General conditions of business

1.1The purpose of the company ISI Inspection Services Constanta, is to provide services to goods intended for import, export or transit operations comprising the control of quantity, quality, packaging, labelling, the production data, etc.

1.2ISI Inspection Services Constanta issues certificates and reports according to required services. These activities are performed upon demand by either private or public principals.

1.3 ISI Inspection Services Constanta’s services are performed within the framework of a mission defined by the demander or by application of national or international rules or standards.

2.1 ISI Inspection Services Constanta performs inspections that have been defined by its clients, under instructions ordered by them, in accordance with commercial practice.

2.2 The client shall supply ISI Inspection Services Constanta with all necessary documents (drawings, specifications, samples and specimens) directly or through his supplier, except those documents, which are published and easily obtainable. In cases of doubt ISI Inspection Services Constanta will decide, which documents will have to be supplied by the client.

2.3 All documents, samples and specimens, that were given to ISI Inspection Services Constanta will remain ISI Inspection Services Constanta’s property, without compensation for the supplier, nor will ISI Inspection Services Constanta compensate for samples and specimens, that were destroyed or damaged during control or inspection.

3.1 ISI Inspection Services Constanta gives utmost care, based on normal knowledge, to the execution of the missions, which it has been entrusted with and which are defined in the conditions, which are mentioned in article 1, 2, 3. ISI Inspection Services Constanta performs its services with the care of a conscientious businessman and with application of the technical customs of the specific trade. The purpose of the missions, which are performed by ISI Inspection Services Constanta, is to give the demander information of the appraisal of the compliance of the relevant supplies with the applicable requirements.

3.2 ISI Inspection Services Constanta cannot substitute for contractors, builders, manufacturers, consulting engineers, who, notwithstanding the intervention of ISI Inspection Services Constanta, are not released from any obligation whatever its nature. In particular, ISI Inspection Services Constanta does not declare the acceptance or take delivery of the supplies, which are passed by ISI Inspection Services Constanta surveyors. Any such declaration or acceptance has to be done by the consignee or whoever is bound by contract to fulfill these duties.

4.1 ISI Inspection Services Constanta undertakes to exercise due care and skill in the performance of its services. ISI Inspection Services Constanta will not compensate for damages, loss or expenses arising out of slight negligence. Any such damages, loss or expenses will only be compensated, if gross negligence is proven by the principals.

4.2 The liability of ISI Inspection Services Constanta to the principal in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising shall in no circumstance exceed a total aggregate sum equal to ten 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 purpose of this clause by reference to the estimated time involved in the performance of each service.

4.3 ISI Inspection Services Constanta will not be responsible for any damages, if the fulfilment of services has not been achieved within a certain time. Statements about fixed terms are always without obligation. If a fixed term has been promised, the client may – in case of delay – withdraw his request for intervention only after having accepted a prolongation of at least four weeks.

5 The principal shall guarantee, hold harmless and indemnify ISI Inspection Services Constanta, its servants, agents and sub-contractors against all claims made by any third party for loss, damage or expense of whatsoever nature and howsoever arising relating to the performance, purported performance or non-performance of any services hereunder to the extent that the aggregate of any such claims relating to any one service exceed the limit mentioned in clause 4.2. above.

6 When ISI Inspection Services Constanta acts by delegation of Governments as mentioned in 1.2. its liability is delimited within the framework of International Conventions and National Regulations that govern these interventions.

7 Requests for interventions shall be submitted in writing. They entail the acceptance without reservation of the present General Conditions and of Particular Conditions that may be attached thereto.

8 Any intervention of ISI Inspection Services Constanta whatever its nature whether completed or interrupted by circumstances for that ISI Inspection Services Constanta is not responsible, shall entail the payment of fees upon receipt of the invoice and the reimbursement of the expenses incurred. Fees and reimbursements are due on receipt of the invoice. Interest may be demanded in case of late payment.

9 If a technical disagreement arises between the requesting party and ISI Inspection Services Constanta surveyor, ISI Inspection Services Constanta will designate, at the request of the party, another of its surveyors.

10 The principal agrees with the court that is competent for Romanian legislation.