Client
Client is defined as any person or legal entity that places an order for inspection and assumes payment for the inspection services either direct or
indirect through other contractual parties . In case where multiple clients exist the order of priority is with the party whose nomination is received first.
Order for Inspection
Is an order by a client requesting inspection of certain commodity and by necessity is accompanied by such documents as pro forma invoice , L/C , a
contract of sales etc. Identifying the goods , supplier , instruments of payment and other relevant information as the case may merit.
Scope of Inspection
It is the privilege of the client to advise the exact scope of inspection required verification of quality , quantity , packing and loading in absence of
specific written instructions by client . DKC is free to use any scope that it deems practical and possible given the local customs , standards or practices
, exercised . Unless otherwise stated and to the extent possible the final stage of inspection is supervision of laoding at origin and BIS does not assume
any responsibilities for the state of cargo at any other point except port of origin.
Place of Inspection
Inspection shall be carried out at manufacturer’s or supplier’s premises . By prior arrangement inspection may be carried out at other places provided
the goods are readily identifiable and presented in a suitable manner.
Time of Inspection
A 14 days (two weeks ) notice is required to arrange the inspection after receipt of the completed inspection order and requested the documentation
against which the acceptance of order by DKC will be confirmed. Whereas DKC will endeavor to coordinate with the supplier .DKC will not assume
any responsibility or liability for non-performance on orders whose acceptance is not confirmed by DKC nor for any delays in performance of the
assigned work if the advance notice period stated above is not adhered to. It is important to advise DKC of any problems regarding availability of the
goods prior to the date fixed for inspection. Since DKC will charge for any abortive inspections.
Presentation of Inspection
Is the importer/exporter’s responsibility to make the goods available for inspection and any costs incurred in doing so would be on the exporter’s
account . Examples of such costs are value of the samples , unpacking , re-packing ,weighing facilities , etc. and any tests required to ascertain quality ,
quantity and the condition of packing.
Sampling
The taking and retention of samples will be in accordance with customary quality control procedures or specific standards outlined in the terms of the
contract or as devised by the client. It remains the supplier’s responsibility to replace any samples drawn. DKC will store samples for a period of three
months after shipment of the consignment from which the sample was taken , thereafter they will be disposed of, unless otherwise requested by the
client.
Testing
When testing during manufacturing or at manufacturer’s premised is required DKC should be present to witness the test. Functional equipment
should not be presented for inspection unless adequate facilities are provided to enable DKC inspector to perform a running test in order to verify the
specifications.
Laboratory Analysis
For certain types of products or at special request of the exporter/ importer DKC may be required to test the samples at third party laboratories.
Accredited or not DKC shall not be liable in respect of any services or goods including laboratory facilities - for the use of which it has to engage third
parties. DKC also bears no responsibility for the analysis results produced in laboratories operated by such third parties , whether or not analysis was
witnessed by DKC.
Contractual Responsibilities
Issuance of inspection certificate does not relieve sellers/ suppliers from their contractual responsibilities under the contract of sale with regard to
quantity , quality , packing and marking of the goods , nor does it prejudice the buyer’s right of claim towards the seller for compensation for any
apparent and / or hidden defects not detected during random inspection or occurring later.
Claims
for all claims the buyer must notify the seller and the inspection company within three months from the date of arrival of the goods and before the
clearance of the goods through the customs at destination and before making any changes in the goods that could affect the identification of the
responsible party or the reason for the claimed discrepancy. The buyer must also make the necessary arrangements for further inspection, sampling
and the preliminary investigation to determine the extent and cause of the discrepancy, unless other conditions have previously been clearly agreed
upon with the inspection company.
In case a discrepancy is found after clearance through customs, the buyer must notify the seller and the inspection company accordingly , in writing
and within 60 days from the date of clearance of the goods.
Liability
DKC undertakes to exercise due care and skill in the performance of its services as per the scope of inspection offered and accepted by the client and ,
and accepts responsibility only for gross negligence proven by the principal in performing its duties as outlined in the proposed scope DKC liability to
the principal in respect of any claims for loss , damage or expense of what so ever nature and how so ever arising , shall in no circumstances exceed a
total aggregate sum equal to ten times the amount of fee or commission and will be limited to maximum twenty thousand Euros , payable in respect of
the specific service required under particular contract which gives rise to such claims.
Confidentiality
All the information provided to DKC ( except as noted below ) to assist in the inspection process is considered confidential by DKC and shall not be
disclosed to third parties unless specifically requested by the client. Published or readily obtained information by third parties or otherwise part of the
public record shall not be considered confidential.
Payment Conditions
Our invoices must be paid in full without any set of or discount within maximum fifteen (15) days from the date of invoice by remittance to our bank.
In the event payment is not made within this time , late payment fee at the rate of 10 percent per month or part thereof shall become payable by the
principle without any demand or notice being required . Such fees to accrue from the due date of payment until the day of actual payment. At all
times we will have the right to suspend the performance of further services for as ling as any of our invoices remain unpaid.