WEBSITE
The use of this site, and the terms and conditions for our providing of information, is governed by this Legal Notice. By using this site, you acknowledge that you accept and will be bound by the terms hereof.
Security
We regard your privacy as being of primary importance. The information we collect from you, when you chose to provide it to us, is to enable us to send you information about products and services in which you register an interest. The information may be provided to companies in China Quality Control for this purpose. By providing us with your information you consent to us processing it for the purposes outlined above. We will not pass it on to any third party outside China Quality Control, except to fulfill our orders or to supply a request.
For site security purposes and to ensure that this website remains available to all users, China Quality Control monitors network traffic to identify unauthorized attempts to upload or change information or to otherwise cause damage to the site. Anyone using this website expressly consents to such monitoring.
Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.
If monitoring reveals evidence of possible criminal activity, such evidence may be provided to the appropriate authorities.
Copyright Statement
All content within the China Quality Control websites is the property of China Quality Control unless otherwise stated. All rights reserved. No part of this website may be reproduced, transmitted or copied in any form or by any means without the prior written consent of China Quality Control.
This Site is owned and operated by China Quality Control who grants you a limited license to access and make personal use of its website. It is not allowed to download (other than regular and proposed documents), or to modify any portion of the website, except with the express written consent of China Quality Control.
This license does not include any resale or commercial use of the website or its contents. Collection and use of information such: product listings, descriptions or pricing is forbidden. Any derivative use of the website or its contents such as downloading or copying of account information, using of data mining, robots or similar data gathering and extraction tools are strictly forbidden. The website or any portion thereof is not allowed to be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of China Quality Control.
Framing or any other assimilated framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, video, sound, scripts, page layout or form) is not allowed without the express written consent of China Quality Control. You may not use any Meta tags or other "hidden text" using China Quality Control' name (China Quality Control) or trademarks without the express written consent of PQC. Any unauthorized use terminates the permission or license granted by China Quality Control could sue you
Disclaimer of Endorsement
The documents posted on this website may contain hypertext links or pointers to information created and maintained by other public and private organizations. These links and pointers are provided for visitors' convenience. China Quality Control does not guarantee the accuracy, relevance, timeliness, or completeness of any linked information. Further, the inclusion of links or pointers to websites other than the China Quality Control websites is not intended to assign importance to those sites and the information contained therein, nor is it intended to endorse, recommend, or favor any views expressed, or commercial products or services offered on these outside sites, or the organizations sponsoring the sites, by trade name, trademark, manufacture, or otherwise.
Reference in all China Quality Control websites to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the site's visitors, and does not constitute endorsement, recommendation, or favoring by China Quality Control.
Disclaimer of Liability
Every effort is made to provide accurate and complete information.
With respect to the content of China Quality Control websites, neither China Quality Control, nor its employees and contractors make any warranty, expressed or implied or statutory, including but not limited to the warranties of no infringement of third party rights, title, and the warranties of merchantability and fitness for a particular purpose with respect to content available from China Quality Control websites or other Internet resources linked from it. Neither does China Quality Control assume any legal liability for the accuracy, completeness, or usefulness of any information, product, or process disclosed herein nor freedom from computer virus, and do not represent that use of such information, product, or process would not infringe on privately owned rights.
China Quality Control may not be responsible for any damages occurred on the client’s computer trough the using of the China Quality Control’s website or files provided by China Quality Control.
1. GENERAL
1.1 Unless otherwise specifically and expressly agreed in writing by China Quality Control o/b Presence Asia Group limited (hereinafter called “PQC”), all services provided by China Quality Control are governed by the following general conditions of service, which prevail any purchase terms and conditions.
PQC provides services aiming to help and assist buyers and importers in their purchasing operations in China. PQC provides, factory audit, quality inspection and product testing and certification. PQC act as a consultant company for, Quality inspection and Factory audit services.
1.2 Services carried out by PQC, on behalf of an entity or individual from whom the instructions to act have originated (hereinafter called the “the client”) will be carried out by using techniques and processes that permit an independent, impartial and objective approach. The end result of the Service linked to quality inspection and factory audit will consist in a certificate or document (hereinafter called the “Report”) communicating the collection of information PQC has been requested to supply and will be delivered as a fax, a written document or an online report.
1.3 No other party than the client shall be entitled to give instructions to PQC, particularly on the scope of quality inspection, factory audit, unless so authorized by the client.
