OF RENDERING FAIR CONTROL SERVICES
Firm : Euroservice Sp. z o.o. (Ltd.)
Client : a company, firm, enterprise, organ or any other legal or natural person who provides an order and instructions concerning the performance of services and for whom the Firm renders services.
Fair control service : professional service rendered by an independent control firm, i.e. not related to or dependent on the Client.
Order : request for rendering services given in writing and containing sufficient information about the object, location and scope of control. In exceptional cases the oral form of an order is acceptable, provided such an order is confirmed in writing before the commencement of control.
The Firm is a business enterprise which renders services within expert assessment and control of goods, i.e.:
1.1. conducts controls, inspections, examinations, measurements, checks, evaluations, sampling and assessments of goods condition;1.2. issues reports, certificates and records concerning the abovementioned controlling activities;
1.3. provides consulting within the controlled goods and handling thereof;
Unless agreed otherwise, the Firm undertakes to render services, gives offers and participates in tenders based on these General Terms, which prevail over any terms which a Client might want to impose. Any contracts, agreements and other settlements are subject to these Terms. Any modifications or supplementations of these Terms shall be in writing and approved by the President of the Firm, or otherwise invalid.
Any Orders for the performance of services have to contain sufficient information and instructions to enable the Firm to assess, if the Firm may undertake to perform the services, as well as calculate its costs / rates. The conclusion of an agreement or contract shall be approved in writing by the Firm.
The Client shall:
2.1. provide that the Firm receives all instructions in a timely manner so as to ensure the effective performance of the required services;
2.2. provide representatives of the Firm with any necessary access to goods, structures, systems and means of transport;
2.3. provide, if necessary, any specialist equipment required for the performance of intended examination activities;
2.4. ensure the performance of any actions required for providing safe conditions of work in site and on systems and devices in the course of performing services – irrespective of the opinion of the Firm with regard to the necessity thereof;
2.5. take any required steps in order to eliminate or prevent any damage or breaks in the fulfilment of required services;
2.6. fully enforce its rights and fulfil all contractual obligations irrespective of whether the report or certificate has been issued by the Firm. Should the Client fail to do so, the Firm shall have no obligations towards the Client;
2.7. provide any goods, samples and materials to be prepared or examined by the Firm in a safe and properly marked packaging to an agreed place of examination at the Client’s cost and risk. Every delivery has to be accompanied with appropriate documentation including the description of content.
The Firm shall have the right to refuse to accept an order of control and/or examination of goods and their samples and to withdraw from the contract should the above terms not be met. Moreover, the Firm shall have the right to sue the Client for damages for any losses resulting from the breach of the abovementioned requirements.
The Firm performs its services in compliance with:
3.1. detailed instructions given by the Client, if they have been accepted and confirmed by the Firm;
3.2. terms of the standard order form and/or standard specification form;
3.3. effective commercial practice, usances or other practice;
3.4. methods which the Firm may consider suitable from the technical and/or cost point of view.
The Firm acts only in aid of the Client who has given the Order or nomination. No other parties shall be entitled to give any instructions – in particular with regard to the scope of control or provision of reports or certificates – unless authorised to do so by the Client.
Depending on the instructions by the Client, the Firm shall issue reports and certificates from the control to reflect the findings and the opinions given with due diligence within the scope as set forth in the received instructions, however the Firm shall not be obliged to refer to or describe facts or circumstances which are beyond the scope set forth in the instructions.
The Firm shall be considered to be irrevocably entitled to provide reports or certificates to any third parties at its own discretion, if the instructions provided by the Client imply such a commitment to any third persons or if such a commitments results explicitly from the circumstances, commercial practice, usances or other practice. Any documents reflecting the contractual obligations between the Client and any third parties, such as copies of commercial contracts, letters of credit and bills of landing, etc. (if received by the Firm) shall be treated only as information and shall not extend or limit the obligations and commitments of the Firm.
The Firm shall be entitled to render services via its representatives, agents, subcontractors or branches, whenever it deems so suitable, provided the Client has been informed in advance of such an intention.
If the Firm cannot perform or complete a service for which an Order has been given and a contract signed, due to any reasons beyond the control of the Firm, the Client shall cover all costs incurred by the Firm due to the unrealised or incomplete control and/or related thereto and shall pay a part of the agreed price or commission on the pro rata basis to the actual performance of the service.
The Company undertakes to render its services with due diligence and proficiency and assumes responsibility only in cases of gross negligence proven by the Client. Any complaints and claims against the Firm shall be dismissed after one year since the date of the final report from the control or the certificate issued by the Firm. The responsibility of the Firm towards the Client due to a complaint about the quantity, damage or costs of any nature and caused in any manner shall never exceed the total sum equal to ten times the rate or commission paid with regard to particular services under the contract under which the complaint is filed. If the fee or commission concerns a certain amount of services and a complaint results only due to one of such a number, the fee or commission is to be isolated (for the purpose of this Article) by estimating the time required to perform each of the services.
The Client shall guarantee the protection against damage and secure the Firm and its staff, agents and subcontractors against complaints of any third parties due to losses, damage or expenditures of any nature and incurred in any manner with regard to the performance, alleged performance or failure to perform any of the services to the extent that the sum of any complaints with regard to such services might exceed the abovementioned limit.
The full sum of the payments shall be made within 30 days since the date of the invoice, unless the Firm has agreed in writing on other terms of payment. Should the Client fail to pay within the given deadline, interest shall be calculated amounting to the amount provided in financial-revenue regulations since the date of the invoice.
Formation, validity and performance of any contracts or agreements made with the Firm shall comply with the regulations of the Polish law. Any complaints against the Firm which might result from or in connection with or be related to such contracts or agreements shall be resolved by the Polish court proper for the registered office of the Firm.
The Firm shall have the right to sue the Client to the Polish court proper for the registered office of the Firm.