Terms and Conditions of Business - Qtech Control Limited
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 Client.
Third Party Site.
A Third Party Site constitutes a site or premises where the Client has requested Services to be undertaken but which the Client does not own.
The Company will provide services in accordance with the Client's specific instructions as confirmed by the Company.
The Company provides its services in accordance with the Client’s explicit instructions as accepted by the Company, with sufficient information, specifications and instructions which the Client 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 the Client, no other party is entitled to give instructions, particularly on the scope of the services or the delivery of reports or certificates resulting therefrom. The Client hereby irrevocably authorises the Company to deliver Reports of Findings and or Inspection Report / Certificate and to a third party where so instructed by the Client 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 the Client authorises Company to disclose all information necessary for such performance to the agent or subcontractor.
Commencement and Duration.
Subject to the provisions of this Contract, the performance of the Services shall commence and terminate as agreed in writing by the parties. Time for the performance of the Services shall not be of the essence.
Services at the Client’s or Third Party Site and Off-shore.
Where the Services comprise physical works at the Client’s site / premises, or at a Third Party Site which the Company or agent or subcontractor are requested to attend on behalf of the Client, the Client shall at its own cost be responsible for the preparation of the site and for the provision of unobstructed access and continued access throughout to enable the Services to be performed; and shall procure the availability of all necessary site facilities and other assistance to enable the Services to be performed.
Before the Company or their agent / subcontractor starts work, the Client shall inform the Company about relevant safety issues and shall take all necessary safety-related measures to ensure a safe work environment; the Client shall comply with all legal and other safety regulations.
The Client will be deemed to retain at all times legal and operational control of the premises in all respects and the Company’s agent or subcontractor will be present in an advisory capacity only. In the event the Services requires the presence of an agent or subcontractor of the Company on board of any mobile offshore work or drilling unit or other vessel owned, chartered or operated by (or at any premises of) the Client, the Client or any of their contractors, the Client will be deemed to retain at all times legal and operational control of the Unit.
All business conducted between the Company and the Client is conducted on a confidential basis.
All information and supporting inspection / auditing documentation will be held securely, in confidence and will only be used for the purpose of performing the said inspection / audit / survey.
All technical information, drawings, specifications and financial information / Invoices and other data furnished directly and / or indirectly in writing, or verbally to Qtech Control / their inspector / auditor will be strictly handled confidentially and will not be passed to any other party without the express consent of the Client.
All information, computer software and / or hardware, reports and/or surveys, complied during the inspection / audit are, and will stay, intellectual property of our Client.
We reserve the right to subcontract the provision of services to our chosen third party subcontractors and affiliates and in such situations, our liability is limited to ensuring that we use due care and skill in the selection of the sub-contractor or affiliate company to provide the services.
Third party subcontractors and affiliates appointed by Qtech Control agree not to directly or indirectly solicit, or accept, business from any client of Qtech Control, and understand that doing so would result in possible none payment of outstanding monies due; termination of all business with Qtech Control and possible legal action being taken for loss of business.
Third party subcontractors and affiliates appointed by Qtech Control understand and accept that it is their responsibility to ensure that you have adequate liability insurance in place when attending inspection / survey or audit at third party inspection sites / ports and factories.
Third party subcontractors and affiliates appointed by Qtech Control also understand and accept that it is their responsibility to pay local taxes which may be applicable in the country where the work takes place.
Any samples drawn on behalf of the Client 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 the Client 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 the Client. The Client will be billed a handling and freight fee if samples are returned. Special disposal charges will be billed to the Client if incurred by the company.
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 Client 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.
Issuance of Certificates and Reports by the Company does not exonerate the Client from their contractual obligations with their customer.
The Company is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
In the event of any claim, the Client must give written notice to the Company at Qtech Control Limited, 54 Parkstone Road, Poole, Dorset, BH15 2PG, UK, within 30 days of discovery of the facts alleged to justify such a claim and, in any case, the Company shall be discharged from all liability for all claims for loss, damage or expense unless a 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 Client, 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.
DATA PROTECTION - GDPR.
To ensure compliance to the GDPR legislation of 25 May 2018, we have reviewed and revised our IT Policy and created a new GDPR Policy to ensure that we have in place all the necessary technical, administrative and physical safeguards for the secure storage, processing and deletion as necessary of personal data.
The policies include detailed processes and procedures concerning the secure storage, back-up, processing, forwarding, retention period and deletion of data necessarily held for the recruitment of temporary personnel for inspection / expediting / surveying / auditing assignments.
Personal information provided by you is retained as long as the purpose for which the data was collected continues. It is then archived or destroyed unless its retention is required to satisfy audit, legal, regulatory or accounting requirements or to protect Qtech Control’s interests.
Qtech Control will not sell, trade or rent personal data.
Neither Party shall be liable for any failure or breach under this Contract if such failure or breach has been caused by reason of Force Majeure which shall mean circumstances beyond the reasonable control of that Party so affected including (but not limited to) illness, death or resignation of personnel, acts of government, acts of God, war, terrorist activity or industrial action. The affected Party shall take all reasonable steps necessary to mitigate the effect of Force Majeure. In the event that an event of Force Majeure continues for a continuous period of 60 days or more, either Party shall be entitled to terminate the Contract by written notice to the other.