2 PROVISION OF SERVICES
2.1 PROVISION OF SERVICES (FACTORY AUDIT, QUALITY INSPECTION)
PQC in the capacity of an independent third party, supplies information in the form of ascertainment or recommendations for the special purpose of contributing to the prevention of the risks to which the beneficiaries of its services are exposed, and of helping them assure the quality of their products, the evaluation of their supplier. PQC’s services (hereinafter called the “Services”) consist of work performed by PQC, including but not limited to:
- Suppliers audit ;
- Quality inspection of products at different stage of the purchasing process;
Every time you use or access to this website, you agree to be bound by these Terms & Conditions.
You agree that the owners of this web site (China Quality Control) exclusively reserves the right and may, at any time and without notice modify or discontinue this web site and its services or delete the data you provide.
We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of neither any data nor information.
3. PQC OBLIGATIONS AND UNDERTAKINGS
3.1 PQC expressly reserves the right to act at its own discretion in accepting or declining a request for service, and cannot be compelled to accept or be held liable for declining a request for services or for products :
-Falling out of its scope of activity or specialization ;
-Presenting geographical accessibility problems, such as services to be rendered or products to be found in restricted or highly remote areas ;
-Requiring PQC to obtain special permissions to operate such as governmental permissions.
3.2 PQC undertakes to supply the Services it has accepted to carry out in a professional and timely manner, in accordance with proper professional practice and in compliance with :
-The client’s special instructions when ordering the Service and as confirmed by PQC – the terms of reference should be duly signed by the client and PQC -, and in the absence of such instructions:
-Any relevant professional standard, trade custom, usage or practice ;
-Such methods as PQC shall consider appropriate on technical, operational and/or financial grounds.
3.3 PQC shall exercise due care and skill in the selection and assignment of its personnel.
CLIENT’S OBLIGATIONS AND UNDERTAKINGS
4.1 To take all reasonable steps to assure PQC has access to the site and materials on which Service will be based ;
4.2 To provide PQC with all information and samples, as well as the documents necessary to complete requested Service, in a timely manner (and in any event not later than 48 hours prior to the desired intervention), except for generally available documents such as codes and standards, either directly or through suppliers or agents of the Principal ;
4.3 To insure that adequate instructions and notice are given to PQC in due time to facilitate proper performance for the Service requested ;
4.4 To advise PQC of the date on which the Services are to commence, or to be resumed, and also of essential dates affecting the item(s) for which Services are being rendered ;
4.5 Generally to render all reasonable assistance to PQC in providing necessary instructions, information, documents, safety and security information in connection with the working conditions, required equipment and access (as the case may be).
4.6 Documents reflecting engagements between the client and third parties or third parties’ documents - if received by PQC - are considered to be for information only and do not extend or restrict the scope of the services or obligations accepted by PQC.
INVOICING, FEES AND PAYMENT
5.1 Payment :
Services fees are usually labeled in Euros; however client can request to have its private account on PQC website to be settled in USD or in HKD and thus can be invoiced in those currency.
Payment is expected online upon booking prior to the performance of the Service. Should payment occur after the performance of the operations, an extra 5% charge will be added to the order pricing.
All Quality inspection, Assessment and Product Testing services are billed separately. The client may choose if he/she wants to pay before or after the service
China Quality Control offers 1 payment solution
- Online payment : China Quality Control uses Paypal as online payment solution.
Orders settled online are subject to payment of Paypal payment processing fees (see Paypal conditions on www.paypal.com). Those fees are not integrated in the price of services, but are integrated separately and automatically by the payment processor of China Quality Control website.
5.2. Cancellation charges:
For Quality inspection and Factory audit services, we accept cancellation until 48H before the beginning of the projected operation date. After this limit, the Services booked will be charged in full.
For Quality inspection services, China Quality Control advises its clients to then re-charge this cost to their factory when the factory is proved to be mistaken (products not ready, wrong information provided to our coordination team regarding address or meeting point, etc…)
In the case of cancelled services, unless the client send us by courier a request to refund him/her, then China Quality Control will keep a credit on the client’s account.. This credit will be usable for future operations performed with China Quality Control.
5.3 In the event that PQC is being prevented from performing or completing in full requested Services, for any reason beyond its control, such as but not limited to, wrong information given by Client or Factory (e.g. goods not ready for Inspection despite information given by Factory,...), the clien agrees to :
5.3.1 Reimburse any expenditure, and out of pocket expenses made or incurred in relation to this Service ;
5.3.2 Pay proportion of fees due for Services actually rendered and to release PQC from all responsibility for partial or non-performance of the Services.
