Terms and Conditions

Last updated Oct 12, 2024

 

A) General use of the website

 

1. Background

 

1.1 These terms and conditions ("Terms") govern the use of the website www.aqcgroup.net ("Website"). These Terms are divided into two parts:

 

1. terms relating to general use (accessing and browsing) of the website ("Part A: General use of the Website); and part

2. commercial terms specific to the ordering, purchase and delivery of the Services and Deliverables ("Part B: Commercial terms").

 

1.2 Every time you use or access this Website, you agree to be bound by these Terms.

 

1.3 Our Privacy Policy sets out the terms on which we process any personal information we collect from you or that you provide to us. By using the Website you consent to such processing and you warrant that all personal information provided by you is accurate.

 

1.4 You agree that AQC may, at any time and without notice, modify or discontinue this Website and delete any data that you have provided.

 

1.5 AQC has no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

 

2. About AQC

 

AQC is a trade name for AQC group Company Limited, a private company limited by shares incorporated in Hong Kong ("AQC"). AQC acts in the capacity of an independent third party that provides quality consulting and quality control services for the special purpose of contributing to the prevention of the risks to which the beneficiaries of its services are exposed, and of helping them assure the quality of their products.

 

3. Access to this Site

 

3.1 This Website is owned and operated by AQC. You are not allowed to download or modify any portion of the Website, except with the express written consent of AQC.

 

3.2 Any derivative use of the Website or its contents use of data mining, robots or similar data gathering and extraction tools) is strictly forbidden. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of AQC.

 

3.3 Framing or any other assimilated framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, video, sound, scripts, page layout or form) is not allowed without the express written consent of AQC. You may not use any meta tags or other "hidden text" using AQC's name (or trademarks without the express written consent of AQC.

 

4. Employment Offers

 

4.1 This Website may contain information on employment opportunities within AQC. If you decide to apply for a vacancy we will assume that, by creating an application form or sending us your CV, you are signaling your agreement for AQC to use, hold and destroy any personal data contained in your form/CV for the purpose of considering your application in accordance with our standard recruitment procedures and for the purposes outlined in detail below.

 

4.2 If you apply, you agree to AQC collecting, using, storing and transferring your personal data for the purposes outlined below:
(a) to retain your details on file for up to 12 months and to notify you of any suitable vacancies that arise
(b) for purposes of market research, specifically relating to the improvement of recruitment and HR policies and practices.

 

5. Virus

 

5.1 We do not guarantee that this Website will be secure or free from bugs or viruses.

 

5.2 You are responsible for configuring your information technology, computer programs and platform in order to access this Website. You should use your own virus protection software.

 

6. Linking to our site

 

6.1 You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

6.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

6.3 You must not establish a link to our site in any website that is not owned by you.

 

6.4 We reserve the right to withdraw linking permission without notice.

 

6.5 Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

 

6.6 We have no control over the contents of these third party sites or resources.

 

B) Commercial terms

 

Contents

 

1. General

2. Provision of Services

3. AQC's Obligations and Undertakings

4. Principal's Obligations and Undertakings

5. Invoicing, Fees and Payment

6. Liability and Indemnification

7. Termination of Services

8. Privacy and Data Protection

9. Intellectual Property

10. Miscellaneous

11. Applicable and Governing Law, Jurisdiction and Settlement of Dispute

12. Language

 

1. General

 

1.1 Unless otherwise specifically agreed in writing by AQC group Company Limited (hereinafter called "AQC"), all services provided by AQC are governed by the following general conditions of service, which prevail any purchase terms and conditions.

These conditions include and hereby incorporate by reference the Privacy Policy and the Cookie Policy, as such agreement may be in effect and modified by us from time to time (hereinafter these general conditions of services, along with the mentioned incorporated documents, will collectively referred to as the “Terms of Services”). We reserve the right to change these Terms of Services at any time, such changes shall be binding once posted on the website www.aqcgroup.net in this section. We therefore recommend you access this section regularly in order to check the most recent and updated version of the Terms of Services. You can check the “effective date” posted at the top to see when the Terms of Services were last updated.

1.2 Services carried out by AQC, on behalf of an entity or individual from whom the instructions to act have originated (hereinafter called the "Customer") will be carried out by using techniques and processes that permit an independent, impartial and objective approach. The end result of the Service will consist in a certificate or document (hereinafter called the "Report") communicating the collection of information AQC has been requested to supply and will be delivered as an online report, e-mail, or a written document.

