GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES
v.8-221017
1. The executor is a legal entity that provides services to the Customer.
2. The relations between the parties are governed by these General Terms and Conditions and specified by agreements (contracts) with the Customers. If the parties do not conclude the contract in writing, the terms of the public offer apply, the text of which is located on the publicly available official website of the Contractor at the address: https://inconsulting.com.ua/uk/comp-inf-ua/publichna-oferta.html.
3. The executor is an enterprise that carries out activities in the field of expertise, research and testing.
4. Executor:
4.1. provides standard services described on the website located on the Internet at the address (URL): inconsulting.com.ua;
4.2. provides such "special services" as may be offered by the Contractor from time to time in each specific case depending on the conditions;
4.3. provides reports and/or protocols and/or conclusions and/or certificates that may relate to standard and/or special services.
5. To provide services, the Contractor may involve third parties without the consent of the Customer. At the same time, the Contractor is responsible for the actions of third parties as for his own.
6. Under the condition of performance of works or provision of services abroad, the Customer is obliged to:
6.1. ensure the timely provision of instructions and all necessary information to the Contractor for the effective performance of the necessary services;
6.2. to ensure the necessary access to the Contractor's representatives for the possibility of effective performance of the necessary services;
6.3. provide, if necessary, any special equipment and personnel necessary to perform the necessary services;
6.4. ensure that all necessary measures are taken to maintain safe working conditions, workplaces and equipment, and do not rely on the advice of the Contractor, whether they are needed or not. The Customer agrees that the Contractor and his employees may exercise the right to suspend work in any circumstances when the working conditions are considered by his employees (or another representative of the Contractor) to be dangerous and contrary to safe working conditions. Notification of such termination of work may be made by the Contractor orally (subject to written confirmation within 48 hours). After such notice, the Contractor shall be released from any obligation to continue providing services under the contract, unless the Customer fully corrects the circumstances to the Contractor's full satisfaction. During the period of service suspension,
6.5. take all necessary measures to eliminate or correct obstacles or delays in the provision of necessary services;
6.6. fully exercise all its rights and fulfill all its obligations under all relevant contracts, regardless of whether the resulting document was issued by the Executor or not.
7. In case of purchase by the Contractor of auxiliary substances, the following conditions apply:
7.1. The Contractor will make, within reasonable limits, all efforts and apply accumulated experience so that, based on the information and samples provided by the Customer:
7.2. identify and recommend the type of auxiliary substances and the quality of such substances, according to the instructions of the Customer;
7.3. identify products, excipients and recommend the ratio of such products and excipients for mixing.
8. The Contractor is not responsible for the delay or inability to supply or deliver auxiliary substances in accordance with the instructions of the Customer, if such delay or inability to supply or deliver them is the result of events beyond the reasonable control of the situation on the part of the Contractor or suppliers.
9. The customer is and in all situations remains solely responsible for his decisions regarding auxiliary substances, their quality and quantity, the supply and use of which must be organized.
10. The contractor is not responsible for losses, costs and expenses and / or losses suffered by the customer in the event that:
10.1. auxiliary substances ordered by the Customer were modified, changed or their formula was violated in some other way, or such auxiliary substances did not lead to the expected result during their use, or;
10.2. non-compliance with the Contractor's instructions regarding the use and mixing of auxiliary substances took place, or;
10.3. the information provided by the Customer was incorrect, incomplete or inaccurate, or the Customer in any other way violated its obligations and guarantees, or
10.4. The customer is in a position to take available reasonable measures to reduce such losses, legal and other costs and/or damage.
11. The contractor is not responsible for any adverse results related to the possibility or impossibility of heating, circulation, transfer and mixing of cargo by transferring from tank to tank, heating, operation of pumps and pipeline network.
12. Neither party shall be liable to the other party for indirect costs (including, but not limited to, loss of expected profit, delays and demurrage, loss of operational quality or forced interruption of economic activity.
13. Since the Contractor provides and/or sells goods (as opposed to services) to the Customer (together with the services or separately from them), and such goods were purchased by the Contractor from a third party, the Contractor does not give an unequivocal guarantee as to the quality of such goods or their intended suitability. However, at the Customer's written request, the Contractor assigns (to the extent possible) its rights against such third party.
14. Nothing in these General Terms and Conditions limits or excludes the Contractor's responsibility:
14.1. for death or injury due to negligence; or
14.2. for damage or liability incurred by the Customer as a result of fraud or intentional misrepresentation by the Contractor; or
14.3. for any liability that cannot be limited or excluded by law.
