Terms and Conditions
1. The applicant (hereinafter referred to as “Client”) applies to IMS Marine Surveyors Ltd, IMS Marine Surveyors & Analytical Laboratories Ltd and IMS Resources Ltd (hereinafter referred to as “IMS”) for the relevant services voluntarily. IMS will allocate the assignment to the relevant Corporation as per Certifications and type of work required.
2.1 Test Reports and/or Inspection Certificates are issued by IMS with reasonable care and appropriate skill on the basis of samples and relevant documents provided by Client and in accordance with Client’s specific instructions. Reports or Certificates will reflect the facts as recorded by IMS at the time and location of the inspection. If for the same commodity, different inspection results issued by IMS or other inspection companies at different time and places using different inspection methods, technology or instruments shall in no circumstances constitute any legal excuse for lodging the claim against IMS.
2.2 In case Client requests IMS to perform the services using specific testing methods or technology, it shall inform IMS expressly. After IMS performs test, inspection or surveying and issues Test Reports and/or Inspection Certificates using inspection methods or technology confirmed by Client, Client shall not lodge claim in accordance with different results obtained by using different testing methods and/or technology.
2.3 The issuing of Test Reports and Inspection Certificates by IMS does not release Client from any rights and obligations stipulated in the relevant contract. IMS is not subject to the binding of the opposite stipulation.
2.4 Test Reports and/or Inspection Certificates issued by IMS according to samples provided by Client do not express any opinion of IMS upon the lot from which the samples were drawn. Client shall otherwise inform IMS in advance expressly for the arrangement of sampling for the whole lot if necessary.
2.5 For recyclable materials, IMS’s certificate reflects only environmental items according to requirements of competent governmental authorities. IMS’s certificate does not reflect Quality/ Quantity if not specifically stated.
2.6 Should Client request that IMS witnesses any third party intervention; Client agrees that IMS's sole responsibility is to be present at the time of the third party's intervention and to forward the results, or confirm the occurrence of the intervention. Client agrees that IMS is not responsible for the calibration or accuracy of instruments and measuring devices used, the analysis methods applied or the qualifications of third party personnel or the analysis results.
3.1 IMS is liable only for inspection results that are seriously inconsistent with the facts. The liability of IMS for such reason shall in no circumstances exceed a total aggregate sum equal to 5 times the amount of the fee or commission paid for that particular service. IMS shall have no liability for any indirect or consequential loss including loss of expected profits in the contract with the third party, loss of future business and clients or loss of production and non-fulfilling of contract. When several parts of payment of inspection fee or commission are involved, the fees or commission are to be calculated separately in compensating Client for those inspection results seriously inconsistent with the facts, i.e. only one or several items of inspection fees (not all the fees or commission due or paid to IMS) covering serious mistakes shall be calculated as the basis of compensation.
3.2 In the event of any claim due to serious miss-issuing of Test Reports and/or Inspection Certificates of IMS, Client must lodge the claim against IMS within 3 months from the date of contract -signing with IMS. The ways of claim may include requesting for compensation directly at IMS, suing at the court or applying for arbitration in Vancouver, BC, Canada. IMS shall be discharged from all liability for claims lodged outside of the stipulated period.
3.3 IMS performs the inspection, issues the Test Reports and/or Inspection Certificates at the mutually agreed date, exclusive of the cases in which the conditions outside IMS control prevent it to do so.
4.1 Should Company receive documents reflecting engagements contracted between Client and third parties or third party documents, such as copies of sale contracts, letters of credit, bills of lading, etc., they are considered to be for information only, and do not extend or restrict the scope of the services or the obligations accepted by IMS.
4.2 The Client will ensure that sufficient information, instructions and documents are given in due time to enable the required services to be performed. IMS shall not be regarded as being in breach of contract and will be released from all liability due to delayed submitting of sufficient information by Client, thus resulting in the delayed testing, inspection, surveying or issuing of Test Reports and/or Inspection Certificates.
4.3 IMS is not liable for any consequences resulting from wrong, omitted or false documents and/or information provided by Client.
4.4 Client shall provide IMS with the name and valid telephone/fax numbers, address and e-mail of the contact Persons to ensure IMS staff could receive fax, e-mail or letters from Client correctly and vice versa. Client shall inform IMS of any changing of this information. Otherwise, IMS is not responsible for any delayed delivery.
