General conditions for product conformity assessment services
These General conditions for product conformity assessment services ("GCPCAS") set forth the terms and conditions under which Evertrust International Certification Co., Ltd. ("EIC") provides product conformity assessment services to its clients ("Client" or "Clients"). By requesting or using any of EIC's product conformity assessment services, Client agrees to be bound by these GCPCAS.
EIC shall provide the product conformity assessment services specified in the applicable service agreement, quotation, or order confirmation ("Service Agreement"). The scope of the product conformity assessment services shall be as described in the Service Agreement and any associated documents referenced therein, including but not limited to assessment standards, test methods, and evaluation criteria.
Client shall:
The product conformity assessment process typically includes the following stages:
EIC shall make conformity assessment decisions based on objective evidence collected during the assessment process. Conformity may be determined as compliant, compliant with conditions, or non-compliant. If conformity is determined, EIC shall issue a report or certificate subject to the terms and conditions set forth in these GCPCAS and the Service Agreement.
Client shall provide EIC with samples of the product to be assessed in accordance with the requirements specified by EIC. The samples shall be representative of the product being assessed and shall be provided in sufficient quantity for testing and evaluation purposes. EIC shall handle the samples with reasonable care, but shall not be liable for any loss or damage to the samples unless caused by EIC's negligence or willful misconduct.
Client shall pay EIC the fees specified in the Service Agreement. Fees are due and payable in accordance with the payment terms specified in the Service Agreement. Invoices not paid within the specified payment terms may be subject to late payment charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Client shall also be responsible for all taxes, duties, and other governmental charges associated with the product conformity assessment services.
EIC shall treat as confidential all information provided by Client in connection with the product conformity assessment services, except as required by law or with Client's written consent. Client shall also treat as confidential all non-public information obtained from EIC in connection with the product conformity assessment services.
All intellectual property rights in any materials, reports, certificates, or other deliverables provided by EIC shall remain the property of EIC. Client shall have a non-exclusive, non-transferable license to use such materials solely for the purposes for which they were provided.
To the maximum extent permitted by law, EIC's liability to Client for any claims arising out of or related to the product conformity assessment services shall be limited to the fees paid by Client for the specific product conformity assessment services giving rise to the claim. EIC shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits or business interruption, regardless of the theory of liability.
Client shall indemnify, defend, and hold harmless EIC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Neither party shall be liable for any delay or failure to perform its obligations under these GCPCAS or the Service Agreement if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, riots, strikes, labor disputes, natural disasters, governmental actions, or shortages of materials or equipment.
These GCPCAS and the Service Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of laws principles. Any disputes arising out of or related to these GCPCAS or the Service Agreement shall be resolved through amicable negotiations between the parties. If negotiations fail, the dispute shall be submitted to arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC). The place of arbitration shall be Guangzhou, China, and the language of arbitration shall be English.
These GCPCAS constitute the entire agreement between the parties with respect to the product conformity assessment services and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written. No modification or waiver of any provision of these GCPCAS shall be effective unless in writing and signed by both parties. If any provision of these GCPCAS is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. These GCPCAS shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
Effective Date: June 1, 2023