Last updated 25 JUNE 2018.
Contents
1. General
1.1 Unless otherwise specifically agreed in writing by WEINSPECTION CO., LTD. (hereinafter called "WEINSPECTION"), all services provided by WEINSPECTION CO., LTD. are governed by the following general conditions of service, which prevail any purchase terms and conditions.
1.2 WEINSPECTION reserves the right to change these Terms of Services at any time, such changes shall be binding once posted on the website
www.weinspection.com in this section. We therefore recommend you access this section regularly in order to check the most recent and updated version of the Terms of Services. You can check the “effective date” posted at the top to see when the Terms of Services were last updated.
1.3 Services carried out by WEINSPECTION, on behalf of an entity or individual from whom the instructions to act have originated will be carried out by using techniques and processes that permit an independent, impartial and objective approach. The end result of the Service will consist in a certificate or document (hereinafter called the "Report") communicating the collection of information WEINSPECTION has been requested to supply and will be delivered as a written document or an online report.
1.4 No other party than the final client shall be entitled to give instructions to WEINSPECTION, particularly on the scope of inspection or delivery of Report, unless so authorised by the final client.
2. Provision of Services
2.1 WEINSPECTION in the capacity of an independent third party, supplies information in the form of ascertainment or recommendations for the special purpose of contributing to the prevention of the risks to which the beneficiaries of its services are exposed, and of helping them assure the quality of their products. WEINSPECTION's services (hereinafter called "Services") consist of work performed by WEINSPECTION, including but not limited to:
-Sample checking
-During Production Inspection (DPI)
-Pre-Shipment Inspection (PSI)
-Container Loading Supervision (CLS)
-Supplier Evaluation Audit (SEA)
-Product Certification Audit (PCA)
-Management System Audit (MSA)
-Lab testing
-Smart solutions of quality
-Solution for Latin America
3. WEINSPECTION's Obligations and Undertakings
3.1 WEINSPECTION expressly reserves the right to act at its own discretion in accepting or declining a request for Services, and cannot be compelled to accept or be held liable for declining a request for Services or products:
● Falling out of its scope of activity or specialization;
● Presenting geographical accessibility problems, such as Services to be rendered or products to be found in restricted or highly remote areas;
● Requiring WEINSPECTION to obtain special permissions to operate such as governmental permissions.
3.2 WEINSPECTION undertakes to supply the Services it has accepted to carry out in a professional and timely manner, in accordance with proper professional practice and in compliance with:
● The final client’s special instructions when ordering the Services and as confirmed by WEINSPECTION- the terms of reference should be duly signed by the final client and WEINSPECTION, and in the absence of such instructions:
● Any relevant professional standard, trade custom, usage or practice;
● Such methods as WEINSPECTION shall consider appropriate on technical, operational and/or financial grounds.
3.3 WEINSPECTION shall exercise due care and skill in the selection and assignment of its personnel.
4. Final client's Obligations and Undertakings
4.1 To take all reasonable steps to assure WEINSPECTION has access to the site and materials on which Services will be based;
4.2 To provide WEINSPECTION with all information and samples, as well as the documents necessary to complete requested Services, in a timely manner (and in any event not later than 48 hours prior to the desired intervention), except for generally available documents such as codes and standards, either directly or through suppliers or agents of the Final client;
4.3 To insure that adequate instructions and notice are given to WEINSPECTION in due time to facilitate proper performance for the Services requested;
4.4 To advise WEINSPECTION of the date on which the Services are to commence, or to be resumed, and also of essential dates affecting the item(s) for which Services are being rendered;
4.5 Generally to render all reasonable assistance to WEINSPECTION in providing necessary instructions, information, documents, safety and security information in connection with the working conditions, required equipment and access (as the case may be).
4.6 Documents reflecting engagements between the final client and third parties or third parties' documents - if received by WEINSPECTION - are considered to be for information only and do not extend or restrict the scope of the Services or obligations accepted by WEINSPECTION.
5. Invoicing, Fees and Payment
5.1 Payment
Payment is expected upon booking prior to the performance of the Services. Should payment occur after the performance of the Services (or more than 24 hours after booking), an extra 5% charge will be added to the order pricing.
All Inspections, Audits and Testing are billed together in one monthly invoice, issued at the month-end.
WEINSPECTION offers two payment solutions, accepting both online and offline payments:
● Online payments: WEINSPECTION accepts payments via online service providers PayPal. Payments settled via this third party payment processing services are subject to its terms and conditions and payment processing fees.
You may find this terms and conditions on its respective websites at
www.paypal.com
● Offline payments: Invoices can be settled offline by transfer (T/T) for an extra +5% handling fee. Monthly invoices are payable within 7business days upon receipt, each party bearing their own bank charges (including intermediary bank charges if client's bank doesn't process the transfer themselves). Late payment will incur an interest charge at 1.0% per month, or fraction thereof.
5.2 Cancellation charges: we accept cancellation until 4:00pm (China Time) the business day before the projected Inspection date. After this limit, the Services booked will be charged in full. WEINSPECTION advises its clients to then re-charge this cost to their factory when the factory is proven to have made a mistake.
In the case of an Order paid online and cancelled, WEINSPECTION will credit the buyer's Credit Card account with PayPal Refund solution.
For Laboratory Testing orders, cancellation is not possible once the Testing has been launched by the Laboratory.