1.3 No other party than the Customer shall be entitled to give instructions to AQC, particularly on the scope of inspection or delivery of Report, unless so authorized by the Customer.

 

 

2. Provision of Services

 

2.1 AQC acts in the capacity of an independent third party that provides quality consulting and quality control services for the special purpose of contributing to the prevention of the risks to which the beneficiaries of its services are exposed, and of helping them assure the quality of their products.

AQC's services (hereinafter singularly and collectively referred to as the "Services") consist of work performed by AQC, including but not limited to:

 

• Quality consulting

• Resident engineer

• Project management

• Factory audits

• Quality inspections of products

• Laboratory testing

• Product sourcing

• Troubleshooting

 

3. AQC's Obligations and Undertakings

 

3.1 AQC expressly reserves the right to act at its own discretion in accepting or declining a request for Services, and cannot be compelled to accept or be held liable for declining a request for Services or products:

 

• Falling out of its scope of activity or specialization.

• Presenting geographical accessibility problems, such as Services to be rendered or products to be found in restricted or highly remote areas.

• Requiring AQQC to obtain special permissions to operate such as governmental permissions.

 

3.2 AQC undertakes to supply the Services it has accepted to carry out in a professional and timely manner, in accordance with proper professional practice and in compliance with:

 

• The Customer's special instructions when ordering the Services and as confirmed by AQC - the terms of reference should be duly signed by the Customer and AQC, and in the absence of such instructions:

• Any relevant professional standard, trade custom, usage or practice.

• Such methods as AQC shall consider appropriate on technical, operational and/or financial grounds.

 

3.3 AQC shall exercise due care and skill in the selection and assignment of its personnel.

 

4. Customer's Obligations and Undertakings

 

4.1 To take all reasonable steps to assure AQC has access to the site and materials on which Services will be based.

 

4.2 To provide AQC with all information and samples, as well as the documents necessary to complete requested Services, in a timely manner (and in any event not later than 48 hours prior to the desired intervention), except for generally available documents such as codes and standards, either directly or through suppliers or agents of the Customer.

 

4.3 To insure that adequate instructions and notice are given to AQC in due time to facilitate proper performance for the Services requested.

 

4.4 To advise AQC of the date on which the Services are to commence, or to be resumed, and also of essential dates affecting the item(s) for which Services are being rendered.

 

4.5 Generally to render all reasonable assistance to AQC in providing necessary instructions, information, documents, safety and security information in connection with the working conditions, required equipment and access (as the case may be).

 

4.6 Documents reflecting engagements between the Customer and third parties or third parties' documents - if received by AQC - are considered to be for information only and do not extend or restrict the scope of the Services or obligations accepted by AQC.

 

5. Invoicing, Fees and Payment

 

5.1 Payment

 

Payment is expected online upon booking prior to the performance of the Services. Should payment occur after the performance of the Services (or more than 24 hours after booking for Testing), an extra 5% charge will be added to the order pricing.

Invoices will be issued upon performance of the services and sent following a scheduled agreed between AQC and the Customer.

AQC offers three payment solutions, accepting both online and offline payments:

 

• Online payments: AQC accepts payments via online service providers as Paypal. Payments settled via these third party payment processing services are subject to their terms and conditions and payment processing fees.
  You may find these terms and conditions on its website at www.paypal.com 
   

• Offline payments: Invoices can be settled offline by transfer (T/T) for an extra +5% handling fee. Monthly invoices are payable immediately upon receipt, each party bearing their own bank charges (including intermediary bank charges if customer's bank doesn't process the transfer themselves). Late payment will incur an interest charge at 1.5% per month, or fraction thereof.

 

5.2 Cancellation charges: we accept cancellation until 4 pm (China Time) the day before the projected Inspection date. After this limit, the Services booked will be charged in full, even if the Inspection cannot happen on the projected day (“Missed Inspection”).

In the event of a “Missed Inspection” caused by the supplier not being able to make the goods available to be inspected by AQC on the projected day, AQC advises its customers to re-charge the Inspection cost to their supplier.

In the case of an Order paid online and cancelled, AQC will credit the buyer's Credit Card account with Paypal Refund solution.

For Laboratory Testing (LT) orders, cancellation is not possible once the Testing has been launched by the Laboratory.

