1. General
1.1. Unless explicitly agreed in writing by the AEC INSPECTION Services, all services provided by AEC Quality Services are governed by the following Terms and Conditions.
1.2. Services carried out by Insight Quality Services, on behalf of an entity or individual (hereinafter called the “Client”), are based on an approach that permits an independent, impartial and objective assessment of a Supplier’s facilities, processes and products. The end result of the Service is a document (hereinafter called the “Report”) communicating the information AEC INSPECTION Services has been requested to supply. The report will be delivered as an electronic document to the Client.
1.3. Only the Client shall be entitled to give instructions to AEC INSPECTION Services, particularly on the scope of inspection or delivery of Report; however, the Client may specify another authorized party in writing.
2. Provision of Services
2.1. AEC INSPECTION Services, in the capacity of an independent third party, supplies information in the form of observations and recommendations for the purpose of reducing the risks to which the Clients are exposed, and helping them improve the quality of their products. AEC INSPECTION Services’ services (hereinafter called the “Services”) consist of work performed by AEC INSPECTION Services, including but not limited to:
- Audit of factories;
- Product quality inspection; and
- Quality, manufacturing and process improvement consulting.
3. AEC INSPECTION Services’ Obligations
3.1. AEC INSPECTION Services reserves the right to accept or decline a request for service. AEC INSPECTION Services cannot be compelled to accept or be held liable for declining a request for Services:
- Outside of its scope of specialization;
- Outside of its geographical service area; or
- In areas where special permissions are needed to perform the Service.
3.2. AEC INSPECTION Services will undertake to carry out its Services in a timely manner in accordance with professional practice and in compliance with the Client’s special instructions when ordering the Service and as confirmed by AEC INSPECTION Services. In cases where Client instructions are incomplete or non-existent, AEC INSPECTION Services will use:
- Any relevant professional standard, trade custom, usage or practice; and
- Such methods as AEC INSPECTION Services shall consider appropriate on technical, operational and/or financial grounds.
3.3. AEC INSPECTION Services shall exercise professional skills in the selection and assignment of inspectors.
4. Client’s Obligations
4.1. To take reasonable steps to assure AEC INSPECTION Services has access to the site and materials on which Service will be based.
4.2. To provide AEC INSPECTION Services with the necessary information and samples, either directly or through suppliers or agents of the Client.
4.3. To insure that adequate instructions and notice are given to AEC INSPECTION Services in due time to facilitate proper performance for the Service.
4.4. To advise AEC INSPECTION Services of the date on which the Services are to be performed.
5. Invoicing, Fees, and Payment
5.1. Payment is expected prior to the performance of Service. AEC INSPECTION Services offers 2 payment solutions:
- Wire transfer to AEC INSPECTION Services’ account at İŞ Bank TR.
- Company checks (in US dollars only) for deposit by AEC INSPECTION Services in its İŞ Bank account.
5.2. Different invoices with all the relevant payment instructions will be provided by AEC INSPECTION Services for each of these payment options.
5.3. Cancellation charges: AEC INSPECTION Services accepts cancellation until 4 pm (local time at point of inspection) two business days before the requested inspection date. After this time, the Services booked will be charged in full. Based on discussions with the Client, AEC INSPECTION Services may apply cancellation credits to future inspections.
5.4. In the event AEC INSPECTION Services is prevented from performing or completing the requested Services, for reasons beyond its control, the Client agrees to:
5.4.1. Reimburse any expenditure and out of pocket expenses made or incurred in relation to this Service; and
5.4.2. Pay proportion of fees due for Services actually rendered and to release AEC INSPECTION Services from all responsibility for partial or non-performance of the Services.
5.5. In the event the inspection must be canceled on the projected inspection day, because of wrong information given by the Client or Factory (e.g., goods not ready for inspection), the man-day will be considered spent, and AEC INSPECTION Services will charge a full fee to Client as a “not ready inspection” fee.
6. Liability and Indemnification
6.1. Limitation of Liability
6.1.1. AEC INSPECTION Services 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. AEC INSPECTION Services’ Report is based on documents and information provided by the Client and the Supplier. AEC INSPECTION Services cannot be held liable if it has received incomplete or erroneous information.
6.1.3. In the event of false information provided to AEC INSPECTION Services by a third party, AEC INSPECTION Services accepts no liability.
6.1.4. AEC INSPECTION Services will use its best efforts and exercise professional skill in the performance of its Services. AEC INSPECTION Services accepts liability only in case of negligence proven by the Client.
6.2. Indemnification
6.2.1. In the event AEC INSPECTION Services is held liable for a claim for loss, damage, or expense of any kind, its liability to the Client shall in no circumstances exceed two times the total aggregate sum of fees paid for the specific Services for which a claim is made.
6.2.2. In addition, in the case of pre-shipment inspections where less than 100% of the production is complete, our responsibility will only extend to those items completed at the time of inspection.
6.2.3. The Client shall guarantee and indemnify AEC INSPECTION Services and its agents or subcontractors against all claims made by third parties for loss, damage or expense of whatsoever, relating to the performance or non-performance of any service, to the extent that the total sum of such claims exceeds the limitation of liability mentioned in Article 6.2.1.
6.3. In the event of any claim, notice must be given to AEC INSPECTION Services headquarters in the TR within 7 days following the discovery of the facts, or 3 months from the completion of the AEC INSPECTION Services Service.
7. Satisfaction Guarantee
7.1. If Client can demonstrate that AEC INSPECTION Services was negligent in completing the inspection, with the result that Client received products from the supplier with quality inferior to what was documented in AEC INSPECTION Services’ Report, the Client will be entitled to be paid back the fees paid for that inspection. The following conditions apply for such repayment to occur:
7.1.1. The Client must document in writing its claim of negligence by AEC INSPECTION Services inspectors. The documentation must present reasonable proof of AEC INSPECTION Services’ negligence. The burden of proof will be based on professional judgment by reasonable people.
7.1.2. AEC INSPECTION Services paying the money back to Client does not imply an admission of guilt.
7.1.3. By Client accepting repayment of inspection fees from AEC INSPECTION Services, Client agrees to make no future claims for real or perceived damages caused by AEC INSPECTION Services.
8. Termination of Services
8.1. AEC INSPECTION Services shall be entitled to terminate and/or suspend Services in the event that:
8.1.1. The Client breaches its obligations under these Terms and Conditions.
8.1.2. The Client is unwilling or unable to pay for the Services.
9. Applicable and Governing Law, Jurisdiction and Settlement of Istanbul
9.1. All disputes of any kind between the parties arising out of the Services shall be governed by and construed in accordance with the laws of the Istanbul, TR. Jurisdiction for litigation of any dispute, controversy, or claim arising out of or in connection with the Services shall be in a Istanbul -TR
10. Language
All legitimate agreements with AEC INSPECTION Services will be documented in English. Neither Turkish nor any other language will be recognized as a valid language for expressing AEC INSPECTION Service’s commitments to its customers.
