Terms and Conditions
- Unless otherwise specifically agreed in writing, AEGEAN INTERNATIONAL INSPECTION EKSPERTİZ LTD.ŞTİ. (hereinafter called as FIRM only) undertakes inspection services in accordance with these general conditions and accordingly all offers or tenders of service are made subject to the same. By nominating of FIRM, Clients accept Our General Terms & Conditions. All resulting contracts, agreements or other arrangements will be governed in all respects by these conditions which will also be applied in case of receiving verbal instructions or requests.
- FIRM is a business enterprise engaged in the trade of inspection. As such, it carries out inspections, verifications, examinations, tests, samplings, measurements and similar operations within the principles of independence, objectiveness and confidentiality; issues reports and certificates relating to the aforesaid operations renders advisory services in connection with such matters.
- FIRM acts for the persons or bodies from whom the instructions to act have originated (hereinafter called as “PRINCIPAL"). No other party is entitled to give instructions, particularly on the scope of inspection or delivery of report or certificate, unless so authorised by PRINCIPAL. FIRM will no give any report or information to any third party person or body unless there is any verbal or written instruction received from PRINCIPAL. In case of that information and reports are shared when necessary due to legal obligations (court, etc.), If there is no legal obstacle, the PRINCIPAL will be informed by the FIRM.
- FIRM shall provide inspection services with the utmost care and professional responsibility and complying with the instructions given by PRINCIPAL, except where no such instructions exist, in which case it shall act in accordance with the FIRM's basic terms of procedures and/or adequate operational technical methods and/or usual practices.
- Documents reflecting engagements contracted between PRINCIPAL and third parties, such as copies of contracts of sale, letters of credit, bills of lading, etc. are (if received by FIRM) considered to be for information only, without extending or restricting FIRM ’s mission and obligations.
Using any kind of equipment of resources which belong to PRINCIPAL is not binding on FIRM who can not be encumbered by any party due to that case.FIRM do not accept any kind of requests which can affect impartiality.
- Whenever FIRM shall deem it necessary, FIRM may delegate provision of inspection services to an agent or subcontractor, and PRINCIPAL authorizes FIRM to provide all the necessary information to execute the service or part thereof.
- All samples taken during the providing an inspection service shall be kept for three months at the latest or for a shorter period if the nature of the sample so limits it. End of such period, FIRM shall annihilate the samples. In case PRINCIPAL requires for a longer period of time to store the samples or return them, PRINCIPAL shall express that request in writing.
- FIRM’s standard services are mentioned in “Quality Manuel” and are mainly as follows:
Quantity and/or quality inspection;
Inspection of condition of goods, packing, containers and transportation;
Inspection of loading or discharging;
Laboratory analysis or other testing via subcontractors
Draft survey, bunker survey, hold condition survey
Measurement of radiation dose rate
- The services are carried out to the best of our ability and our findings reflects the situation at survey date and time at defined inspection place only.
- Subject to PRINCIPAL's instructions, FIRM will issue reports and certificates of inspection which reflect statements of opinions made with due care within the limitation of instructions received but FIRM is under no obligation to refer to or report upon any facts or circumstances which are outside the specific instructions received.
- The PRINCIPAL has the right to Complain and Objection for any unsolved problem regarding the services. For this purpose, the FIRM has a Complaint and Objection Process. Process details are published on the FIRM website.
- PRINCIPAL agrees that he will;
11.1.Ensure that instructions to FIRM are given in due time to enable the required services to be performed effectively;
11.2.Procure all necessary access for FIRM’s Representatives to goods, premises, installations and transport;
11.3. Ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services and will not rely, in this respect, on FIRM’s advise whether required or not;
11.4. Supply, if required, any special instrument necessary for the performance of the required services; Take all necessary steps to eliminate or remedy any obstruction to or interruptions in the performance of the required services;
11.5. Fully exercise all his rights and discharge all his liabilities under the contract of sale whether or not a report or certificate has been issued by FIRM failing which FIRM shall be under no obligation to PRINCIPAL.
11.6. Accept visiting by TURKAK with or without notice due to observation of service being provided by the FIRM. Meantime accepts to provide informations regarding inspection service or audit , if any.
- FIRM undertakes to exercise due care and skill in the performance of its services and accepts responsibility only for gross negligence proven by PRINCIPAL.The liability of FIRM to PRINCIPAL in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to three times the amount of the fee or commission payable in respect of the specific service required under the particular contract which gives rise to such claims. Where the fee or commission payable relates to a number of services and a claim arises in respect of one of those services the fee or commission shall be apportioned for the purposes of this paragraph by reference to the estimated time involved in the performance of each service. The responsibility of FIRM, can not be more than USD 5000.00 (The United States Dollar-Five Thousand only) IN ANY CASE- for any claim. A prerequisite to pay any fine by FIRM; A culpable negligence of FIRMhas to be proved by PRINCIPAL in view of any liability and all fees & expenses of the inspection service provided by FIRM has to be paid already by PRINCIPAL. All disputes are to be decided according to TURKISH laws and the venue agreed is Izmir, Turkey
- PRINCIPAL shall guarantee, hold harmless and indemnify FIRM and its servants, agents or subcontractors against all claims made by any third party for loss, damage or expense of whatsoever nature and howsoever arising relating to the performance, purported performance or non-performance, of any services to the extent that the aggregate of any such claims relating to any one service exceed the limit mentioned in paragraph 12.
TERMS OF PAYMENT:-
- PRINCIPAL will punctually pay net cash on presentation of invoice or in such other manner as may have been agreed in writing all proper charges rendered by FIRM failing which interest will become due. Terms of payment: Net cash on presentation of invoice. Interest in case of late payment is charged at the rate of 5% per month or part thereof.