Terms And Conditions
1. Introduction
Qualityclik Inspection India Private Limited (hereinafter referred to as “the Company”) agrees to provide its services subject to the terms and conditions contained herein (here in after referred to as “The Conditions”). These Conditions set forth the entire terms of the business relationship and services between the Company and the Principal (as defined below). They shall apply to all Statements of Work, Purchase Orders, and other contractual documents unless otherwise specifically agreed in writing by an authorized representative of the Company. These Conditions shall prevail over any terms provided by the Principal unless expressly agreed otherwise by the Company.
2. Definitions
- Principal: The person or entity that requests services from the Company.
- Services: Any inspection, verification, testing, certification, or related activities performed by the Company as agreed with the Principal.
- Reports: Any documentation, including test reports, surveys, certificates of inspection, or other materials produced by the Company in connection with the services.
3. Scope of Services
The Company shall perform its services in accordance with the specific instructions of the Principal, provided such instructions are accepted by the Company. The Company reserves the right to determine the most appropriate methods, standards, and practices to fulfill the services, including the use of any subcontractors or agents at its discretion.
4. Ownership and Confidentiality
4.1 Intellectual Property : All intellectual property rights, including but not limited to copyright, in any reports or materials produced by the Company, shall remain vested in the Company. The Principal shall not reproduce, publish, or disclose such materials to third parties without the prior written consent of the Company.
4.2 Confidentiality: The Principal and its agents shall keep confidential and not disclose or use any information relating to the Company’s activities or services, except as required by law or with the Company’s prior written consent.
5. Liability
5.1 Care and Skill: The Company undertakes to exercise reasonable care and skill in the
performance of its services and accepts liability only where such care and skill have not been
exercised.
5.2 Limitation of Liability: The Company’s liability for any claims arising from the services
provided, whether due to breach of contract, negligence, or otherwise, shall not exceed ten
(10) times the fee paid for the specific service giving rise to the claim. The Company shall not
be liable for any indirect or consequential losses, including but not limited to loss of profit,
business, or contracts.
5.3 Force Majeure : The Company shall not be liable for any delay or failure in performing its
services due to circumstances beyond its control, including but not limited to natural
disasters, war, strikes, governmental restrictions, or equipment failure.
6 .Reports and Certificates
6.1 Nature of Reports: The reports and certificates issued by the Company are based on the findings at the time and place of the Company’s intervention and do not guarantee the quality or quantity of the goods inspected beyond the specific samples tested.
6.2 Use of Reports: The reports and certificates are issued for the sole use of the Principal and
shall not be disclosed or used by third parties without the Company’s prior written consent.
7. Delegation of Services
The Company reserves the right to delegate the performance of any part of the services to agents, subcontractors, or affiliates without the prior consent of the Principal.
8. Obligations of the Principal
The Principal shall:
8.2Ensure the safety and security of the Company’s personnel and equipment during the performance of services.
8.3Reimburse the Company for any additional costs incurred due to delays, interruptions, or changes in the scope of services caused by the Principal.
9. Payment Terms
9.1 Invoices: The Principal shall pay all invoices issued by the Company immediately upon presentation or within the period specified in the invoice. Interest shall accrue on any overdue amounts at a rate of 1.5% per month from the date of the invoice until payment is made in full.
9.2 Suspension of Services: The Company reserves the right to suspend the performance of services and withhold the issuance of reports or certificates if the Principal fails to make timely payment of any sums due.
10. Lien and Retention Rights
The Company shall have a general and particular lien over any goods or samples provided by the Principal for any unpaid sums due to the Company. The Company may retain such goods until all outstanding amounts, including storage charges, are paid in full.
11. Termination and Cancellation
11.1 Termination for Cause: The Company may terminate any contract with the Principal with immediate effect if the Principal fails to comply with these Conditions or becomes insolvent.
11.2 Cancellation by the Principal: If the Principal cancels or suspends the services, the Principal shall pay the Company for all work performed up to the date of cancellation and any additional costs incurred due to such cancellation.
12. Governing Law and Dispute Resolution
12.1 Governing Law : These Conditions and any contract between the Company and the Principal shall be governed by and construed in accordance with the laws of the Republic of India.
12.2 Arbitration: Any dispute arising out of or relating to these Conditions or the services provided by the Company shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall take place in Mumbai, India, and shall be conducted in English. The decision of the arbitrator shall be final and binding on the parties.
13.Miscellaneous
13.1 Severability: If any provision of these Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
13.2 Entire Agreement: These Conditions constitute the entire agreement between the Company and the Principal concerning the services provided and supersede any prior agreements or understandings.
14. Notices
Any notices required or permitted to be given under these Conditions shall be in writing and delivered by hand, email, or registered post to the address of the other party as set out in the relevant contract or as otherwise notified in writing.
Qualityclik Inspection India Private Limited
CIN No.: U71200MH2024PTC418382
Website :Quality Clik