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Code of Conduct
Terms & Conditions
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Inspection Booking
email: booking@cosmos-s.com
Tel: +855-23-999001
Mobile: +855-77-232256
 
Information
email: info@cosmos-s.com
Tel: +855-23-999007
 
Address
Headoffice:
#113 Parkway Square 3FDE,
Mao Tse Toung Blvd.
Phnom Penh, Cambodia
Inspection Center:
#387, Street 1928,
Sangkat Phnom Penh Thmey,
Phnom Penh, Cambodia
 
 
  COSMOS SERVICES TERMS AND CONDITIONS OF BUSINESS (2017)  
 

 

1. Unless   otherwise   specifically   agreed   in   writing, the specific Cosmos Services entity that is the contracting party under the agreement to which these general conditions have been deemed applicable (hereinafter    called   "the Company")   undertakes   services   in   accordance   with these  general  conditions  (hereinafter called "General Conditions") and accordingly all offers or tenders of service are made subject to these General Conditions. All resulting contracts, agreements  or  other  arrangements  will  in  all  respects  be  governed  by  these  General Conditions,  except only to the extent that the law of the place where such arrangements or contracts are made or carried out shall preclude any of the General Conditions  and in such case such local law shall prevail wherever,  but only to the extent that, it is at variance with these General Conditions.

2. The Company is an enterprise engaged in the trade of inspection and auditing.  As such, it:

2.1 Issues reports and/or certificates.

3. The  Company  acts  for  the  persons  or  bodies  from  whom  the  instructions  to  act  have originated (hereinafter called "the Principal").    No other party is entitled to give instructions, particularly on the scope of inspection or delivery of report or certificate, unless so authorized by the Principal and agreed by the Company.    The  Company  will  however  be  deemed irrevocably authorized to deliver at its discretion the report or the certificate to a third party if following  instructions  by the Principal  a promise  in this sense had been given to this third party  or  such  a  promise  implicitly  follows  from  circumstances,  trade  custom,  usage  or practice.

4. The Company will provide services in accordance with:

4.1 The Principal's specific instructions as confirmed by the Company;

4.2 The  terms  of  the  Company's  Standard  Order  Form  and/or  Standard  Specification  Sheet  if used;

4.3 Any relevant trade custom, usage or practice;

4.4 Such methods as the Company shall consider appropriate on technical, operational    and/or financial grounds.

5.  

5.1 All enquiries and orders for the supply of services must be accompanied by sufficient information specifications and instructions to enable the Company to evaluate and/or perform the services required.

5.2 Documents  reflecting  engagements  contracted  between  the Principal and third parties, or third parties' documents, such as copies of contracts of sale, letters of credit, bills of lading, etc.,  are  (if  received  by  the  Company)  considered  to  be  for  information  only,  without extending or restricting the mission or obligations accepted by the Company.

6.  The Company's standard services may include all or any of the following:-

6.1 quantitative and/or qualitative inspection;

6.2 Inspection of goods, equipment, packing, containers and means of transport;

6.3 Inspection of loading or discharging;

6.4 Sampling;

6.5 Surveys and audits.

7. 

7.1 Subject to the Principal's instructions as accepted by the Company, the Company will issue reports and certificates  of inspection  which reflect statements  of opinion made with due  care  within  the  limitation  of  instructions  received  but  the Company  is  under  no obligation  to  refer  to  or  report  upon  any  facts  or  circumstances  which  are  outside  the specific instructions received.

7.2 Reports or certificates issued following testing or analysis of samples contain the Company's bulk from which the samples were drawn.   If an opinion on the bulk is requested special arrangements must be made in advance with the Company for the inspection and sampling of the bulk. Specific opinion on those samples only but do not express any opinion upon the

8.  The Principal will:

8.1 Ensure that instructions to the Company and sufficient information are given in due time to enable the required services to be performed effectively;

8.2 Procure  all necessary  access  for  the Company's  representatives  to enable  the  required services to be performed effectively;

8.3 Supply, if required, any special equipment and personnel necessary for the performance of the required services;

8.4 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 the Company's advice whether requested or not;

8.5 Take all necessary steps to eliminate or remedy any obstruction to or interruptions in the performance of the required services;

8.6 Inform  the  Company  in  advance  of  any  known  hazards  or  dangers,  actual  or  potential, associated with any order or samples or testing including, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or poisons;

8.7 Fully exercise all its rights and discharge all its liabilities under any related contract whether or not a report or certificate has been issued by the Company failing which the Company shall be under no obligation to the Principal.

