
Terms and Conditions of Business
1. Unless otherwise specifically agreed in writing CCIC London Company Limited
( hereinafter called "the Company") under takes services in accordance
with these Terms and Conditions of Business ( hereinafter called "General
Conditions")and accordingly all offers or tenders of service are made subject
to these General Conditions. All resulting contracts, agreements or other arrangements
will in all respects be governed by these General Conditions, except only to
the extent that the law of the place where such arrangements or contracts are
made or carried out shall preclude any of the General Conditions and in such
local law shall prevail wherever, but only to the extent that, it is at variance
with these General Conditions.
2. The Company is an enterprise engaged in the trade of inspection and testing.
As such, it:
2.1 carries out such standard services as are referred to in General Condition
6.
2.2 renders advisory and special services as may be agreed by the Company and
as referred to in General Condition 7.
2.3 issues report and/or certificates as referred to in General Condition 8.
3 The Company acts for the persons or bodies from whom the instructions to act
have originated ( hereinafter called "the Client"). No other party
is entitled to give instructions, particularly on the scope of inspection or
delivery of report or certificate, unless so authorised by the Client and agreed
by the Company. The Company will however be deemed irrevocably authorised to
deliver at its discretion the report or the certificate to a third party if
following instructions by the Client 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.
4 The Company will provide services in accordance with:
4.1 the Client's specific instructions as confirmed by the Company;
4.2 the terms of the Company's Standard Order Form and/or Standard Specification
Sheet if used;
4.3 any relevant trade custom, usage or practice;
4.4 such methods as the Company shall consider appropriate on technical, operational
and/or financial grounds.
5 Information and Documentation
5.1 All enquiries and orders for the supply of services must be accompanied
by sufficient information specifications and instructions to enable the Company
to evaluate and/or perform the services required.
5.2 Documents reflecting engagements contracted between the Client and third
parties, or third parties' documents, such as copies of contracts of sale, letters
of credit, bills of lading, etc. are (if received by the Company) considered
to be for information only, without extending or restricting the instructions
or obligations accepted by the Company.
6 The Company's standard services may include all or any of the following:
6.1 quantitative and/or qualitative inspection;
6.2 inspection of goods, plant, equipment, packing, tanks, containers and means
of transport;
6.3 inspection of loading or discharging;
6.4 sampling and sample preparation;
6.5 laboratory analysis or other testing;
6.6 surveys and audits.
7 Special services where the same exceed the scope of standard services as referred
to in General Condition 6 will only be undertaken by the Company by particular
arrangement.
Such special services are illustratively not exhaustively:
7.1 qualitative and/or quantitative guarantees;
7.2 tank calibration, meter calibration and meter proving;
7.3 supply of technicians and other personnel;
7.4 pre-shipment inspection under government mandated import or customs schemes;
7.5 supervision of complete industrial project schemes, including engineering
review, expediting and progress reporting;
7.6 advisory services.
8 Reports and Certificates
8.1 subject to the Client's instructions as accepted by the Company, the Company
will issue written reports and certificates made with due care within the limitation
of instructions received by the Company is under no obligation to refer to or
report upon any facts or circumstances which are outside the specific instructions
received.
8.2 reports or certificates issued following testing or analysis of samples
contain the Company's results on those samples only but do not express any opinion
upon the bulk from which the samples were drawn. If testing or analysis of the
bulk is requested specially arrangements must be made in advance with the Company
for the inspection and sampling of the bulk.
9 The Client will:
9.1 ensure that instructions to the Company or changes to those instructions
and sufficient information are given in due time and in writing in the English
language to enable the required services to be performed effectively;
9.2 procure all necessary access for the Company's representatives to enable
the required services to be performed effectively;
9.3 supply, if required, any special equipment and personnel necessary for the
performance of the required services;
9.4 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 the Company's advice whether requested
or not;
9.5 take all necessary steps to eliminate or remedy any obstruction to or interruptions
in the performance of the required services;
9.6 inform the Company in writing in advance of any known hazards or dangers,
actual or potential, associated with any order or samples or testing including,
for example, but not restricted to, presence or risk of radiation, toxic or
noxious or explosive elements or materials, environmental pollution or poisons;
9.7 fully exercise all its rights and discharge all its liabilities under any
related contract of sale whether or not a report or certificate has been issued
by the Company, failing which the Company shall be under no obligation tot the
Client.
10 Unless the Client specifically, in writing, instructs otherwise, the Company
shall be entitled at its discretion to delegate the performance of the whole
or any part of the services contracted for with the Client to any agent or subcontractor.
