Unless otherwise specifically agreed in writing, Link Inspection (Europe) B.V. (hereinafter called “the Company”) undertakes services in accordance with these General Terms & Conditions of Service (hereinafter called “Terms & Conditions”) and accordingly all offers or tenders of service are made subject to the same. Our trading conditions to be accepted prior to commencement of our work. All resulting contracts, agreements or other arrangements will in all respects be governed by these Terms & Conditions, except only to the extent that the law of the place where such arrangements or contracts are made or carried out shall preclude any of the Terms & Conditions and in such case the said local law shall prevail wherever, but only to the extent that, it is a variance with these Terms & Conditions.
The Company is a business enterprise engaged in the trade of inspection, surveys, controls, sampling and testing. As such it carries out inspections, verifications, examinations, tests, samplings, measurements, Marine Surveys and similar operators (referring to article 6); renders advisory and special services as may be agreed by the company (referring to article 7); issues reports and certificates (referring to article 8) relating to the aforesaid operations renders advisory services in connection with such matters.
The Company acts for the persons or bodies from whom the instructions to act have originated (hereinafter called "the Principal"). No other party is entitled to give instructions, particularly on the scope of inspection or delivery of report or certificate, unless so authorized by the Principal. The Company will however be deemed irrevocably authorized to deliver at its discretion the report or the certificate to a third party if following instructions by the Principal a promise in this sense had been given to this third party or such a promise implicitly follows from circumstances, trade, custom, usage or practice.
The Company will provide services in accordance with; the specific instructions given by the Principal as confirmed by the Company; terms of the Company's Standard Order Form and/or Standard Specification Sheet if used; any relevant trade, custom, usage or practice such methods as the Company shall consider suitable on technical and/or financial ground.
Information and documentation;
The Principal must provide sufficient information, instruction, specification regarding all their enquiries and orders to be given services by the Company. The Company cannot be held responsible for any incorrect or misleading information supplied or obtained. Documents reflecting engagements contracted between the Principal and third parties, such as copies of contracts of sale, letters of credit, bills of lading, etc. are (if received by the Company) considered to be for information only, without extending or restricting the Company's mission and obligations.
The Company's standard services may include all or any of the following;
6.1. Damage Surveys, Pre-Shipment, loading or discharging inspections;
6.2. Quantitative and/or qualitative inspection;
6.3. Inspection of condition of goods, equipment, containers, vessels, packing, containers and transportation;
6.5. Witnessing laboratory analysis or other testing.
6.6. Supervising Weighing Operations
6.7. Marine Surveys, Risk Analyses
Special services where the same exceed the scope of standard services as referred to in Article 6 will only be undertaken by the Company by particular arrangement. Such special services are illustratively not exhaustively.
Reports and Certificates:
Subject to the Principal's instructions as accepted by the Company will issue reports and certificates of inspection which reflect statements of opinions made with due care within the limitation of instructions received but the Company is under no obligation to refer to or report upon any facts or circumstances which are outside the specific instructions received. The issued report is evidence of the performed inspection and reflects the findings at time and place of inspection only and results are valid for the place and date of survey. The issuance of the certificate does not exonerate buyers or sellers from exercising all their liabilities under the contract of sale, stipulations to the contrary are not binding on the company.
The company shall be entitled at its discretion to delegate the performance of the whole or any part of the services contracted for with the Principal to any agent or subcontractor. The provided services are carried out to the best of the Company’s ability at the present conditions, however without any responsibility.
Once the Company took samples for the inspections, the company will retain samples or portions of samples on behalf of Principal for a period of 3 (three) months from receipt of samples unless Principal instructs the company in writing to retain for a longer period of time. If the Principal requests that reserve samples be forwarded by the company, all the cost of forwarding will be for Principal’s account. The company will not be responsible for samples lost in transit by courier services, Postal services and the like whether going to or from the Company’s offices.
10.1 If the requirements of the Principal necessitate the analysis of samples by the Client's or by any third party's laboratory the Company will pass on the result of the analysis (if it would be obtained) but without responsibility for its accuracy. Likewise where the Company is only able to witness an analysis by the Client's or by any third party's laboratory the Company will provide confirmation that the correct sample has been analyzed but will not otherwise be responsible for the accuracy of any analysis or results.
10.2. If the sample or the service is or is potentially the subject of legal proceedings this fact must be notified to the Company in writing before the work is carried out. If that fact is not disclosed to the Company at that stage the Company shall not necessarily be obliged or prepared to provide expert testimony.
The Company provides confidentiality referring all documents and any kind of informations obtained in relations of the orders given by the customer. Unless the information is asked to be declared by the accrediting agency, T.R. Laws, government order, court decision, regulations, rules or an authorized court, documents and information are shown to the third party only with the confirmation, allowing such sharing, of the customer or a person authorized by the customer.
The customer has the right to resort to the Complaints and Objections Board for any kind of unsolved matters related to the services. For this purpose, there exists the Complaint and Objection Procedure of the company.