9. The Company shall be entitled at its discretion to delegate the performance of the whole or any part of the services contracted for with the Principal to any agent or subcontractor.

10. If the requirements of the Principal necessitate the analysis of samples by the Principal's or by any third  party's  laboratory  the  Company  will  pass  on the  result  of the analysis  but without responsibility for its accuracy.    

11.     

11.1 The  Company  undertakes  to exercise  due  care  and skill  in the performance  of  its services and accepts responsibility only where such skill and care is not exercised.

11.2 The  liability  of  the  Company  in  respect  of  any  claims  for  loss,  damage  or  expense  of whatsoever nature and howsoever arising in respect of any breach of contract and/or any failure to exercise due skill and care by the Company shall in no circumstances exceed a
total aggregate sum equal to five times the amount of the fee or commission payable in respect  of  the  specific  service  required  under  the  particular  contract  with  the  Company which gives rise to such claims provided however that the Company shall have no liability in respect of any claims for indirect or consequential loss including loss of profit and/or loss of future business  and/or loss of production  and/or cancellation  of contracts  entered into by the Principal.  

12. The Principal shall guarantee, hold harmless and indemnify the Company and its officers, employees, 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 Condition 11.

13.  Every officer, employee, agent or subcontractor of the Company shall have the benefit of the limitation of compensation and the indemnity contained in these General Conditions and so far as relates to such limitations any contract entered into by the Company is entered into not only on its own behalf but also as agent and trustee for every such person as aforesaid.

14.  In the event that any unforeseen problems or expenditure arise in the course of carrying out any of the contracted services the Company shall be entitled to make additional charges to cover additional time and cost necessarily incurred to complete the service.

15.

15.1 The Principal will punctually pay not later than 25 days after the relevant invoice date or within such other period as may have been agreed in writing by the Company all proper charges  rendered  by the Company  failing which interest  will become  due at the rate of
7 per cent per month from the date of invoice until payment.

15.2 The  Principal  shall  not  be  entitled  to  retain  or  defer  payment  of  any  sums  due  to  the Company on account of any dispute, cross claim or set off which it may allege against the Company.

15.3 In  the  event  of  any  suspension  of  payment  arrangement  with  creditors,  bankruptcy, insolvency,  receivership  or cessation  of business  by the Principal  the Company  shall be entitled to suspend all further performance of its services forthwith and without liability.

16. In the event of the Company being prevented by reason of any cause whatsoever outside the Company’s control from performing or completing any service for which an order has been given or an agreement made, the Principal will pay to the Company

16.1 The amount of all abortive expenditure actually made or incurred,

16.2 A proportion of the agreed fee or commission equal to the proportion (if any) of the service actually carried out; and the Company shall be relieved of all responsibility whatsoever for the partial or total non-performance of the required service.

17. The Company  shall be discharged from all liability to the Principal for all claims for loss, damage   or  expense   unless  suit  is  brought   within  6  months   after  the  date  of  the performance by the Company of the service which gives rise to the claim or in the event of any  alleged  non-performance   within  6  months  of  the  date  when  such  service  should have been completed.

18. The  Company  is  neither  an  insurer  nor  a  guarantor    and  disclaims  all  liability  in  such capacity.      Principals   seeking   a   guarantee   against   loss   or   damage   should   obtain appropriate insurance.

19.  No alteration,  amendment  or waiver  of  any of  these  General  Conditions  shall  have any  effect unless made in writing and signed by an officer of the Company

 

 
     
 
 
         
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