Unless otherwise particularly agreed in writing, Virtue Inspection Services Pvt. Ltd and/or any of its affiliated companies (each hereinafter called company) agree for providing all Inspection, testing and certification services in accordance with these general conditions (hereinafter called General Conditions) which resulting in contractual relationships/agreement between the party from whom the instructions to act has originated (hereinafter called Client). All resulting contract agreements or other arrangements will in all respects be governed by these General Terms and 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 Terms and Conditions and in such case such local law shall prevail wherever, but only to the extent that, it is at variance with these General Terms and Conditions.
Company is in active and will offer the Inspection services by applying reasonable care and experience for Third party inspection of various commodities followed by testing and product certification in accordance with the terms of the agreement made by default which is expressly incorporated and submitted to the client, along with the recognised international standards, codes of conduct, methods, quality management system and the performance standards deemed appropriate by the company in view of the specific services required.

Company offers its services to client viz. Independent inspection, sampling, testing, stock auditing, inventory management, pre-shipment inspection, loss assessment, quantity assessment, marine inspection and product certification. Verification of conformity in country of origin or destination including verification of the products’ compliance with national or international standards, regulatory requirements of the country of import or with commercial contracts. Client shall be acknowledged with final inspection report / certificate upon completion, witnessed and based on the inspection services desired by client which includes applicable protocols at all stages of inspections, consideration of written and oral instructions, e-mail correspondences and other communication platforms where applicable.

Client agrees that Company is neither an insurer nor a guarantor for the services, claims of loss, damage or injury. Ensure that the relevant information mandatory for the performance of the Services are given to the Company. Client acknowledges that they are well aware of the customs legislative and regulatory requirements governing for the export and import of their products and commit to comply with those requirements. Client needs to inform company well in advance of any applicable import/ export restrictions that may apply to the services to be provided where any information, products be exported/ imported to and/or from a country that is restricted or banned.

The Client shall pay the Inspection, testing and certification services charges as per agreed service proposal/quotation. Tax invoice shall be issued upon completion of the consignment with the applicable charges at actual for packaging and transport and. Apart from the agreement/service proposal any unforeseen services are carried out and/or expenses are arising during the course execution of consignment company shall inform client subsequently entitle those additional charges. Client will pay the invoiced amounts without any deduction, discount which not later than 21 days from the date of invoice issued or within other interval period as may be time-honoured described in agreement/service proposal/quotation agreed by client and company. If client fails to pay the client is liable to pay interest of 12% on the base amount of invoice and/or earlier
credit balance with effect from the date on which the payment became due until the date of payment. Errors and omissions are within 7days from the date of invoice raised otherwise the invoice will be supposed to have been accepted. If activities and correspondences found delayed by client upon completion of services, company has its rights to invoice the client for all the Services provided to date. Hence client agrees to pay this invoice within 21 days of the invoice date.

The Company shall be authorized to and without liability either suspend or terminate from the provision of the Services or to terminate the Contract without advance notice in the event of Mislead the company in providing false/incorrect documented information i.e., Purchase orders/work orders/contracts etc. by the client which needs to comply with the trade and contractual relationships has been notified. Suspension of payment and/or failure of terms being followed that are implemented agreement, insolvency issues, cessation of business.

All Intellectual Property Rights belonging to company prior to entry into this Agreement and nothing in this is intended to transfer any Intellectual Property Rights from either company to the other. The Company reserves all rights to the data/information obtained from the client(s) for further execution and completion for provision of services followed by generating reports with findings and observations.

The Client and the Company under- take to keep confidential all and any business and trade information/secrets obtained from the other party within the limits of contractual relationships/agreements, not to disclose them to any third parties without the prior written approval of the other party and not to use them without permission for own purposes.

The Parties shall process the personal data only to fulfil the contractual obligations for which they are responsible. Any further processing which would constitute a change of purpose is prohibited. To the extent that the Client has consented to allow company to process the personal data of the Clients direct or contracted personnel in connection with the Services or otherwise in connection with this Agreement, company shall take all necessary technical and organisational measures to ensure the security of such data.

Company is neither an insurer nor a guarantor and disclaims all liability i.e., loss of business, loss of use, loss of opportunity, loss of profit, loss of data, loss of damage to goodwill, loss of brand name, loss of anticipated savings, loss of earnings, loss of financial advantage. Company hereby liable to conduct exercise due care, and skill performance on services and accepts the responsibility only in case of proven negligence. Company shall not be liable for any delayed, partial or total non- performance of the Services arising directly or indirectly from any event outside the Company’s control including failure by the Client to comply with any of its obligations.

The occurrence of “Force Majeure” is beyond the reasonable control of the claiming Party, and which renders either the Client or the Company unable, wholly or in part to carry out its obligations arising under the Agreement for reasons beyond the Company's control such as natural disasters, violent storms, lightning, floods, earthquakes, tidal waves, terrorist activities, labour disputes or pandemics, explosions and fires. The Force Majeure shall be immediately notified in writing by the Party prevented from carrying out its obligations to the other Party explaining the causes, and demonstrating the diligence used to remove or mitigate the effects of such Force Majeure. The obligations under the Agreement shall be suspended until the cessation of the Force Majeure, which shall be notified in writing.

Company reserves the right to may assign, transfer its rights and obligations or delegate the performance of all or a portion of the Services under the Agreement, subject to compliance with the requirements where relevant, to an affiliate, agent or subcontractor of the Company without prior notice to the Client.

This contractual relationships / Agreement/the service proposal shall be governed by Indian laws. The company and client agree to submit to the exclusive jurisdiction of the Indian Courts in respect of any dispute or claim arising in connection with this Agreement. The exclusive place of jurisdiction for all these disputes shall be the registered office of the Company.

A waiver of any right under the Agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. Nothing in the Agreement is intended to, or shall be deemed to any kind between the Parties. Use of the Company’s info i.e. name, logo, e-mail, web domains etc. for advertising purposes is not permitted without the Company’s prior written consent. These general terms and conditions shall be governed and construed in accordance with the substantive laws of the place where the company render services and issues reports and/or certificates exclusive of any rules with respect to conflicts of laws.