Terms and Conditions at Humber Inspection International Ltd.
HUMBER INSPECTION SERVICES LIMITED AND/OR HUMBER INSPECTION INTERNATIONAL LIMITED
(hereinafter referred to as "The Company")
GENERAL TERMS AND CONDITIONS (as of August 2012)
Unless otherwise specifically agreed in writing the Company undertakes services in accordance with these general terms and conditions (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. These General Conditions shall be governed by English law, except in special contract circumstances which have been agreed to in writing.
The Company is an enterprise engaged in the trade of inspection and testing. As such, it carries out such standard services as are referred to below and renders consultancy and special services as may be agreed by the Company and issues reports and/or certificates.
The Company acts for individuals or entities which give it a mandate, hereinafter referred to as the Principal.
The Company will provide services in accordance with:
The Principal's specific instructions as confirmed by the Company.
The Company provides its services in accordance with the Principal’s explicit instructions as accepted by the Company, with sufficient information, specifications and instructions which the Principal must provide to enable the Company to evaluate and/or to carry out the services required. The services provided by the Company can consist of one or more concomitant or successive services.
Unless the Company receives prior written instructions to the contrary from Principal, no other party is entitled to give instructions, particularly on the scope of the services or the delivery of reports or certificates resulting therefrom. Principal hereby irrevocably authorises the Company to deliver Reports of Findings and or Inspection Report / Certificate and to a third party where so instructed by Principal or, at its discretion, where it implicitly follows from circumstances, trade custom, usage or practice.
Reports of Findings and or Inspection Report / Certificate issued by the Company will reflect the facts as recorded by it at the time of its intervention only and within the limits of the instructions received or, in the absence of such instructions, within the limits of the alternative parameters applied as provided.
The Company may delegate the performance of all or part of the services to an agent or subcontractor and Principal authorises Company to disclose all information necessary for such performance to the agent or subcontractor.
All business conducted between the Company and the Principal is conducted on a confidential basis.
The Company agree not to disclose information and / or reports or certificates to any third party without the written consent of the Principal.
All samples shall be retained for a maximum of 6 months or such other shorter time period as the nature of the sample permits and then returned to Principal or otherwise disposed of at the Company’s discretion after which time the Company shall cease to have any responsibility for such samples. Storage of samples for more than 6 months shall incur a storage charge payable by Principal. Principal will be billed a handling and freight fee if samples are returned. Special disposal charges will be billed to Principal if incurred.
Fees and Payment
All business, unless otherwise stated and agreed, is performed under strict payment terms of 30 days from date of invoice. In the event of a dispute concerning either services or invoice data, the Principal must inform the Company of the dispute details in writing within 30 days from the date of invoice.
The Company’s liability for any claim for loss, damage or expenses of whatever kind or origin they may be, is limited to an amount equivalent to ten (10) times the amount of the fees paid for the service it is engaged to perform.
The Company is neither an insurer nor a guarantor and disclaims all liability in such capacity. Principals seeking a guarantee against loss or damage should obtain appropriate insurance.
In the event of any claim, Principal must give written notice to the Company at Humber Inspection, Prince Henry Drive, Queens Road, Immingham, DN40 1QY UK, within 30 days of discovery of the facts alleged to justify such claim and, in any case, the Company shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from:
(a) The date of performance by the Company of the service which gives rise to the claim; or
(b) The date when the service should have been completed in the event of any alleged non-performance.
The Company and the Principal, agree to attend a meeting in order to amicably resolve potential claims prior to seeking arbitration or proceedings.
Any dispute or claim arising out of or in connection with these General Conditions or their subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these General Conditions or its subject matter.