General terms and conditions

General terms and conditions of contract

These general terms and conditions of business are based on the guidance set by the International Federation of Inspection Agencies.

Scope of services

Unless otherwise agreed in writing, Alex Stewart Romania (hereinafter “the Company”) provides services in accordance with these General Terms and Conditions and the relevant service offers. All contractual arrangements are governed in all respects by these General Terms and Conditions, except where specific arrangements exclude any of them.
The Company operates in the field of inspection, sampling, analysis and testing. In particular, it provides: standardised services as referred to in Clause 6; special consultancy services as agreed by the Company and mentioned in Clause 7; reports and/or certificates as referred to in Clause 8.
The Company acts on behalf of the persons or entities from whom instructions originate (hereinafter “the Beneficiary”). No other party is entitled to give instructions concerning inspection or the issuance of certificates unless authorised by the Beneficiary and accepted by the Company. The Company will be considered irrevocably authorised to provide reports or certificates to a third party if it follows the instructions given by the Beneficiary, and where such a promise has been made to a third party by virtue of circumstances, trade custom, usage or practice.
The Company provides services in accordance with: the precise instructions of the Beneficiary confirmed by the Company; the terms of the Company’s standard order form and/or standard specification sheet, if used; relevant trade customs, habits and practices; and those methods of the Company which are considered technically, operationally and/or commercially appropriate.
All requests and orders for the supply of services must be accompanied by sufficient information, specifications and instructions to allow the Company to assess and/or perform the requested services. The Company cannot be held responsible for any ambiguity in the instructions given by clients, nor for any incorrect or misleading information supplied or obtained.

Standard and special services

The Company’s standard services may include all or any of the following: qualitative and/or quantitative inspection; inspection of goods, equipment, packaging, tanks, containers and means of transport; loading or unloading supervision; sampling and sample preparation; laboratory analysis or other tests; control and audit; and weight verification or certification.
Special services beyond the scope of the standard services mentioned in Clause 6 will be carried out by the Company only through specific arrangements.

Reports and certificates

On the basis of the Beneficiary’s instructions accepted by the Company, the Company will issue inspection reports and certificates reflecting opinions formed carefully within the limits of the instructions received. However, the Company is not obliged to refer to or report facts or circumstances outside the instructions received. Acceptance of instructions by the Company does not release the Beneficiary from ambiguities that may affect the outcome of the inspection.
Reports or certificates issued following analysis or testing of samples reflect the Company’s opinion only on those samples, and do not express an opinion on the entire cargo from which the samples were taken. Once the Company has issued the analysis results, if doubts arise regarding the accuracy of the results, either by the Company or by the Beneficiary, the Company reserves the right to re-check and amend them as appropriate. The Company will keep samples or portions of samples on behalf of the Beneficiary for a period of six months from the date of receipt, only if the Beneficiary informs the Company in writing that it wishes them to be retained for a longer period. If the Beneficiary requests that reserve samples be forwarded by the Company, the cost of sending them will be borne by the Beneficiary. The Company will not be responsible for samples lost in transit by courier or postal services.

Client obligations

The Beneficiary must ensure that sufficient instructions and information are given to the Company in due time to allow efficient performance of the requested services; provide access for Company representatives to perform the services; supplement, where necessary, special equipment and personnel required for the services; ensure all safety and security measures during the service; take all necessary steps to remove or remedy any obstruction or interruption during the performance of the requested services; and promptly inform the Company of any actual or potential hazards associated with any order, samples or tests, including the presence or risk of radiation, toxic or non-toxic substances, or explosive elements, as well as environmental pollution.
The Beneficiary must fulfil all rights and obligations under the contract even if a report or certificate has or has not been issued by the Company.

Delegation, subcontracting and third-party testing

The Company is entitled to delegate the performance of all or part of the services to any other agent or subcontractor.
If the Beneficiary’s requirements require analysis of samples by the Beneficiary’s own laboratory or by a third party, the Company will forward the analysis result but will not assume responsibility for its accuracy. Similarly, when the Company merely assists with analyses carried out by the Beneficiary or a third party, the Company will confirm that the correct sample was analysed, but will not be responsible for the accuracy of the analysis or of the results.

Liability and payment

The Company performs services with due care and competence and accepts responsibility only in cases of proven negligence.
The Company’s liability for any claim concerning loss, damage or costs of any kind may in no circumstances exceed a total sum equal to three times the value of the fee or commission for the relevant service.
The liability limit in Clause 12.2 may be extended upon written request received by the Company at least five working days before the service is performed.
The Beneficiary guarantees and indemnifies the Company, its employees, agents and subcontractors against claims by third parties for loss, damage or expenses of any kind relating to the performance of the services.
Any employee, agent or subcontractor of the Company shall benefit from the limitation of liability and indemnity contained in these General Terms and Conditions.
If unforeseen issues arise during the execution of any contracted service, the Company may apply additional charges to cover extra time and costs incurred to complete the service.
The Beneficiary must pay on time, no later than 15 days from invoice receipt or within another period accepted in writing and fixed by the Company.
The Beneficiary shall not be entitled to withhold or delay payment to the Company on account of any dispute or claim.
In the event of suspension of payment arrangements with creditors, bankruptcy, insolvency, judicial administration or cessation of activity by the Beneficiary, the Company shall be entitled to suspend performance of all services without liability.
If the Company has been prevented for any reason from performing or completing the services for which an order or contract was made, the Beneficiary shall pay the Company: all expenses incurred or borne; and a percentage of the agreed fee or commission equal to the percentage of the service actually carried out, and the Company shall be released from all responsibility for the partial or total non-performance of the requested services.
The Company shall be released from all liability for claims of loss, damage or expense only in the case of proceedings arising from non-performance of a service after three months from the date on which it should have been completed.
The Company is neither insurer nor guarantor and declines all responsibility. Any Beneficiary seeking cover against loss or damage should obtain appropriate insurance.
All data and results contained in emails or faxes are valid only when accompanied by the official documents in the Company’s files.
These Terms and Conditions are governed by Romanian law and are subject to the exclusive jurisdiction of the Romanian courts.
No amendment, correction or waiver of these General Terms and Conditions shall have effect unless made in writing and signed by a representative of the Company.

For the complete current contractual wording or a service-specific quotation, contact our team.