Japan Export Vehicle Inspection Center Company Limited (“JEVIC”)
General Terms and Conditions for Inspection Services
1.0 General
All requests from parties (hereafter referred to as the “Client”) for inspection services (the “Services”) to be performed by Japan Export Inspection Centre Company Limited (hereafter referred to as “JEVIC”) are subject to these General Terms and Conditions for Inspection Services.
Inspection Services may have specific Terms and Conditions which are considered additional to these General Terms and Conditions for Service.
Supplementary terms and conditions may be agreed upon, provided there is compliance with local and national laws and regulations at the place of inspection. Any amendment of these General Terms and Conditions for Service, or additional terms and conditions must be in writing and signed by JEVIC to be binding on JEVIC.
JEVIC will supply all necessary professional and technical related Services to accomplish the inspection and related Services as requested by the Client and agreed to by JEVIC.
JEVIC will provide services using reasonable care and skill in accordance with JEVIC inspection procedures.
1.1. Booking Inspections
All bookings for inspection Services must be in writing and provided in a manner acceptable to JEVIC. Current methods used for bookings are; Fax, E-mail or Internet.
1.2. Price of Services
The price for all Services provided are those referred to in JEVIC’s quotation and/or published list unless agreed otherwise in writing. JEVIC retains all rights to change or modify the Services or may discontinue the Services at JEVIC’s sole discretion.
1.3. Single Unit of Cargo
The inspection is for a single unit of cargo or individual vehicle, unless specifically agreed to in writing and such agreement noted on the inspection certificate.
1.4. Obligations of the Client
The Client will take all necessary care and preparation to supply instructions, information and documentation within sufficient time to permit JEVIC to undertake and complete the inspection services requested.
The Client will allow un-restricted access for inspection purposes to the vehicle/s or cargo that inspection services are requested for.
The Client will make JEVIC and its Inspectors aware of any hazards present in any inspection area or associated in any way with any vehicle/s or cargo, and take all care to minimise these hazards during the performance of any inspection services. JEVIC will not necessarily entrust the safety of its staff to the Client or the Clients representatives and the Client accepts that JEVIC may take action to ensure the safety of its staff. JEVIC may refuse to provide Services if it considers that there are risks to its staff or that it could by doing so breach its duties to its staff.
The Client will supply required specialist equipment or personnel as necessary to permit the execution of the inspection services as required.
The Client will ensure suitable insurances are contracted to adequately cover both itself and JEVIC for any un-intentional incident occurring during the provision of the Services.
1.5. Payment Terms
Payments for Services are to be made within 7 days following the date of issue of invoice. No statement will be issued. Invoices for Services will be rendered in accordance with the agreed terms of trade as outlined herein.
For services purchased over the internet, payment is required prior to service commencement.
All payments are to be made in the currency stipulated on the invoice to the bank account nominated by JEVIC or by such other means as may be notified by JEVIC.
The booking agent/exporter may instruct JEVIC to invoice the consignee however the booking agent/export agent accepts all responsibility for payment should the consignee not complete their payment obligations within one month of the date of issue of the invoice.
If in JEVIC’s judgment the client/booking agent/ export agent’s financial circumstances or payment history do not justify continuation of the existing or previous payment terms JEVIC may:
1.5.1. Require full or partial payment of all monies due; and/or
1.5.2. Require payment in advance for all future Services; and/or
1.5.3. Change the Client/booking agent’s/export agent’s credit terms;.
1.5.4. Require payment for Services before vehicle(s) and/or cargo are released from their premises.
1.6. Work Hours
Unless otherwise stipulated by JEVIC any Services provided are during normal hours of business (between 8.00am – 6.00pm local time). Any Services provided outside of these hours may incur additional charges.
1.7. Transfer of Information
JEVIC will transfer or provide relevant information to a third party or agency where authorised by the Client, or in circumstances which follow general codes of practice or custom or where required in compliance with JEVIC’s lawful obligations.
1.8. Assignment
The Client will not assign or attribute the Services data/information/report to any other vehicle or cargo that is not specifically listed on the inspection reports or to which such data/information does not apply.
Other than as expressly provided in written reports the Services provided do not constitute any form of warranty or opinion with regard to the vehicle or cargo, its merchantability and fitness for purpose.
The Inspection Results are for the individual inspection service requested, and factors outside this scope (either physical or temporal) are not required to be described by JEVIC and JEVIC has no responsibility to report on matters outside the scope or ambit of the agreed Services.
1.9. Advertising
JEVIC’s name or branding or logos shall not be used in any promotional material without the written consent of JEVIC notwithstanding that material, reports or affixings which have been provided by JEVIC for association with the cargo.
1.10. Governing Law
Unless specifically agreed otherwise, Japanese Law will apply to all disputes regarding, arising, or in connection with this contract and all Services requested or provided and the Courts of Law of Japan shall have exclusive jurisdiction in respect thereof.
1.11. Indemnity
The Client will indemnify JEVIC and it’s employee’s against any actions or threat of action, expense, loss, damage or compensation including legal fees incurred as a result of any Third Party action or activity arising from inspections requested by the Client and performed by JEVIC.
In the event that one or more of the provisions of these General Conditions for Inspection Services are found to be unenforceable for any reason, this will not have any effect on the enforcement of the other or remaining clauses of these General Conditions for Inspection Services.
1.12. Liability of JEVIC
In the event that JEVIC is liable for any losses or damages (including in contract or in tort or otherwise) howsoever arising whether they be direct, indirect, consequential or otherwise the total amount of any such liability for all losses or damages flowing, emanating, resulting or arising as a consequence thereof in any manner shall be limited to a maximum amount of 10 times the inspection value or ¥500,000 Japanese yen (whichever is the lesser).
Any claims against JEVIC will be assessed by JEVIC as to the validity of the claim. Claims will be actioned as per JEVIC’s claim resolution process.
1.13. Force Majeure
Each party releases the other party from any claim or responsibility under this agreement where the failure or delay is the result of a force majeure event. Notice of such events shall be given to the other party and reasonable steps taken to mitigate the effects of the event.
1.14. Confidentiality
The Client shall keep information obtained during the course of the provision of Services by JEVIC as confidential, and shall not disclose this information without prior consent.
1.15. Termination/Cancellation
JEVIC may at its sole discretion terminate the provision of Services without penalty or liability where;
1.15.1. The Clients failure to fulfil the conditions provided within.
1.15.2. Termination of this agreement shall be without prejudice to;
1.15.2.1. The rights or remedies of the parties already existing under this agreement or otherwise provided by law and the provisions of 1.12 and 1.15 herein.
1.15.2.2. Any claim for monies due at the date of termination.
1.15.2.3. Any obligations of either party that have arisen under this agreement prior to termination