5.3 In the event that WEINSPECTION is being prevented from performing or completing in full requested Services, for any reason beyond its control, such as but not limited to, wrong information given by Client or Factory (e.g. goods not ready for Inspection despite information given by Factory,...), the client agrees to:
● Reimburse any expenditure, and out of pocket expenses made or incurred in relation to these Services;
● Pay proportion of fees due for Services actually rendered and to release WEINSPECTION from all responsibility for partial or non-performance of the Services.
5.4 In the event when the Inspection 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 inspection cost will be considered spent, and WEINSPECTION will charge full fee to Client as a 'Missing Inspection' fee. WEINSPECTION advises its clients to then re-charge this cost to their factory when the factory is proven to have made a mistake.
5.5 Final client provided inspection sample(s): If an inspection sample is provided by the final client and shipped to an WEINSPECTION office, and then must be re-forwarded by WEINSPECTION to the final client's factory, and the shipping charge exceeds $10 USD, then the shipping fee will be automatically added to the final invoice amount.
5.6 For Inspection and Audit orders: "Man-day" prices communicated by WEINSPECTION are valid for the on-site execution of the service on the scheduled day(s). Additional services to be rendered, either before or after the actual service, such as but not limited to audit desktop reviews, consulting services, training, workshops, etc may not be included in the man-day price and will be quoted separately.
6. Liability and Indemnification
6.1 Limitation of Liability
6.1.1 WEINSPECTION is neither an insurer nor a guarantor and disclaims such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
6.1.2 Subject to the final client's instructions as accepted by WEINSPECTION (as specified in the terms of reference), WEINSPECTION will issue the Report relating to the facts as recorded by it within the limits of the instructions received and on the basis of the documents and information provided by the final client (refer to No.4 above), but WEINSPECTION is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.
6.1.3 WEINSPECTION advice is given only in relation to documents and information provided by the final client, and WEINSPECTION cannot be held liable if it has received incomplete or erroneous information.
6.1.4 In the event of false information being given to WEINSPECTION by a third party, WEINSPECTION accepts no liability.
6.1.5 WEINSPECTION 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 final client.
6.1.6 WEINSPECTION does not repack goods following an inspection; this should be performed by the supplier. Should the client request WEINSPECTION repackage the goods, WEINSPECTION is not liable for any possible damages or losses incurred related to the repacking process.
6.2 Indemnification
6.2.1 In the event of WEINSPECTION being held liable in respect to any claim of loss, damage or expense of whatsoever nature and however arising, its liability to the final client shall in no circumstances exceed five times the total aggregate sum of fees paid for the specific single service for which a claim is made if no approved reference sample was provided by the final client, and ten times if an approved reference sample was provided and available for the inspector at the factory on the day of inspection.
6.2.2 In addition, in case of Services of pre-shipment inspections:
● Where less than 100% of the production is complete, our responsibility will only extend to those items completed at the time of inspection;
● The Report does not constitute evidence of shipment.
6.2.3 The final client shall guarantee and indemnify WEINSPECTION and its servants, agents or subcontractors against all claims made by third parties for loss, damage or expense of nature arising, relating to the performance or non-performance of any Services, to the extent that the total sum of such claims exceed the limitation of liability mentioned in Article# 6.2.1.
6.3 In the event of any claim, notice must be given to WEINSPECTION headquarters (WEINSPECTION CO., LTD. located at Suite 1804, New Poly Tower, No.2 Zhongshan Six Road, YueXiu District, GuangZhou, GuangDong, China Tel.+86-20-83266678) within seven days following discovery of the facts, or three months from the completion of the WEINSPECTION Services.
7. Termination of Services
WEINSPECTION shall be entitled to automatically either terminate and/or suspend provision of Services in the event that:
7.1 The final 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 (10) days of receipt of notice served by the Non-Defaulting Party (WEINSPECTION) requiring it so to do. Material breaches include, without limitation any willful and deliberate breach by the final client of its obligations mentioned herein;
7.2 The final client is insolvent or unable to pay its debts, in suspension of payments, or convenes a meeting of or compounds with its creditors or has a receiving order made against it or (other than for the purposes of bona fide amalgamation or reconstruction) has an order made or a resolution passed for its winding up or for the appointment of an administrator to manage its affairs, business and property or has a receiver or administrative receiver appointed over any of its assets or undertaking or if WEINSPECTION takes or suffers any similar or analogous action in consequence of debt.
8. Intellectual Property
8.1 WEINSPECTION is and will remain the owner of all possible intellectual property rights and database producer rights relating in general to the provision of the Services, in particular with regard to the techniques and processes it uses to gather the information, the way to present the information, certificates or other documents and the raw information collected during the course of the Services. WEINSPECTION will be free to host, store and publish all its intellectual property rights and all information collected and to use it for example to offer new kinds of services or to compile data.
8.2 Clause 8.1. here above is stipulated without prejudice of the confidential nature of the Report(s) provided to the final client and of the rights granted to the final client to use, reproduce and represent the Report(s) in the normal course of its business and for personal use, worldwide and for the full duration of all intellectual property rights.
9. Miscellaneous
9.1 The Report will reflect findings of the Services at the time and place of Services. This Report does not discharge sellers and suppliers from their legal and/or commercial obligations towards the final client.
9.2 WEINSPECTION, and/or its subsidiaries and/or affiliates and the final client undertake not to divulge to any third party confidential information obtained from the other party regarding the execution of WEINSPECTION services.
10. Applicable and Governing Law, Jurisdiction and Settlement of Dispute
10.1 Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Law of People’s Republic of China.
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 GuangZhou City, GuangDong Province, China.
11. Language
These terms and conditions have been drafted in English and Spanish. In case of discrepancy, the English version shall be controlling for all purposes.