5.4. In the event when the Quality inspection or Factory audit must be cancelled on the projected day, because of wrong information given by Client or Factory (e.g. goods not ready for Quality inspection despite information given by Factory,...), the man-day will be considered spent, and China Quality Control will charge full fee to Client as a 'missed Operation' fee. China Quality Control advises its clients to then re-charge this cost to their factory when the factory is proved to be mistaken.
LIABILITY AND INDEMNIFICATION
6.1 Limitation of liability
6.1.1 PQC is neither an insurer nor a guarantor and disclaims such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance. For Quality inspection, and Factory audit, PQC provides the information collected on place, date and time of the leaded operations..
This report can be issued either by China Quality Control or by a third party quality control company. In case where the client decide to carry out a quality inspection with a third party quality control company, then the client is responsible for the fees related to this checking.
6.1.2 Subject to the client’s instructions as accepted by PQC (as specified in the terms of reference), PQC will issue the Report relating to the facts as recorded by it within the limits of the instructions received and on the basis of the documents and information provided by the client but PQC is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.
6.1.3 PQC advice is given only in relation to documents and information provided by the client, and PQC cannot be held liable if it has received incomplete or erroneous information.
6.1.4 In the event of false information being given to PQC by a third party, PQC accepts no liability.
6.1.5 PQC undertakes to use its best efforts and to exercise due care and skill in the performance of its Services, and accepts liability only in case of negligence proven by the client.
6.2 Indemnification
6.2.1
For Quality inspection services: in the event of PQC being held liable in respect of any claim for loss, damage or expense of whatsoever nature and however arising, its liability to the client shall in no circumstances exceed ten times the total aggregate sum of fees paid for the specific Services for which a claim is made. ASS will be held liable only after the client process with an expertise of the claimed goods lead in the destination port within 7 days of the arrival date.
For Buying Office services: in the event of PQC being held liable in respect of any claim for loss, damage or expense of whatsoever nature and however arising, its liability to the client shall in no circumstances exceed 20% of the commission. ASS will be held liable only after the client process with an expertise of the claimed goods lead in the destination port within 7 days of the arrival date.
6.2.2 In addition, in case of the Service of Pre-Shipment Inspection :
-Where less than 100% of the production is complete, our responsibility will only extend to those items completed at the time of inspection ;
-The Report does not evidence shipment.
6.2.3 The client shall guarantee and indemnify PQC and its servants, agents or subcontractors against all claims made by third parties for loss, damage or expense of whatsoever nature arising, relating to the performance or non-performance of any service, to the extent that the total sum of such claims exceed the limitation of liability mentioned in Article 6.2.1.
6.3 In the event of any claim, notice must be given to PQC by e-mail to
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TERMINATION OF SERVICES
PQC shall be entitled to automatically either terminate and/or suspend provision of services in the event that :
7.1 The client commits any material breach of its obligations under these terms and conditions and/or the terms of reference and (if such breach shall be capable of remedy) fails to make good such breach within ten (10) days of receipt of notice served by the Non-Defaulting Party (PQC) requiring it so to do. Material breaches include, without limitation any willful and deliberate breach by the client of its obligations under clause 4 here above;
7.2 The principal is insolvent or unable to pay its debts, in suspension of payments, or convenes a meeting of or compounds with its creditors or has a receiving order made against it or (other than for the purposes of bona fide amalgamation or reconstruction) has an order made or a resolution passed for its winding up or for the appointment of an administrator to manage its affairs, business and property or has a receiver or administrative receiver appointed over any of its assets or undertaking or if PQC takes or suffers any similar or analogous action in consequence of debt.
MISCELLANOUS
8.1 For Factory audit and Quality inspection services, the Report will reflect findings of the Service at the time and place of Service. This Report does not discharge sellers and suppliers from their legal and/or commercial obligations towards the principle.
APPLICABLE AND GOVERNING LAW, JURISDICTION AND SETTLEMENT OF DISPUTE
9.1 Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Hong Kong Law.
9.2 All disputes or differences of any kind whatsoever between the parties in connection with or arising out of the services shall be submitted to the non exclusive jurisdiction of the courts of Hong Kong or/and in the client’s juridisction if PQC decide to process with the client’s jurisdiction law.
LANGUAGE
These terms and conditions have been drafted in English. In case of discrepancy, the English version shall be controlling for all purposes.