Terms and Conditions
1. General2. Provision of Services
3. Obligations, Commitments and Undertakings
4. Payments
5. Cancellations
6. Liability and Indemnification
7. Termination of Services
8. Privacy and Data Protection
9. Intellectual Property
10. Governing Law, Jurisdiction and Settlement
11. Language
1. General
1.1 Unless otherwise specifically and individually agreed in writing by Asianex Solutions, SL, hereinafter called “Asianex”, any service or services provided by Asianex Solutions, SL, hereinafter respectively called the “Service” or the “Services”, are governed by this terms and conditions agreement which must prevail over any other purchasing terms or information made publicly available by Asianex Solutions, SL
1.2 This terms and conditions agreement incorporate by reference other provisions applicable to the use of Asianex's website, hereinafter called “The Website”.
1.3 Asianex reserves the right to update its terms and conditions agreement at any time without notice. The most current version of the terms and conditions agreement can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of The Website.
2. Provision of Services
2.1 In performing the Services Asianex acts on behalf of the person or entity, hereinafter called “The Principal”, requesting these services and from whom the instructions to act have originated. Asianex will not accept instructions related to the performance of the Services ordered by The Principal from anybody else other than The Principal unless specifically requested to Asianex in writing by The Principal.
2.2 The Services include but are not limited to:
- Audits of factories.
- Inspections of products quality.
- Inspections of products loading into containers.
- Business information research.
- Evaluations of production lines in factories.
- Third party laboratory testing of product samples.
- Third party certification of products for regulation compliance.
- Studies for the improvement of production quality.
2.3 On Services requiring Asianex's personnel physical presence at a goods production site, hereinafter called “The Factory”, for the on-site performance part of the Services, Asianex will directly contact the goods production site personnel indicated by The Principal to settle a document, hereinafter called “The Booking”, specifying 1) a date for the on-site performance part of the Services, 2) the location of The Factory for the on-site performance part of the Services and 3) the equipment required at The Factory to be provided by The Factory for the on-site performance of the Services.
2.4 Asianex will only perform the Services of inspections, including but not limited to 1) inspections of products quality and 2) inspections of products loading into containers, according to a document hereinafter called “The Inspection Plan” describing the particulars of The Service and approved by The Principal prior to the on-site performance of The Service at The Factory.
2.5 Asianex will directly purchase services from a third-party business or company, hereinafter called “Asianex's Supplier”, to accomplish the performance of any Services requested by The Principal for which Asianex do not have the necessary ability, resources, personnel or equipment.
2.6 The end result of the Services will consist on an electronic document generated by Asianex or Asianex's Supplier, hereinafter called “The Report”, with the sole purpose of communicating to The Principal the information collected by Asianex or Asianex's Supplier throughout the performance of the Service requested by the Principal.
2.7 Asianex reserves the right to accept or decline a request of Services for any reason including but not limited to 1) services falling out of the scope of the Services, 2) services falling out of the scope of specialization of Asianex and 3) services requiring the physical presence of Asianex personnel in restricted areas, areas requiring special permissions to operate, or areas Asianex deems, at its sole discretion, remote or of difficult accessibility.
3. Obligations, Commitments and Undertakings
3.1 Asianex shall ensure it performs the Services in a professional and timely manner by careful selection and assignment of its personnel to the performance of the Services.
3.2 Asianex shall perform the Services of inspection according to The Inspection Plan approved by the Client.
3.3 Asianex shall only contact The Factory to settle The Booking after The Service has been formally ordered by The Principal.
3.4 Asianex's personnel shall only travel to The Factory after The Booking has been settled.
3.5 Asianex shall not provide any kind of instructions or directions to The Factory personnel other than those within the scope of the Services and necessary to the adequate performance of the Services.
3.6 Asianex shall keep any procured product samples for the performance of the Services for a maximum of 12 months after finalizing any service related to that product sample. After the aforementioned period of time Asianex has the right to destroy the product sample.
3.7 The Principal shall order The Services and provide to Asianex sufficient and accurate information, instructions and product samples, if required, in due time for Asianex to perform the Services.
3.8 The Principal shall ensure Asianex has access to any departments of The Factory as required for the adequate performance of The Services.
3.9 The Principal shall ensure Asianex has access to any material and equipment required at The Factory as required for the adequate performance of The Services.
3.10 The Principal shall ensure The Factory personnel communicates with Asianex personnel in a professional and timely manner for the adequate performance of the Services.
3.11 The Principal shall pay any fees or costs for procuring product samples to Asianex, or for returning product samples from Asianex, including but not limited to freight and tariffs.
3.12 In the event of the Asianex personnel traveling to The Factory as specified on The Booking and Asianex being prevented from performing or completing in part or in full the Service for any reason beyond its control, Asianex will perform the service to the extent possible, if by any means possible, and The Principal will be charged the full amount of the Service.
3.13 The Report is an informative document only and Asianex shall take no responsibility in the case of any kind of damage or loss of assets, injury or death arising from problems with any item, person or entity related to the Service or derived from actions or decisions taken by The Principal based on the information contained in The Report.
3.14 Asianex is not an insurer and The Services do not provide any kind of insurance.
3.15 Asianex will not get involved into any kind of disputes between The Principal and The Factory.
3.16 Asianex will not repack any products unpacked during the performance of the Services. It is The Factory’s personnel responsibility to repack the products.
