CSI Control Services International : Contactez CSI
1. Unless otherwise specially agreed in writing CSI CONTROL SERVICES INTERNATIONAL (hereinafter called "the Company") undertakes services in accordance with these General Terms and Conditions and accordingly all offers or tenders of services are made subject to the same.
These conditions shall govern all works and services performed by the Company.
2. The Company performs its services in an impartial manner and is totally independent and not associated with any company, firm or organisation engaged directly in the trade in commodities.
3. The Company conforms to national health and safety regulations with regard to their employees.
4. The Company is an enterprise engaged in the trade of inspection.
As such :
The Company provides the following standard services :
(a) inspection for quantity and/or for quality,
(b) inspections for condition of goods, packing, containers and means of transport,
(c) inspection of loading or discharging,
(e) testing services,
(f) surveys and audits.
Other services, such as qualitative and/or quantitative guarantees, tank calibration, pre-shipment inspection under government mandated import or customs scheme, supervision of complete industrial projects scheme, advisory services, have to be specially agreed between the Company and the Principal.
The Company issues reports and/or certificates related to the aforesaid operations.
5. 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 unless so authorised by the Principal and agreed by the Company.
6. The Company will provide services in accordance with :
(a) the Principal's specific instructions as confirmed by the Company,
(b) any relevant trade custom, usage or practice,
(c) such methods that the Company shall consider appropriate on technical, operational and/or financial grounds.
7. (a) Subject to the Principal's instructions as accepted by the Company, the Company will issue reports and certificates of inspection which reflect statements of opinion made with due care within the limitation of instructions received but the Company is under no obligation to refer or to report upon any facts or circumstances which are outside the specific instructions received.
(b) The findings and observations mentioned in the reports or certificates of inspection issued by the Company are valid for time and place of inspection only.
(c) Where the Company is called upon to reproduce the statements or declarations made by third parties such as laboratories, vessels, etc, such reproduction shall be for information purposes only without responsibility of the Company.
(d) No statement contained in any report or certificate issued by the Company shall relieve parties to a contract from their obligations.
The Principal agrees that he will :
(a) ensure that instructions to the Company and sufficient information are given in due time to enable the required services to be performed effectively;
(b) procure all necessary access for the Company's representatives to enable the required services to be performed effectively ;
(c) supply, if required, any special equipment and personnel necessary for the performance of the required services ;
(d) ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services.
8. 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.
9. (a) The Company undertakes to exercise due care and skill in the performance of its services and accepts responsibility only where such skill and care is not exercised.
(b) All claims must be made in writing within forty-five (45) days after the delivery of the Company's report or certificates in respect of the services from which the claim arises. Upon the expiration of forty-five days after the delivery of such report or certificates, such claim shall be deemed to be irrevocably waived by the Principal. In any event the Company, its employees, agents or subcontractors shall be discharged from all liability to the Principal for all claims for loss, damage or expense unless suit is brought within six (6) months after the date of the invoice or the date of the performance by the Company of the service which gives rise to the claim.
10. Excepted under special agreements in writing by the Company, the Principal must pay the company invoices in full without any discount at receipt date by remittance to bank. Failing which, and in accordance with the N° 92-1442 French legislation article dated 31/12/92, an interest equal to 1.5 the legal interest will become due to the Company. The Company reserves its right to suspend the performance of further services as long as its invoices remain unpaid, and without liability.
11. In the event of the Company being prevented by reason of any cause whatsoever outside the Company's control from performing or completing any service for which an order has been given or an agreement made, the Principal will pay to the Company.
(a) the amount of all abortive expenditure actually made or incurred.
(b) a proportion of the agreed fee or commission equal to the proportion (if any) of the service actually carried out. The Company shall be relieved of all responsibility whatsoever for the partial or total non-performance of the required service.
12. These General Terms and Conditions and any contract to which they apply shall be governed by the French law and any dispute arising out of any contract to which these General Terms and Conditions apply shall be subject to the exclusive jurisdiction of the French Courts.
13. No alteration, amendment or waiver of any of the General Terms and Conditions shall have any effect unless made in writing and signed by an officer of the Company.