These GTC apply to all services provided by International Marine & Cargo Surveyors Co., Ltd. to its clients. By submitting samples, issuing purchase orders, requesting services, or accepting any certificate, report, or other deliverable issued by the Company, the Client agrees to be bound by these GTC.
1. GENERAL
These General Terms and Conditions of Service ("GTC") apply to all services provided by International Marine & Cargo Surveyors Co., Ltd. (the "Company") to its client (the "Client").
By submitting samples, issuing purchase orders, requesting services, or accepting any certificate, report, or other deliverable issued by the Company, the Client agrees to be bound by these GTC. The services shall be performed in accordance with the agreed scope of services, instructions, specifications and applicable standards, as agreed between the Company and the Client.
2. PERFORMANCE OF SERVICES
The Company shall perform its services with reasonable care, skill and diligence and in accordance with applicable professional standards and the agreed scope of services.
The Client shall provide all necessary information, samples, documents, access and assistance required for the Company to perform the services.
3. DELIVERABLES AND TEST RESULTS
Any test results, findings, reports or certificates issued by the Company reflect the Company's findings based solely on the specific sample(s), goods or circumstances examined at the time and place of the Company's intervention and within the agreed scope of services.
In the case of laboratory testing or analysis, the results relate only to the sample(s) tested and shall not be construed as representative of the entire batch, lot or consignment from which the sample(s) were taken.
The Company shall have no obligation to provide any opinion, finding or conclusion concerning matters falling outside the agreed scope of services or the specific instructions received from the Client.
The issuance of any certificate, report or test result shall not constitute a guarantee or warranty by the Company regarding the quality, suitability, merchantability or fitness for a particular purpose of the goods.
No certificate, report or other deliverable issued by the Company may be reproduced, altered, modified or misrepresented without the Company's prior written approval.
4. FEES AND PAYMENT
The Client shall pay all fees and expenses invoiced by the Company within the agreed payment terms.
Any applicable taxes, duties or other charges relating to the services shall be borne by the Client unless otherwise agreed in writing.
Late payments may be subject to interest at the statutory rate until fully settled.
5. INTELLECTUAL PROPERTY AND USE OF COMPANY NAME
All intellectual property rights relating to the Company's service methods, procedures, reports and other proprietary materials shall remain the property of the Company.
The Client shall not use the Company's name, logo, trademark or any certificate or report issued by the Company for promotional or commercial purposes without the Company's prior written authorization.
6. DISCLAIMERS
The Company does not act as an insurer or guarantor of the goods and shall not be deemed to warrant or guarantee the quality, condition, quantity or fitness of the goods beyond the specific scope of services performed.
The Company shall not be responsible for any loss or incorrect result arising from inaccurate, incomplete, misleading or false information, samples or documents provided by the Client or any third party.
Unless expressly included in the agreed scope of services, the Company's services do not constitute verification or certification of the origin, ownership, title, authenticity or other matters relating to the goods.
7. LIMITATION OF LIABILITY
The Company shall not be liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profit, business, production or opportunity.
To the extent permitted by applicable law, the Company's aggregate liability arising out of or in connection with any service shall be limited to the amount of the fees paid for the specific service giving rise to the claim.
8. TIME LIMIT FOR CLAIMS
Any claim against the Company must be submitted in writing within thirty (30) days from the certificate issuance date, failing which the Client waives all rights to claim.
9. CIRCUMSTANCES BEYOND THE COMPANY'S CONTROL
The Company shall not be liable for any delay, failure or inability to perform the services to the extent caused by circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, government actions, port or transportation disruptions, or other force majeure events.
10. CONFIDENTIALITY AND DATA PROTECTION
The Company and the Client shall maintain the confidentiality of confidential information and test data exchanged in connection with the services, except where disclosure is required by law or by a competent authority.
Personal data shall be processed in accordance with applicable data protection legislation. For full details regarding our data processing practices, please visit our Privacy Policy at www.imcsurveyors.com/privacy-policy .
11. GOVERNING LAW AND JURISDICTION
These GTC shall be governed by and construed in accordance with the laws of Thailand.
Any dispute arising out of or in connection with these GTC or the services provided by the Company shall be subject to the jurisdiction of the competent courts of Thailand.