Terms of Service
Terms of Service Relating to Various Services offered by Remote Control LLC DBA Remote Control CEO (RCCEO):
- You may place an order (“Order”) for the performance of certain services (“Services”) by RCCEO in respect of an inspection subject using the forms on this Website. These Services are detailed on this Website.
- Time is a reference to China Standard Time and business days is reference to working days in China (Monday to Friday from 9am to 6pm).
- All Orders must be placed no later than 12:00 p.m. two business days before the expected date RCCEO is to perform the Service in respect of the inspection subject (“Service Date”). Any Order placed after 12:00 p.m. two business days prior to the Service Date and accepted by RCCEO will incur extra fees and these will be quoted depending on the situation/details.
- You will provide sufficient and accurate details about the inspection subject set out in the Order form, including in respect of products and the acceptable quality level. If you fail to provide sufficient details, RCCEO may, at its discretion, proceed to perform the Services according to its interpretation of relevant standards and common practices.
- RCCEO will rely on the information contained in the Order. RCCEO will not be responsible to correct or amend any typographical, clerical or other error or omission in any Order, or any other document or information issued by you in relation to the Services or Deliverables. You will remain liable for the fees and charges in respect of Services performed in compliance with the Order, notwithstanding any error or omission in that document.
- RCCEO will conduct feasibility validation in respect of Services requested in an Order. RCCEO will inform you if it is unable to perform any of the Services. No Order shall be deemed accepted by RCCEO unless and until confirmed by email by RCCEO.
- RCCEO may, in its sole discretion, reject any Order.
- All Orders are subject to the provisions of these Terms but to the exclusion of any terms you offer or propose and as may be specifically and expressly agreed in writing by RCCEO.
- RCCEO will not be liable for any claims in respect of specific products if:
(a) on the Service Date, less than 80% of products to be inspected are ready for inspection;
(b) RCCEO has stated in the Deliverable that the products have failed inspection and no re-inspection has been completed; or
(c) the inspection is conducted with an acceptable quality level below ‘Level II’ as instructed by you.
- Upon the performance of the Services, RCCEO will also provide certain deliverables (“Deliverables”) consisting of
(a) a report prepared by RCCEO in respect of the particular Services and inspection subject;
(b) a recomendation in respect of the particular Services and inspection subject issued by RCCEO, if so requested by you in the corresponding Order; and
(c) any other deliverable which RCCEO agrees to provide.
- The Deliverables will be delivered to you as an online report, sent by email.
- The Deliverables issued by RCCEO under these Terms reflect RCCEO’s findings at the time and place specified by you and confirmed by RCCEO in respect of the relevant Service and inspection subject.
- You may change or cancel an Order by submitting a change request to RCCEO via reply email to your order confirmation. Such requests must be made before 9:00 am Pacific Standard Time at least one business day before the Service Date. Any cancellation or change request made after 9:00 am Pacific Standard Time but before 6:00 pm on the business day before the Service Date will incur a Late Charge / Cancellation Fee set out here.
- Any cancellation or change request made after 6:00 pm on the business day prior to the Service Date will not be accepted and the relevant Service Fees in respect of the original Order will be charged to you.
Service fees and payment policy
- Our current service fees (“Service Fees”) are set out on the website. We normally calculate our Service Fees according to our standard man-day rates. RCCEO may review and vary the Services and the Service Fees at its discretion.
- The Service Fees include normal travel costs and third party expense if the site for inspection is at a service location in main cities in China. An exceptional travel fee will be charged if RCCEO undertakes an inspection at any other location. The amount of the exceptional travel fee will be agreed on a case-by-case basis upon validation by RCCEO of your booking of Services.
- All amounts due to RCCEO under these Terms will be paid in USD.
- If you are placing an Order, you shall pay the relevant Service Fees to RCCEO prior to the Service Date.
- All costs are to be paid in full by credit card facility on the website prior to any Service taking place.
- Without prejudice to any other right or remedy that it may have, if you fail to pay RCCEO the outstanding amounts on the due date:
- You will pay interest on the overdue amount at the rate of 4% per annum above the best lending rate for the time being of the Hong Kong and Shanghai Banking Corporation Limited. Interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment; and RCCEO may suspend all Services until payment has been made in full.
- Payment by of the Service Fees is without prejudice to any claims which RCCEO may have against you and does not constitute any admission or waiver by RCCEO as to the performance by you of your obligations under these Terms.
- You will:
(a) act conscientiously and in good faith;
(b) co-operate with RCCEO in all matters relating to the Services;
(c) prior to placing an Order, register on the Website Booking Form;
(d) supply RCCEO with accurate, relevant and complete information (to the best of your knowledge), including information regarding the inspection subject;
(e) ensure that RCCEO will have access to all information reasonably necessary for the performance of the Services no later than two business days prior to the Service Date (subject to late submission of Orders in accordance with clause 10.3);
(f) procure access to the inspection subject for RCCEO and its representatives;
(g) whenever relevant, inform RCCEO of all health and safety rules and regulations and any other reasonable security requirements that apply at the premises where the inspection subject is located;
(h) comply with all applicable laws in the performance of the Services; and
(i) inform RCCEO of material matters related to the inspection subject and the performance of the Services.
