1.1 Unless otherwise specifically and expressly agreed in writing by JSD Inspection Services Limited, (hereinafter called "JSD"), all services provided by JSD are governed by the following general conditions of service, which prevail any purchase terms and conditions.
1.2 Services carried out by JSD, 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 JSD has been requested to supply and will be delivered as a fax, a written document or other forms of communication.
1.3 No other party than the client shall be entitled to give instructions to JSD, particularly on the scope of inspection or delivery of report, unless so authorized by the client.
2. Provision of services
JSD 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 risks to which the beneficiaries of its services are exposed, and of helping them ensure quality of the products they are purchasing. JSD's services include but are not limited to the following:
---During Production Inspection
---Container Loading Supervision
---Social Compliance Audit
---Development of Technical Documents
---Product Development and Follow-up
3. JSD's obligations and undertakings
3.1 JSD expressly reserves the right to act in its own discretion in accepting or declining a request for services. JSD may decline such a request if the services:
---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 JSD to obtain special permissions to operate such as governmental permissions.
3.2. JSD undertakes to supply the services it has accepted in a professional and timely manner, in accordance with proper professional practices and in compliance with the clients special instructions when ordering the services and as confirmed by JSD.
4. Client's obligations and undertakings
The client agrees:
4.1 To take all reasonable steps to assure JSD has access to the materials on which service will be based.
4.2 To provide JSD 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 client.
4.3 To insure that adequate instructions and notice are given to JSD in due time to facilitate proper performance for the service requested.
4.4 To advise JSD of the date on which the services are to begin, 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 JSD 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 client and third parties or third parties' documents - if received by JSD - are considered to be for information only and do not extend or restrict the scope of the services or obligations accepted by JSD.
5. Invoicing, fees and payment
5.1Please mark your T/T reference and write your JSD invoice No. in the subject of email. Normal clients need to pay the inspection fee or audit fee at least 3 days before the inspection. For prospective clients with a confirmed usage of 20 inspections per month or more, we may sign an agreement for monthly statement.
5.2 In the case where the client terminates an order for a JSD service within 24 hours of the scheduled date of service commencement will be charged at full price.
5.3 In the event when the inspection must be cancelled on the intended inspection day, because of wrong information given by client or factory (e.g. goods not ready for inspection despite information given by factory,...), the man-day will be considered spent, and JSD will charge full fee as a 'missed inspection' fee, and to release JSD from all liabilities for partial or non-performance of the services.
6. Liability and indemnification
6.1 JSD is neither an insurer nor a guarantor and disclaims such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
6.2 Subject to the client's instructions as accepted by JSD (as specified in the terms of reference), JSD 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 client, but JSD is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment..
6.3 JSD advice is given only in relation to documents and information provided by the client, and JSD cannot be held liable if it has received incomplete or erroneous information.
6.4 JSD 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 client.
6.5 In the event of JSD being held liable in respect of any claim for loss, damage or expense of whatever nature and however arising, its liability to the client shall in no circumstances exceed 10 times (10 times for inspections with approved samples for reference, 5 times for inspections without approved samples for reference) the total aggregate sum of fees paid for the specific services for which a claim is made. In addition, in case of the service 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 evidence shipment.
6.6 In the event of any claim, notice must be notified to our office by email (firstname.lastname@example.org) within seven days following discovery of the facts, or within three months from the completion of the JSD service.
7. Termination of services
JSD shall be entitled to automatically either terminate and/or suspend provision of services in the event that:
7.1 The client has material breach of its obligations under these terms and conditions and/or other terms of services agreed by JSD and the client.
7.2 The client is insolvent or unable to pay its debts, or has a receiving order against it, or 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.
8.1 The report will reflect findings of the service at the time and place of service. This report does not discharge sellers and/or suppliers from their legal and/or commercial obligations towards the client.
9. Applicable and Governing law, Jurisdiction and settlement of dispute
9.1 Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Chinese Law.
9.2 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 Dongguan in Guangdong, China.