 

5.3 In the event that AQC is being prevented from performing or completing in full requested Services, for any reason beyond its control, such as but not limited to, Force Majeure, wrong information given by Customer or Factory (e.g. goods not ready for Inspection despite information given by Factory,...), the Customer agrees to:

 

5.3.1 Reimburse any expenditure, and out of pocket expenses made or incurred in relation to these Services;

 

5.3.2 Pay proportion of fees due for Services actually rendered and to release AQC from all responsibility for partial or non-performance of the Services.

 

5.4 Customer provided inspection sample(s): If an inspection sample is provided by the Principal and shipped to an AQC office, and then must be re-forwarded by AQC to the Customer's factory, and the shipping charge exceeds $10 USD, then the shipping fee will be automatically added to the final invoice amount.

 

5.5 For Laboratory Testing (LT) orders:

 

5.5.1 Should the quotation given online upon Order booking vary once the Product Samples are received and checked by AQC, it is agreed that: - if the Test price increase is less than 25% or US$ 100, AQC will inform the Customer and launch the Test immediately for quicker processing - if the Test price increase is more than 25% and US$100, AQC will seek Customer's confirmation before launching the Test.

 

5.5.2 The minimum charge for any Lab Test order is US$88 for standard delivery and US$108 for express.

 

5.6 For Inspection and Audit orders: "Man-day" prices communicated by AQC are valid for the on-site execution of the service on the scheduled day(s). Additional services to be rendered, either before or after the actual service, such as but not limited to audit desktop reviews, consulting services, training, workshops, etc. may not be included in the man-day price and will be quoted separately.

 

5.7 Taxes

 

All Orders shall be paid free and clear of all deductions and withholdings for taxes, duties, levies or other charges imposed by federal, state, regional or other governmental authorities in the country of registration of the Customer and the country of Client’s site or under any applicable treaty for the avoidance of double taxation except as required by law. If any deduction or withholding is required by law, Customer shall on the due date for the payment pay AQC such additional amounts as shall, after the making of the deduction or withholding, result in the payment to AQC of the net Order price.

 

5.8 Fees Revision

 

AQC services fees may be adjusted at any time without prior notice to the Customer. The new prices will be effective from the date specified by AQC and will be applicable to all services rendered on or after that date.

 

6. Liability and Indemnification

 

6.1 Limitation of Liability

 

6.1.1 AQC is neither an insurer nor a guarantor and disclaims such capacity. Customers seeking a guarantee against loss or damage should obtain appropriate insurance.

 

6.1.2 Subject to the Customer's instructions as accepted by AQC (as specified in the terms of reference), AQC 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 the Customer, but AQC is under no obligation to report upon any facts or circumstances which are outside the specific scope of its assignment.

​

6.1.3 AQC advice is given only in relation to documents and information provided by the Customer, and AQC cannot be held liable if it has received incomplete or erroneous information.

 

6.1.4 In the event of false information being given to AQC by a third party, AQC accepts no liability.

 

6.1.5 AQC undertakes to use its best efforts and to exercise due care and skill in the performance of its Services, and accepts liability only in case of negligence proven by the Customer.

 

6.1.6 AQC does not repack goods following an inspection; this should be performed by the supplier. Should the customer request AQC repackage the goods, AQC is not liable for any possible damages or losses incurred related to the repacking process.

 

6.1.7 Structural Audits services: subject to a building structural audit order being placed by the Principal, AQC will conduct a visual audit of the property’s appearance and will prepare a descriptive report. AQC 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.

 

6.2 Indemnification

 

6.2.1 In the event of AQC being held liable in respect to any claim of loss, damage or expense of whatsoever nature and however arising, its liability to the Customer 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 the Principal, and five times if an approved reference sample was provided and available for the inspector at the factory on the day of inspection, or an approved AQC office two days prior to the scheduled inspection date subject to the inspection having been performed to an AQL minimum general inspection level II per product reference.

 

6.2.2 In addition, in case of Services 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 constitute evidence of shipment.

 

6.2.3 The Customer shall guarantee and indemnify AQC 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 Services, to the extent that the total sum of such claims exceed the limitation of liability mentioned in Article 6.2.1.

 

6.3 In the event of any claim, notice must be given to AQC official e-mail addresses specified on the AQC website, within seven days following discovery of the facts, or three months from the completion of the AQC Services.