5.1 All samples provided by Client shall be retained by IMS for 60 days from the date of issuing of Test Reports and/or Inspection Certificates except otherwise agreed in written text or by industry standard. IMS may, at its discretion, dispose of those samples retained more than 60 days or mutually agreed period. IMS may return samples to Client at its prior request with all the expense borne by Client. Storage of samples for more than 2 weeks out of the agreed period shall incur a storage charge payable by Client.
5.2 IMS only provides the place for retaining samples and is not liable for the damage, reduction or loss of samples.
5.3 Client shall inform IMS expressly of the characteristics, methods and duration of storage and any known hazards or dangers etc. In case highly noxious or dangerous samples are involved, IMS is to be pre-notified and consulted in order to provide the appropriate safe place for storage.
5.4 Shall law-enforcement departments seal up, detain, take away samples or take other lawful measures to samples, IMS will no longer be liable for keeping samples and Client shall not be entitled to claim for any compensation therefrom.
6.1 Client will pay the agreed amount of fees in time. In case the clause is unclear, Client shall pay relevant fees within 30 days upon IMS’s issuing Payment Notice. Should Client have dissent on Payment Notice, it must inform IMS within 10 days upon receiving Payment Notice. Otherwise, the amount is to be regarded as accepted by Client. In case of failing to pay fees in time, a penalty for breach of contract to Client will incur at a rate of 2% per started month from the Due Date up to the date payment is actually received.
6.2 Client shall not be entitled to retain or defer payment of any sums due to IMS on account of any financially dispute, or delay to compensate for IMS services.
6.3 During the course of testing, inspection, surveying or other services, IMS shall be entitled to immediately and without liability either suspend or terminate provision of the services in the event of any suspension of payment, insolvency, cessation of business or bankruptcy by Client. If IMS is unable to perform all or part of the services for such cause, IMS shall take no responsibility for violation of contract and nevertheless be entitled to payment of all fees and expenses equal to the proportion of the services actually carried out.
6.4 Client shall pay all fees and expenses actually incurred to IMS for the suspension of service due to its own operation.
6.5 In the event any unforeseen problems or expenses arise in the course of carrying out the services, IMS shall endeavour to inform Client and shall be entitled to charge additional fees to cover extra time and cost necessarily incurred to complete the services except if Client notifies IMS in writing to suspend or terminate the service.
7.1 Any affiliate companies, representative offices or testing, inspection companies having Cooperation Agreement with IMS may perform the whole or part of the service contract on IMS’s behalf.
7.2 Every staff, representative office or IMS affiliate performs his/its civil activities within the scope of IMS’s authorization and takes the relevant limited liabilities therefrom.
8.1 Client will take all necessary steps to eliminate any obstacles to the performance of the services. Client will ensure that all necessary measures are taken with reasonable care for safety and security of working sites and conditions during the performance of services and will not rely, in this respect, on IMS's advice whether required or not. In case of failing to do so, IMS and its staff are entitled to refuse to work at the said sites. The Client shall be liable for the compensation of any damage or losses of IMS in case of insufficient safety protection.
8.2 Client will inform IMS in writing in advance of any known hazards or dangers, actual or potential, associated with any lot of goods or samples or testing/inspection including, for example, presence or risk of radiation, toxic or noxious elements or materials, environmental pollution or poisons. Client will take all the responsibility for personnel damage or loss of property of IMS due to non-performance of such notice.
9.1 The application sheet for services will be invalid without the signature of its agents or the seal of the legal entity.
9.2 Client guarantees the authenticity and correctness of the contents on the application sheet for the services and takes all the responsibilities for any wrong inspection results or other losses resulting from the false, wrong and/or insuficient information.
9.3 Once written application sheet for services is signed, it becomes a binding contract to both parties. The contents of all the documents should not be altered, modified or abandoned without mutual written consent.
10. Should Client request the samples provided by it (having been tested at IMS’s laboratory) to be tested at any third party laboratory, IMS shall not be responsible for the results of such third party. Upon request, IMS could only issue certificate indicating the origin of samples and the fact of sending the samples to the third party laboratory.
11. IMS is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should otherwise obtain appropriate insurance.
12. In no circumstances shall the Client and/or its servants alter, remake or harm the contents and appearance of IMS’s reports or certificates. IMS reserves the copyright of the whole or part of Test Reports and/or Inspection Certificates. Client shall not use them for commercial purposes, such as business promotion without the consent of IMS.
13. IMS takes no responsibility in case Client, in violation of the relevant regulations of Canada / USA or abroad, purposely imports/exports or undertakes business of restricted or banned goods.