will be held at no more than the inspection report fee for total aggregate sum of fees to be paid for the specific services the claim is made on. B. In pre shipment inspections, where less than 100% of production has reached completion, CVI takes responsibility only to the extent to those items completed at the time of the inspection. The report provided will not prove as evidence of shipment. C. The client will guarantee and indemnify CVI, and it is employees or agents, including any subcontractors, against all claims made by third parties. This includes claims made by third parties for expenses, damage, loss or other constitutions, no matter what nature they arise in or how they related to performance or non performance. D. In the event of any claim being made, CVI must be notified directed at their headquarters. This claim must be made within seven days of the discovery of facts, or within three months from the completion of services provided by CVI. VIII. TERMINATION OF PROVIDED SERVIC CVI has the right to automatically terminate or suspend services in the following events, though not limited to these events: a. The client breaches any of these terms and conditions or any terms of reference and fails to make good such breach within the required ten days of receipt of notice from CVI, by the non defaulting party. This includes without limitations any willful or deliberate breach by the client of its obligations included in these terms and conditions. b. The client is insolvent or unable to make payment on invoices presented, in suspension of payments or has a receiving order made against it. The client has an appointment of an administrator or manage the business is affairs and property, or in any situation in which CVI suffers any similar consequences of debt held by the client. IX. DISPUTES, APPLICABLE AND GOVERNING LAW A. Unless otherwise provided, the terms and conditions provided here will be governed by and construed in accordance with local law, as of the headquarters of CVI. B. Any disputes or differences of any type that happen between the two identified parties will be submitted to the non exclusive jurisdiction of the courts of said location. |