This Guideline is intended to outline the working procedures and professional standards normally applied by the Company when providing services. This document is provided for general information only.
2.1 The Company:
The Company is a legally constituted business enterprise engaged in the trade of inspection services and capable to perform inspections in one or more categories of commodities and products.
2.2 Principal:
The Principal is a person or body who contractually requests an inspection from the Company. The Principal gives instructions to the Company regarding the nature and scope of the inspection. No other party may normally give instructions regarding either the inspection or delivery of a report or certificate unless so authorised by the Principal.
2.3 Inspection:
Inspection is the process whereby the Company, using its knowledge and expertise, examines or observes commodities, products, services, procedures, or operations for the purpose of providing information to the Principal and/or the Principal's designees.
2.4 Categories of commodities or products:
The different nature of the goods to be inspected necessitates that the inspectors be familiar with the inspection methods and relevant product characteristics inherent to the goods being inspected. The Company may be active in the inspection of a single category or multiple categories of commodities or products. The Company shall create within their organisations expertise in inspection in each field in which they are active.
The relationship between the Company and its Principal is purely contractual. All inspections are carried out pursuant to agreement with the Principal. All Reports and Certificates are for the benefit of the Principal only unless otherwise expressly agreed by the Principal and the Company. Delivery by the Principal of any Report or Certificate to a third party does not create a contractual relationship or duty of any kind between the Company and the third party. The Principal shall give whenever feasible written instructions to the Company as to the type of service to be performed, relevant details of the particular assignment and the procedure, methods or standards the Principal wishes to see applied to the inspection.
3.1 Type of service:
The standard services which the Company typically will agree to provide are:-
Other services may be specially agreed between the Company and the Principal. The Company are providers of inspection, testing and certification services. They are not insurers or guarantors of either the quantity or quality of goods or the contractual performance of any party. All persons including Principals desiring such insurance or guarantees should arrange and pay for such insurance or guarantees separately.
3.2 Assignment and inspection instructions:
The instructions for each inspection assignment should include sufficient details to enable the Company to perform the inspections such as commodity or product descriptions, quantity, quality specifications, time and place of inspections, vessel or other means of transportation, packing, stowage, contract partners, documentary details (eg letter of credit numbers, bill of lading numbers, etc.), contact persons (eg vessel agents, supplier contacts, receiver contacts). It is also recommended that the Principal inform the Company as to whether he is buyer, seller, receiver, shipper, supplier, etc and also to whom copies of reports should be distributed in addition to the Principal.
3.3 Methods, Procedures and Standards:
The methods, procedures, and standards to be applied during an inspection shall be those agreed upon between the Principal and the Company, provided such instructions are considered appropriate on technical and financial grounds by the Company at the time and place of performance. In the event that no method, procedure or standard is specified, the Company shall be free to perform the inspection according to relevant international or trade standards, if any, otherwise inspection shall be performed according to such customs, usages or practices of the trade as the Company deems relevant at the time and the place of inspection. When methods, procedures and standards of another body are incorporated by reference into the inspection contract, the methods, procedures and standards used shall be those in force at the time of the instruction, unless otherwise agreed between the Company and the Principal.
3.4 Duties of Principal:
The Principal will ensure that the instructions are given in due time to enable the required services to be performed effectively and will procure all necessary access for the Company's representatives to the goods, premises, installations and transport. The Principal will supply, if required, any special instrument necessary for the performance of the required services. The Principal will ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of the services. The Principal will take all necessary steps to eliminate or remedy any obstruction to or interruptions in the performance of the required services.
3.5 Fitness for a particular purpose/merchantability:
No statement contained in any certificate, report or document issued by the Company shall relieve parties to a contract from any obligations to provide goods fit for a particular purpose or of merchantable quality. In the absence of any specific broader undertaking by the Company any statement by the Company relating to an analysis or test result shall refer only to the specific sample analysed or tested. Likewise any statement with regard to the quality of goods or commodities inspected shall refer to the visible condition only of the goods or commodities inspected.
The Company warrants that its work will be performed with due care and skill. The Company makes no other or further warranties, express or implied, and may limit their exposure to damages by express conditions that are reasonable.