3.17 Asianex does not promise that The Website or any content or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results.
4. Payments
4.1 Payment shall be made upon ordering the Services and prior to the performance of the Services. In case of Asianex specifically and individually accepting, at its sole discretion and in a case-by-case basis, the payment to occur after the Services have been performed, an extra 5% charge will be added to the order price.
4.2 Asianex accepts online payments via the online payment processing platforms PayPal (www.paypal.com) and Stripe Payments Europe Limited (www.stripe.com). The terms and conditions of these processing platforms may be found on their respective websites.
4.3 Asianex accepts offline payments by bank transfer for an extra 5% handling fee, each party bearing its own bank charges and, in case of The Principal’s bank not directly processing the transfer itself but through an intermediary bank, the intermediary bank charges being bore by The Principal.
4.4 Payments must be settled no later than 1 week upon The Principal’s reception of an invoice. Late payments will incur an interest charge of 1.5% per month or fraction thereof.
4.5 All payments must be made in United States Dollars (USD). Asianex may decide to accept, at its own discretion, payments in a currency other than United States Dollars (USD) in which case an extra fee for currency exchange, determined by Asianex, will be added to the order price.
5. Cancellations
5.1 Cancellations of the Services requiring Asianex's personnel physical presence at The Factory, including but not limited to 1) Audits of factories, 2) Inspections of products quality, 3) Inspections of products loading into containers, 4) Evaluations of production lines in factories and 5) Studies for the improvement of production quality, requested up to 48 hours before the date of the on-site performance of the Services as specified in The Booking are accepted without charges from Asianex to The Principal. In the event of cancellations of these services requested after the aforementioned time limit, The Principal will be charged the full amount of the Service.
5.2 Cancellations or modifications of The Booking, requested by The Principal or The Factory personnel, up to 48 hours before the date of the on-site performance of the Services as specified in The Booking are accepted without charges from Asianex to The Principal. In the event of cancellations or modifications of The Booking requested after the aforementioned time limit, The Principal will be charged the full amount of the Service.
5.3 Cancellations of the Services requiring Asianex's direct purchase of services from Asianex's Supplier specifically for the purpose of Asianex's performance of the Service ordered by The Principal, including but not limited to 1) laboratory testing of product samples or 2) certification of products for regulation compliance, requested before Asianex's order of services to Asianex's Supplier, are accepted without charges from Asianex to The Principal. In the event of cancellations of these services requested after the aforementioned time limit, The Principal will be charged the full amount of the Service.
5.4 Cancellation of the Services of business information research are not accepted.
6. Liability and Indemnification
6.1 Asianex will not be held responsible of any deficiencies or shortcomings of the Services due to insufficient or inaccurate information or instructions provided by the Principal or product samples procured by The Principal.
6.2 Asianex will not be held responsible of any deficiencies or shortcomings of the Services due to an impediment to Asianex personnel from The Factory personnel of accessing any departments of The Factory.
6.3 Asianex will not be held responsible of any inaccuracies, deficiencies or shortcomings of the Services due to the lack, defectiveness, imperfection or inaccuracy of any material or equipment at The Factory required for the adequate performance of The Services as specified in The Inspection Plan.
6.4 Asianex will not be held responsible for any deficiencies or shortcomings of the Services or inability of performing the Services due to an inadequate, incorrect or late communication from The Factory personnel.
6.5 Asianex will not be held responsible for any partial performance or non-performance of the Services due to Asianex being prevented from performing or completing in part or in full any Service for any reason beyond its control when Asianex personnel travels to The Factory as specified on The Booking.
6.6 Asianex will not be held responsible for any product samples lost throughout its shipment to or from Asianex.
6.7 Asianex will only accept liability in case of negligence proven by The Principal.
6.8 In the event of Asianex being held liable for any claim, its liability to The Principal shall in no circumstances exceed five times the total aggregate sum of fees paid for the specific Service for which the claim is made.
7. Termination of Services
7.1 Asianex shall have the right to immediately terminate or suspend provisioning the Services to The Principal in the event that The Principal commits any breach or violation of these terms and conditions.
8. Privacy and Data Protection
8.1 In performing the Services Asianex collects, stores and uses personal data from The Principal according to its Privacy Policy as incorporated by reference in these Terms and Conditions agreement.
9. Intellectual Property
9.1 Asianex has the ownership of all documents generated by Asianex.
9.2 Asianex has the right to use The Report for promotional purposes if the identity of The Principal remains undisclosed and unless The Principal requests Asianex in writing not to do so.
9.3 Asianex grants to The Principal the rights to use, reproduce or distribute The Report provided to The Principal as an end result of the services ordered by The Principal.
10. Governing Law, Jurisdiction and Settlement
10.1 These Terms and Conditions are governed by and will be construed in accordance with the laws of Spain.
10.2 Any dispute, controversy or claim arising out of or relating to these Terms and Conditions shall be submitted to the non-exclusive jurisdiction of the courts of Spain.
11. Language
11.1 These terms and conditions agreement have been written in English. In case of discrepancy with the same terms and conditions translated to any other language, the English version must prevail.