- The parties will comply with all applicable laws and regulations relating to anti-bribery and anti-corruption, which includes the Prevention of Bribery Ordinance (Cap 201 of the Laws of Hong Kong) and the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, signed on December 17, 1997 under the control of OECD.
- You will not offer, promise or give any undue pecuniary or other advantage, either directly or indirectly, for the purpose of influencing decisions or actions with respect to the subject matter of these Terms or any other aspect of RCCEO’s business to:
(a) government or political party officials or representatives of other businesses or persons acting on behalf of any of the foregoing; or
(b) representatives of RCCEO, where such would constitute a violation of any applicable laws.
Termination of services
- RCCEO may cancel all unperformed Orders immediately by giving written notice to you:
(a) if you fail to pay any amount due under any Order on the due date for payment and remains in default not less than 15 days after being notified in writing to make such payment;
(b) if you are in material breach of these Terms and that breach is incapable of remedy;
(c) if you are in material breach of these Terms and you fail to remedy the breach within seven days after being given written notice to do so by RCCEO; or
(d) if you suffer an insolvency event.
- RCCEO may suspend or stop the performance of Services to you at any time at its sole discretion.
- On the expiry or termination of these Terms, each party will immediately:
(a) cease (and not recommence) using the intellectual property of the other party;
(b) not do or say anything which may be harmful to the reputation of the other party or which may lead any person to reduce their level of business with that party; and
(c) deliver up to other party or to its order all the property of other party (including all confidential information), provided that each party may keep copies of records which it is required by law to maintain.
- If either party is affected by a Force Majeure Event it shall promptly notify the other party of the nature and extent of the circumstances in question.
- Notwithstanding any other provision of these Terms:
(a) neither party shall be deemed to be in breach of these Terms, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under these Terms to the extent that the delay or non-performance is due to a Force Majeure Event of which it has notified the other party; and
(b) the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
- If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate these Terms forthwith on written notice.
- For the purposes of this clause, “Force Majeure Event” means any event giving rise to a failure or delay in the performance of duties and obligations under these Terms that arises from a cause beyond the control of the relevant party that was not due, or substantially attributable, to any failure by that party to exercise due diligence to prevent such failure or delay (including, without limitation, war or threat of war, act of God, natural or nuclear disaster, riot or civil commotion, act of terrorism, malicious damage, fire, flood, or compliance with a law or governmental order or sanctions, rule, regulation or direction.
Limitation of liability
- RCCEO is neither an insurer nor a guarantor and disclaims such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
- Subject to your instructions as accepted by RCCEO (as specified in the terms of reference), RCCEO will issue the Report relating to the facts as recorded by it within the limits of the instructions received and on the basis of the documents and information provided by you, but RCCEO is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.
- RCCEO advice is given only in relation to documents and information provided by you, and RCCEO cannot be held liable if it has received incomplete or erroneous information.
- In the event of false information being given to RCCEO by a third party, RCCEO accepts no liability.
- RCCEO undertakes to use its best efforts and to exercise due care and skill in the performance of its Services, and accepts no liability.
- RCCEO does not repack goods following an inspection; this should be performed by the supplier. Should the client request RCCEO repackage the goods, RCCEO is not liable for any possible damages or losses incurred related to the repacking process.
- Subject to a building structural audit order being placed by you, RCCEO will conduct a visual audit of the property’s appearance and will prepare a descriptive report. RCCEO shall take no responsibility in the case of damage or loss of assets, injury or death arising from problems with the property construction, the materials or with the equipment and how it is operated.
- In the event of RCCEO being held liable in respect to any claim of loss, damage or expense of whatsoever nature and however arising, its liability to you shall in no circumstances exceed two times the total aggregate sum of fees paid for the specific single service for which a claim is made if no approved reference sample was provided by you and three times if an approved reference sample was provided and available for the inspector at the factory on the day of inspection.
- In addition, in case of the Service of pre-shipment inspections :
- Where less than 100% of the production is complete, our responsibility will only extend to those items completed at the time of inspection ;
- The Report does not evidence shipment.
- You shall guarantee and indemnify RCCEO and its servants, agents or subcontractors against all claims made by third parties for loss, damage or expense of nature arising, relating to the performance or non-performance of any service, to the extent that the total sum of such claims exceed the limitation of liability mentioned in Article 25.1
- In the event of any claim, notice must be given to firstname.lastname@example.org within seven days following discovery of the facts, or three months from the completion of the RCCEO Service.