ARTICLE 1: APPLICABILITY
All agreements between Global Cargo Inspections and the Client are subject to these general terms and conditions. Acceptance of these basic terms and conditions is a condition of signing the contract.
Written consent is required for any deviations from these general terms and conditions.
The legality of the remaining sections of these general Terms & Conditions will not be affected in any way by the partial or total invalidation or annulment of any one or more of these provisions. The purpose and scope of the original provision will be taken into consideration as much as possible in the negotiation of new provisions to replace the invalid or annulled provisions.
In the event of a misunderstanding about the meaning of any of these general Terms & Conditions, the parties will adhere to the spirit of the remaining sections of the deal.
ARTICLE 2: QUOTES AND CONTRACTING
In order for a quotation from Global Cargo Inspections to be binding, it must be in written and signed by Global Cargo Inspections.
In all fairness, Global Cargo Inspections cannot be held responsible for any obvious faults or omissions in the offer.
Global Cargo Inspections' general tariff list for the agreed work and services for the relevant year applies if a tariff for an assignment has not been published.
VAT is not included in any price listed in a quotation or tariff.
There is a description of the work to be done by Global Cargo Inspections in the quotation or tariff list. Only with written approval from Global Cargo Inspections can you deviate from the terms of the contract.
When a Client accepts Global Cargo Inspections' quotation in writing, an agreement is formed. The Client agrees to these general Terms and Conditions when they sign the contract.
ARTICLE 3: TERM AND TERMINATION
Unless otherwise mentioned in the agreement, the agreement is binding for an infinite period of time.
After 30 calendar days of notification, the agreement between Global Cargo Inspections and the Client can be terminated in writing by both parties.
By terminating the contract, the Client agrees to pay Global Cargo Inspections' entire price and any losses the company may have suffered as a result of the termination.
If the Client fails to pay the invoices on a regular basis, Global Cargo Inspections has the right to terminate the agreement after a 14-day grace period following the issuance of a written reminder.
ARTICLE 4: EXECUTION OF WORK
Assignment content is defined by the description of work supplied in the quotation or confirmation of assignment, as well as any adjustments and/or supplements agreed upon in consultation.
Global Cargo Inspections is obligated to use its best efforts in the performance of its duties. All required procedures and proper care will be taken by Global Cargo Inspections in order to carry out the task to its fullest potential.
In the quotation from Global Cargo Inspections, the turnaround times indicated are simply estimates and should not be taken as firm dates.
Until the Client has submitted all of the necessary and relevant information and paperwork, the work will not begin.
The Client agrees to grant the Company access to the site as needed to carry out the terms of the contract.
Unless the Client complies with Articles 4.4 and 4.5 of the Agreement, Global Cargo Inspections has the right to discontinue performance until the Client rectifies its default. The Client is responsible for any additional costs incurred as a result of suspension.
After receiving a written default notice from the client and failing to meet its commitments within a reasonable term, with a minimum of 30 days, Global Cargo Inspections is in default.
As stated in Articles 4.4 to 4.5, Global Cargo Inspections shall not be considered in default if the Client fails to meet its responsibilities.
Global Cargo Inspections has the right to use third-party experts if it is necessary to complete the assignment on time. Involving third parties will be handled with care by Global Cargo Inspections.
ARTICLE 5: CHANGES
Only if both parties expressly agree in writing can the agreement be modified.
Any additional costs incurred by Global Cargo Inspections because of client actions that were not anticipated at the time of signing the agreement will be passed on to their client.
Any additional or altered work required as a result of revised standards or statutory regulations will be communicated to the Client.
The Client shall be held responsible for any additional costs paid by Global Cargo Inspections as a result of the adjustments outlined in Articles 5.2 and 5.3.
ARTICLE 6: PAYMENT
Unless otherwise agreed, payment will be made within 15 days after the invoice date. The Client will be in default immediately if he or she fails to meet the payment terms, and no notice of default is necessary.
The Client is in default at the end of the payment term and will owe statutory commercial interest from that point on.
Late fees of US$ 5.00/day can be charged in addition to or in place of statutory commercial interest, starting on the 16th day of default.
Upon the expiration of the payment term, Global Cargo Inspections has the right to use a collection agency. The Client shall be responsible for any collection fees, including those incurred through extrajudicial and judicial means.
The Client's duty to pay Global Cargo Inspections is not suspended if the Client has any objections to the performance of Global Cargo Inspections.
In the event of late payments, Global Cargo Inspections has the right to suspend or terminate the agreement.
ARTICLE 7: LIABILITY
A duty of best efforts applies to Global Cargo Inspections, which means no results can be guaranteed. The work of Global Cargo Inspections is guaranteed to be done with the utmost attention and precision.