15. This Condition, clause 14, establishes the full financial responsibility of the Contractor (including responsibility for the actions or inaction of its employees, agents and subcontractors) to the Customer regarding any violation of these general conditions, any use of services by the Customer and any approval, claims or tortious acts or omissions (including negligence) arising in connection with these general conditions.
16. The Customer guarantees payment of compensation to the Contractor and its management, employees, agents or subcontractors for all claims presented by a third party for damages or expenses of any nature and origin, related to the performance, possible performance or non-performance of the contractual terms, that caused such damage and/or losses.
17. In the event of any unforeseen difficulties or costs during the performance of any contractual service, the Contractor has the right to charge an additional fee to cover the additional time and costs inevitably incurred for the provision of the service.
18. The Contractor has the right at any time to unilaterally terminate contractual relations with the Customer, immediately notifying the Customer, if:
18.1. The Customer commits a significant violation of any item from these General Terms and does not correct this violation within 10 days after informing the Customer about the violation in writing (the impossibility of payment is also a significant violation); or
18.2. an order has been issued or a decision has been made to liquidate the Customer, or circumstances have arisen that entitle a court of competent jurisdiction to make a decision on the Customer's liquidation; or
18.3. an order has been issued or documents have been submitted to a court of competent jurisdiction on the appointment of an administrator to manage the affairs, business activities and property of the customer; or
18.4. a liquidator of any of the Customer's assets or enterprise is appointed, or circumstances arise that entitle a court of competent jurisdiction to accept a court order appointing the Customer's liquidators or arbitration manager; or
18.5. Customer enters into any arrangement or compromise agreement with its creditors or petitions a court of competent jurisdiction to protect its creditors in any way; or
18.6. The customer ceases or threatens to cease economic activity; or
18.7. The Customer takes any similar or similar action in any jurisdiction as a result of the debts; or
19. The Contractor has the right at any time to unilaterally refuse the Customer (customer's representative) to provide services before their commencement and thereafter in cases, if:
19.1. The Customer (Customer's representative) cannot clearly explain what the task for research (examinations, tests) consists of; or
19.2. The Customer (Customer's representative) is unwilling or refuses to provide the information required for the study, provides it insufficiently, or provides questionable information that is difficult to verify; or
19.3. There are reasons to suspect that the provided information/documents contain false or forged information (in particular, significant inconsistencies and significant errors are evident); or
19.4. It is impossible to contact the Customer (Customer's representative) with the help of the data provided by him, in particular at the address of location, residence or at the indicated phone number and e-mail; or
19.5. The Customer (Customer's representative) is nervous for no apparent reason or exhibits atypical behavior; or
19.6. The Customer (Customer's representative) exhibits aggressive behavior (actions) directed at the Contractor's employees and/or other persons who are in the Contractor's premises and/or territory, namely, commits actions that cause or may cause moral and/or material damage to other natural persons and/or property of the Contractor. Aggression can, but not exclusively, manifest itself in the threat of beating individuals, in the threat of destruction of property, other threats, in verbal insults, hostile taunts, jokes, and also includes indirect forms of physical and verbal aggression (hostile facial expressions, gesticulation, etc.); or
19.7. The Customer (Customer's representative) cancels the study after the Contractor has requested relevant supporting documents and/or clarifications from him; or
19.8. The Customer (the representative of the Customer) insists on the urgency of conducting the research, demonstrating nervous behavior, without the presence of obvious reasons (pretexts); or
19.9. The Customer (the representative of the Customer) offers money, gifts or other form of gratitude to the employee for conducting research in an unusual or suspicious way; or
19.10. The information provided by the Customer (the Customer's representative) contradicts that contained in public sources; or
19.11. The customer unusually and excessively justifies or explains the need for the investigation, emphasizing the absence of any connection with illegal activities; or
19.12. The nature of the research and/or the circumstances under which it is initiated give reason to believe that it is being carried out on behalf of and/or for the benefit of another party whose identity has not been disclosed; or
19.13. The representative of the Customer does not have a clear and understandable relationship with the Customer (for example, the person is not a relative, family member, lawyer, trustee, employee)
20. In the event of termination of any or all contracts for the provision of services for any reason, the Customer immediately pays the Contractor all unpaid invoices and fines; and also pays for all services provided that have not been invoiced.
21. The Contractor has the right to make amendments, additions and exclude any of these Terms. Further, the Customer agrees that such amendments, additions and exceptions shall become effective immediately after notice of such changes appears on the Contractor's website (or when such notice is sent to the Customer by e-mail).
22. If any provision (or part of a provision) of these general terms and conditions is held by any court or administrative body of competent jurisdiction to be invalid, the remainder of the terms will remain in effect.
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