11 If the requirements of the Client necessitate the analysis of samples by
the Client's or by any third party's laboratory the Company will pass on the
result of the analysis but without responsibility for its accuracy. Likewise
where the Company is only able to witness an analysis by the Client's or by
any third party's laboratory the Company will provide confirmation that the
correct sample has been analysed but will not otherwise be responsible for the
accuracy of any analysis or results.
12 If the sample or the service is or is potentially the subject of legal proceedings
this fact must be notified to the Company in writing before the work is carried
out. If that fact is not disclosed to the Company at that stage the Company
shall not necessarily be obliged or prepared to provide expert testimony.
13 Any samples used by the Company for any tests will be retained by the Company
for a period of 6 (six) months after the date of the tests and thereafter disposed
of unless the Client instructs otherwise. If the Client requires the sample
to be returned then the Company reserves the right to make a charge for this
service.
14 Any documents/records used in the inspection or surveying concerning the
services the Client requested will be retained by the Company for a period of
12 (twelve) months after the date inspection/survey thereafter disposed of unless
the Client instructs otherwise.
15 The Company's Liabilities
15.1 The Company undertakes to exercise due care and skill in the performance
of its services;
15.2 The liability of the Company in respect of any claims of loss, damage or
expense of whatsoever nature and howsoever arising in respect of any reach of
contract and/or any failure to exercise due skill and care by the Company shall
in no circumstances exceed a total aggregate sum equal to 8 (eight) times the
amount of the fee or commission payable in respect of the specific service required
under the particular contract with the Company provided however that the Company
shall have no liability in respect of any claims for indirect or consequential
loss including loss of profit and/or loss of future business and/or loss of
production and/or cancellation of contracts entered into by the Client. Where
the fees or commission payable relate to a number of services and a claim arises
in respect of one of those services the fee or commission shall be apportioned
for the purposes of this paragraph by reference to the estimated time involved
in the performance of each service.
16 The Client shall guarantee, hold harmless and indemnify the Company and its
officers, employees, agents or subcontractors against all claims made by an
third party for loss, damage or expense of whatsoever nature and howsoever arising
relating to the performance, purported performance or non-performance of any
services to the extent that the aggregate of any such claims relating to any
one service exceed the limit mentioned in Condition 15.
17 Every officer, employee, agent or subcontractor of the Company shall have
the benefit of the limitation of compensation and the indemnity contained in
these General Conditions and so far as relates to such limitations any contract
entered into by the Company is entered into not only on its own behalf but also
as agent and trustee for every such person as aforesaid.
18 In the event that any unforeseen problems or expenditure arise in the course
of carrying out any of the contracted services the company shall be entitled
to make additional charges to cover additional time and cost necessarily incurred
to complete the service.
19 Payment
19.1 The Client will punctually pay not later than 30(thirty) days after the
relevant invoice date or within such other period as may have been agreed in
writing by the Company all proper charges rendered by the Company failing which
the Company reserve the right to charge interest at the rate of 3.0 (three)
percent per annum above LIBOR from time to time from the date of invoice until
payment.
19.2 The Client shall not be entitled to retain of defer payment of any sums
due to the Company on account of any dispute, cross claim or set-off which it
may allege against the Company.
19.3 In the event of any suspension of payment arrangement with creditors, bankruptcy,
insolvency, receivership or cessation of business by the Client the Company
shall be entitled to suspend all further performance of its services forthwith
and without liability.
20 In the event of the Company being prevented by reason of any cause whatsoever
outside the Company's control from performing or completing any service for
which an order ahs been given or an agreement made, the Client will pay to the
Company:
20.1 the amount of all abortive expenditure actually made or incurred;
20.2 a proportion of the agreed fee or commission equal to the proportion (if
any) of the service actually carried out;
and the Company shall be relieved of all responsibility whatsoever for the partial
or total non-performance of the
required service.
21 The Company shall be discharged from all liability to the Client for all
claims for loss, damage or expense unless suit is brought within 12 (twelve)
months after the date of the certificate or report by the Company of the service
which gives rise to the claim or in the event of any alleged non-performance
within 2 (two) months of the date when such service should have been completed.
22 All results and data contained in an e-mail or Fax are valid only when supported
by the original document on the Company's file.
23 These General Conditions are governed by the laws of England and are subject
to the exclusive jurisdiction of the English courts.
Registered Office: Wandale House, 47 Wandle Road, Croydon,
Surrrey CR0 1DF Registration Numer: 02925254