1. General

1.1 Unless otherwise specifically and expressly agreed in writing by Amazing Quality Control Limited (hereinafter called “AQC”), all services provided by AQC are governed by the following general conditions of service, which prevail over any purchase terms and conditions. We reserve the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website.

1.2 Services carried out by AQC, on behalf of an entity or individual from whom the instructions to act have originated (hereinafter called the “Principal”), will be carried out using techniques and processes that permit an independent, impartial and objective approach. The end result of the Service will consist of a written and visual document (hereinafter called the “Report”) communicating the collection of information AQC has been requested to supply and will be delivered as a fax, a written document, or an online report.

1.3 No party other than the Principal shall be entitled to give instructions to AQC, particularly on the scope of inspection or delivery of the Report, unless so authorized by the Principal.

2. Provision of services

2.1 AQC, 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. AQC’s services (hereinafter called the “Services”) consist of work performed by AQC, including but not limited to:

Audit of factories;
Production start inspections and quality control of the products;
During production inspections and quality control;
Pre-shipment inspections and quality control;
If the Principal needs it and entitles AQC to do so, Full Quality Control Order Follow Up and Communication with the Principal’s China or Asia Supplier after the order has been placed to the China or Asia supplier.

3. AVQC’s obligations and undertakings

3.1 AQC 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 outside its scope of activity or specialisation;
Presenting geographical accessibility problems, such as services to be rendered or products to be found in restricted or highly remote areas;
Requiring AQC to obtain special permissions to operate, such as governmental permissions.

3.2 AQC 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 Principal’s instructions when ordering the Service, and in the absence of such instructions;
Any relevant professional standard, trade custom, usage, or practice;
Such methods as AQC shall consider appropriate on technical, operational, and/or financial grounds.

3.3 AQC shall exercise due care and skill in the selection and assignment of its personnel.

4. Principal’s obligations and undertakings

4.1 To take all reasonable steps to assure AQC has access to the site and materials on which the Service will be based;

4.2 To provide AQC with all information and samples, as well as the documents necessary to complete the 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 ensure that adequate instructions and notice are given to AQC in due time to facilitate proper performance of the Service requested;

4.4 To advise AQC 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 AQC in providing necessary instructions, information, documents, and 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 Principal and third parties or third parties’ documents—if received by AQC—are considered to be for information only and do not extend or restrict the scope of the services or obligations accepted by AQC.

5. Invoicing, fees and payment

5.1 Payment

Payment is expected online upon booking and prior to the performance of the Service. Should payment occur after the performance of the Service (or more than 24 hours after booking for Testing), an extra 5% charge will be added to the order pricing (same policy for online and offline payments).

AQC offers 2 payment solutions:

Online payment: AQC uses PayPal or Stripe as an online payment solution. Orders settled online are subject to payment of PayPal and Stripe payment processing fees (see PayPal conditions on www.paypal.com).
Offline payment: Invoices can be settled offline by bank transfer (T/T) or by Western Union. All the bank charges should be borne and paid by the Principal. Otherwise, they will be added to the Principal’s next payment.

5.2 Cancellation charges:

We accept cancellation of booked services upon notice from the Principal 48 hours before the projected Inspection date. After this limit, the Services booked will be charged in full.

Moreover, in the case that no cancellation or reschedule of service has been notified to AQC by the Principal or the Principal’s China supplier, if AQC arrives at the inspection location and the goods’ status does not allow the AQC inspector to perform the inspection, the Services booked will still be charged in full.

In the case of an order paid online and cancelled, AQC will credit the buyer’s Credit Card account using the PayPal Refund solution.

In the case of an order paid by the above-mentioned offline solution, AQC will refund the money to the Principal’s designated company account by bank T/T transfer. The possible bank charges invoiced by both AQC and the Principal’s banks will be borne in full by the Principal.

For Laboratory Testing (LT) orders, cancellation is not possible once payment has been made.

6. Liability and indemnification

6.1 Limitation of liability

6.1.1 AQC is neither an insurer nor a guarantor and disclaims such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
6.1.2 Subject to the Principal’s instructions as accepted by AQC (as specified in the terms of reference), AQC 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 Principal (refer to clause 4 above), but AQC is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.
6.1.3 AQC’s advice is given only in relation to documents and information provided by the Principal, and AQC cannot be held liable if it has received incomplete or erroneous information.
6.1.4 In the event of false information being given to AQC by a third party, AQC accepts no liability.
6.1.5 AQC undertakes to use its best efforts and to exercise due care and skill in the performance of its Services, and accepts liability only in cases of negligence proven by the Principal. Nevertheless, AQC is not the manufacturer or supplier of the goods sold to the Principal, and in the event that quality problems are found upon arrival of the goods in the Principal’s country, AQC accepts no liability because it cannot control what happens to the goods after the inspections take place. If the Principal finds goods quality issues not mentioned in the Report provided by AQC when the goods arrive in the Principal’s country, the Principal should complain only to its direct China or Asia supplier or transportation company.

6.2 Indemnification

6.2.1 As mentioned above in clause 6.1.5, AQC is not the direct goods supplier or goods handler of the Principal in China , Vietnam, Cambodia and Thailand, and therefore cannot be held responsible for any liability that would lead to the Principal’s financial loss due to quality problems or any other issues linked to the Principal’s commercial agreement with its direct China or Asia goods supplier. This means that the Principal, when booking a service with AQC, acknowledges that AQC is only a third-party quality control agent and cannot be held responsible for any quality problems found in the goods after the quality control service has been performed by AQC, and thus will never have to provide indemnification to the Principal.

7. Termination of services

AQC shall be entitled to automatically terminate and/or suspend the provision of services in the event that:

7.1 The Principal commits any material breach of its obligations under these terms and conditions and/or the terms of reference and (if such breach is capable of remedy) fails to remedy such breach within ten (10) days of receipt of notice served by the Non-Defaulting Party (AQC). Material breaches include, without limitation, any willful and deliberate breach by the Principal of its obligations under clause 4 above;
7.2 The Principal is insolvent or unable to pay its debts, is in suspension of payments, convenes a meeting of or compounds with its creditors, 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 AQC takes or suffers any similar or analogous action in consequence of debt.

8. Miscellaneous

8.1 The Report will reflect the findings of the Service at the time and place of its execution. This Report does not discharge sellers and suppliers from their legal and/or commercial obligations towards the Principal.

9. 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.

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