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Agricultural services

Our network offers access to expertise in the field of inspection of agricultural products.   General Control undertake to promote and maintain a high level…

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Collateral management

Collateral management is a tripartite agreement between: The holder of funds (bank, pledgee, financial) The borrower or exporter The third owner designated for filing, storage…

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Fund monitoring

General Control proposes an impartial and proactive fund monitoring service for providers of property development funding and clients investing in importantl projects.   Our service…

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Mineral and metals services

General Control offer services in the field of inspection of metals and minerals. Technicians are involved throughout the chain from extraction to loading / unloading…

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Food aid

As part of its international activities, General Control is involved in control of food aid around the world.   These checks are made on behalf…

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Petroleum Services

Our network offers access to an international customer, indispensable asset in the area of globalization.   General Control undertake to promote and maintain a high…

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Consumer goods and foodstuffs

Provide a quality control, this is the mission of General Control .   Our group offers expertise in the field of inspection of consumer goods…

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Terms and conditions of business

 

1) Unless otherwise specifically agreed in writing the Company General Control undertakes services in accordance with these general conditions and accordingly all offers or tenders of service are made subject to the same. All resulting contracts, agreements or other arrangements will in all respects be governed by these 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 conditions and in such case the said local law shall prevail wherever, but only to the extent that, if it is at variance with these conditions.

 

2) The Company is a business enterprise engaged in the trade of inspection. As such, it:

 

a) Carries out such standard services as are referred to in General Condition 6.

b) Issues reports and certificates relating to the aforesaid operations;

c) Renders advisory and special services as may be agreed by the Company and as referred to in General Condition 7.

 

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 or report or certificate, unless so authorised by the principal and agreed by the Company. The Company will however be deemed irrevocably authorised to deliver at its discretion the report or 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 practise.

 

4) The Company will provide services in accordance with:

 

a) The Principal's specific instructions as confirmed by the company

b) Terms of the Company's standard Order Form and/or standard Specification Sheet if used;

c) Any relevant trade custom, usage or practise;

d) Such methods of the Company shall consider suitable on technical grounds.

 

5)

 

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

b) 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 are as follows:

 

a) Quantities and/or qualitative inspection

b) Inspection of condition of goods, packing, marking, containers;

c) Inspection of loading and/ or discharging

d) Sampling

e) Laboratory analysis or other testing

 

7) Special services where the same exceed the scope of standard services as referred to in paragraph 6 will only be undertaken by the Company by particular arrangement.

 

8)

 

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

b) Reports or certificates issued following testing or analysis of samples contain the Company's specific opinion on those samples only but do not express any opinion upon the 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.

 

9) The Principal agrees that he will:

 

a) Ensure that instructions to the Company are given in due time to enable the required services to be performed effectively.

b) Procure all necessary access for the Company's representatives to goods, premises and installations;

c) Supply, if required, any special instrument necessary for the performance of the required services;

d) 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 required or not;

e) Take all necessary steps to eliminate or remedy any instruction to or interruptions in the performance of the required services;

f) Fully exercise all his rights and discharge all his liabilities under the contract of sale 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.

g) 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;

 

10) 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.

 

11) 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. Likewise where the Company is only able to witness an analysis by the Principal's or by any third party' s laboratory, the Company will provide confirmation that the correct sample had been analyzed but will not otherwise be responsible for the accuracy of any analysis or results.

 

12)

a) The Company undertakes to exercise due care and skill in the performance of its services and accept responsibility only in cases of negligence proven by the Principals.

b) The liability of the Company to the Principal in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to ten (10) times the amount of the fee or commission payable in respect of the specific service required under the particular contract which gives rise to such claims. Where the fee or commission payable relates to a number of services and a claim arises in respect of one of those services the fee or commission shall be apportioned for the purposes of this paragraph by reference to the estimated time involved in the performance of each service.

c) The limit of liability of the Company under the terms of Condition 12.b may be increased upon request received by the Company in advance of the performance of the service to such figure as may be agreed upon payment of additional fees equal to an appropriate fraction of the increase in such compensation or as may be agreed upon.

 

13) 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.

 

14) As used herein, "Confidential Information" shall mean any oral or written proprietary information that a party may acquire from the other party pursuant to the Contract or information as to the business of the other party provided, however, that Confidential Information shall not include any information which:

 

a) Is or hereafter becomes generally known to the public;

b) Was available to the receiving party on a non-confidential basis prior to the time of its disclosure by the disclosing party;

c) Is disclosed to a party by an independent third party with a right to make such disclosure.

 

Unless required by law or by a judicial, governmental or other regulatory body, neither party nor their agents or subcontractors shall use the Confidential Information other than for the purpose of the Contract nor disclose the other‟s Confidential Information to any person or entity without the prior written approval of the other party except as expressly provided for herein.

 

15) The principal will punctually pay not later than 30 days after the relevant invoice date or in such other period as may have been agreed in writing all proper charges rendered by the Company failing which interest will become due at the local official rate of 10 per cent per annum from the date of invoice until payment.

 

In the event of the Company being prevented by reasons 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.

 

a) The amount of all abortive expenditure actually made or incurred.

b) 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.