Global Cargo Inspections will not be held responsible for any losses incurred by the Client or its representatives due to inaccurate or incomplete information provided by the Client.
In the event of a claim, Global Cargo Inspections is only liable for the Client's actual losses. Global Cargo Inspections disclaims any responsibility for consequential or incidental damages, lost profits, or any other type of indirect loss that may occur as a result of the services we provide.
Global Cargo Inspections is solely responsible for any failure to perform that is the product of the company's willful misconduct or willful neglect. If Global Cargo Inspections is held liable for a loss, its financial responsibility is limited to the maximum amount of the assignment at issue, plus any excess owing by Global Cargo Inspections under the policy's underlying liability limits.
In order to be held responsible for the aforementioned default, Global Cargo Inspections must be notified in writing within 14 days of the occurrence of the default and provided with a thorough and specific description of the default. Any loss that occurs outside of this time frame will not be covered by the insurance policy.
Global Cargo Inspections has the right to contract out work to third parties, but such third parties must hold Global Cargo Inspections harmless from any damage or loss that results as a result of their work.
As outlined below, Global Cargo Inspections disclaims any and all responsibility for losses incurred as a result of events beyond its control.
ARTICLE 8: FORCE MAJEURE
It is possible that Global Cargo Inspections may be unable to carry out its obligations under the agreement due to circumstances beyond its control.
War, mobilization, (terrorist) attacks, fire and other destruction, flooding, blocking of routes, other obstructions to transportation, strikes, government measures, and other hindrances that are not within the control of Global Cargo Inspections are all examples of circumstances that fall under Article 8.1.
It is permissible for either party to terminate the contract without paying compensation if the duration of force majeure exceeds six months.
Any work that Global Cargo Inspections has completed since the start of the force majeure is entitled to a separate invoice.
ARTICLE 9: RETENTION OF TITLE AND INTELLECTUAL PROPERTY
Global Cargo Inspections is the copyright holder of all reports, advice, designs, drawings, and other items provided. It is against the terms of this agreement for the client to violate the copyright of these content.
Global Cargo Inspections has granted the Client the exclusive right to reveal or make available to third parties the copyrighted materials referred to in Article 9.1 only with the prior written authorization of Global Cargo Inspections.
Certification and inspection reports are exempt from the aforementioned restrictions. These can be made public by the Client.
ARTICLE 10: CONFIDENTIALITY
In accordance with the agreement, Global Cargo Inspections and the Client will keep all private information confidential.
Except as required for the fulfilment of the agreement, Global Cargo Inspections is not authorized to use or make available to third parties the company data of the Client.
Third parties involved in the project are also bound by the obligation of confidentiality.
Insofar as the sensitive nature of the material necessitates it, the duty of confidentiality continues even after the agreement has ended.
As stated in Article 9.3, the results are the sole property of the Client.
ARTICLE 11: QUALITY
The quality of Global Cargo Inspections' services is guaranteed to meet all applicable standards.
ARTICLE 12: COMPLAINTS
Complaints may be sent to Global Cargo Inspections within 14 days of the delivery of services, fully stating and substantiating the problems that have been identified.
Global Cargo Inspections will either rectify any problems found during an inspection or issue a credit in the event that a problem cannot be resolved.
Within 14 days of receiving an invoice from Global Cargo Inspections, any objections concerning the invoiced amount should be notified to Global Cargo Inspections in written.
In the event of a complaint, the customer will not be able to stop making payments or discontinue the contract.
ARTICLE 13: TERMINATION
In the following conditions, the agreement can be terminated in entire or in part with immediate effect:
If Global Cargo Inspections ends the agreement, all of the Client's claims against the company will be due immediately. After termination, all outstanding payments and claims will be resolved.
The agreement between Global Cargo Inspections and the customer may be terminated by either party without penalty if the circumstances make it impossible or prohibitively expensive to carry out the terms of the contract.
Client termination losses can be reclaimed by Global Cargo Inspections.
ARTICLE 14: APPLICABLE LAW
According to local law, all quotes from Global Cargo Inspections, as well as all agreements made by Global Cargo Inspections, are governed by.
These general Terms & Conditions will not apply if the written agreement's terms differ from those in the general Terms & Conditions.
ARTICLE 15: RESOLUTION OF DISPUTES
It is unlikely that the subdistrict court has jurisdiction over all disputes that may arise between Global Cargo Inspections and its customers, therefore disputes will be submitted to the Court where the law is applicable.
After both parties have made every reasonable attempt to resolve the problem through mutual dialogue, the case will be filed to the court.
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