 

7. Termination of Services

 

AQC shall be entitled to automatically either terminate and/or suspend provision of Services in the event that:

 

7.1 The Customer commits any material breach of its obligations under these terms and conditions and/or the terms of reference and (if such breach shall be capable of remedy) fails to make good such breach within ten (10) days of receipt of notice served by the Non-Defaulting Party (AQC) requiring it so to do. Material breaches include, without limitation any willful and deliberate breach by the Principal of its obligations under clause 4 here above;

7.2 The Customer is insolvent or unable to pay its debts, in suspension of payments, or convenes a meeting of or compounds with its creditors or has a receiving order made against it or (other than for the purposes of bona fide amalgamation or reconstruction) has an order made or a resolution passed for its winding up or for the appointment of an administrator to manage its affairs, business and property or has a receiver or administrative receiver appointed over any of its assets or undertaking or if AQC takes or suffers any similar or analogous action in consequence of debt.

 

8. Privacy and Data Protection

 

8.1 In performing the Services, AQC collects, uses and protects personal data according to its Privacy Policy and Cookie Policy, to be deemed as incorporated in these Terms of Services by reference.

 

8.2 AQC shall be at liberty to disclose the order-related documents and/or files anytime to any third-party accreditation and/or recognition bodies for audit or other related purposes unless disagreed with by the Customer in writing at the time of them submitting the applications. No liabilities whatsoever shall attach to AQC's act of disclosure.

 

8.3 AQC will be responsible for the management of all confidential information of Customer obtained or created during the performance of services:

 

• AQC will inform the Client in advance, of the information it intends to place in the public domain. Except for information that the Customer makes publicly available, or when agreed between AQC and the Customer (e.g. for the purpose of responding to complaints, or situations set off in Clause 7.2), all other information is considered proprietary information and shall be regarded as confidential.

• When AQC is required by law or authorized by contractual arrangements to release confidential information, the Customer or individual concerned will, unless prohibited by law, be notified of the information provided.

• Information about the Customer obtained from sources other than the Client (e.g. complainant, regulators) shall be confidential between the Customer and AQC. The provider (source) of this information will be confidential to AQC and will not be shared with the Customer, unless agreed by the source.

• Personnel, including any committee members, contractors, personnel of external bodies, or individuals acting on AQC's behalf, will keep confidential all information obtained or created during the performance of laboratory activities, except as required by law.

 

 

9. Intellectual Property

 

9.1 AQC is and will remain the owner of all possible intellectual property rights and database producer rights relating in general to the provision of the Services, in particular with regard to the techniques and processes it uses to gather the information, the way to present the information, certificates or other documents and the raw information collected during the course of the Services. AQC will be free to host, store and publish all its intellectual property rights and all information collected and to use it for example to offer new kinds of services or to compile data.

9.2 Clause 8.1. here above is stipulated without prejudice of the confidential nature of the Report(s) provided to the Principal and of the rights granted to the Principal to use, reproduce and represent the Report(s) in the normal course of its business and for personal use, worldwide and for the full duration of all intellectual property rights.

 

10. Miscellaneous

 

10.1 The Report will reflect findings of the Services at the time and place of Services. This Report does not discharge sellers and suppliers from their legal and/or commercial obligations towards the Customer.

 

10.2 These Terms of Services embodies the entire understanding between the parties with respect to the subject matter thereof.

 

10.3 In the event that any provision of the matter thereof becomes invalid, the remainder shall not be affected and the parties shall attempt through negotiations in good faith to replace these with provisions corresponding as closely as possible to the original intention.

 

10.4 No failure, delay or forbearance by a party to require performance of, exercise or enforce any right or remedy under the Terms of Services shall be deemed or construed in any manner as a waiver of the right or remedy or of any other rights or remedies nor shall such failure, delay or forbearance operate as a bar to the exercise or enforcement of the right or remedy at any time of times thereafter, and

 

10.5 A waiver of any right or remedy conferred by the Terms of Services shall only be effective if it is given in writing and expressly refers to the relevant right or remedy.

 

11. Applicable and Governing Law, Jurisdiction and Settlement of Dispute

 

11.1 Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Hong Kong Law.

 

11.2 All disputes or differences of any kind whatsoever between the parties in connection with or arising out of the services shall be submitted to the non-exclusive jurisdiction of the courts of Hong Kong.

 

12. Language

 

These terms and conditions have been drafted in English. In case of discrepancy, the English version shall be controlling for all purposes.