BRD Technocrats LLP

Terms & Condition

GENERAL

  • Unless expressly agreed otherwise in writing, all offers or services and all contractual relationships arising therefrom between BRD Technocrats LLP, and the affiliated companies (each hereinafter referred to as "Company") and the client (hereinafter referred to as "Client") (hereinafter referred to as "Contractual Relations") shall be governed by these General Terms and Conditions for Inspection and Analytical Services (hereinafter referred to as "GTC").

  • The written form agreed herewith between the Client and the Company in accordance with these GTC for the preparation and transmission of documents within the scope of their contractual relations (including for offers, acceptances, ancillary agreements, and subsequent agreements) shall also be complied with if this is done electronically.

  • The Client accepts that messages sent via the Internet without encryption can be lost, altered or falsified with or without the intervention of third parties, that conventional e-mails are not protected against access by third parties and that the Company therefore accepts no liability whatsoever for the confidentiality and integrity of e-mails that have left the Company's area of responsibility.

  • Unless the Company receives written instructions to the contrary from the Client prior to the execution of the engagement, no persons other than the Client itself shall be entitled to give instructions to the Company, in particular with regard to the scope of the engagement or the issuance of audit reports or expert opinions.

PROVISION OF SERVICES

  • The Company shall provide its services as agreed with due care in accordance with the Client's specific instructions. In the absence of instructions, the following shall apply:

    • The relevant regulatory requirements, trade customs, usages or practices
    • Such procedures as the Company deems appropriate for technical, operational and/or economic reasons

  • All information in the investigation reports is derived from the results of inspection or analytical procedures applied in accordance with the client's instructions.

  • In the event that the Company is required by the Client to witness third party interventions, the Client acknowledges that the Company's responsibility is limited solely to being present at the time of the intervention.

  • The Company's investigation reports shall exclusively reflect the facts ascertained at the time of the investigation within the framework of the specific instructions given by the Client.

  • The Company shall make available the investigation report in agreement with the Client in digital form and/or in paper form.

PRICES AND PAYMENT CONDITIONS

  • The Client shall pay the Company the agreed prices for the deliveries and services. In the absence of a price agreement, the prices payable shall be determined in accordance with the Company's price lists in force at the time the services are provided. Unless otherwise agreed in writing, payment shall be due without deduction within 14 days of the date of the invoice.

  • Claims of the Company may only be offset or a right of retention may only be asserted if the counterclaim of the Client is undisputed or has been finally determined by a court of law.

  • The Client shall bear all costs incurred in connection with the collection of the claim.

  • The Company is entitled and obliged to adjust the prices at its reasonable discretion in accordance with Indian Civil Code.

LIABILITY

  • The Company is neither an insurer nor a guarantor and declines to assume the associated responsibility.

  • Investigation reports shall be drawn up on the basis of the information, documents and/or samples provided by or on behalf of the client and shall be for the exclusive benefit of the client.

  • The Company shall not be liable for delayed, partial or complete non-performance of services if this results directly or indirectly from events beyond the Company's control.

  • The liability of the Company shall be limited to an amount not greater than the PO value.

  • The limitations of liability do not apply to damages based on gross negligence or intent, as well as in cases of mandatory statutory liability.

  • In the event of claims for damages, the Client shall notify the Company in writing within three months of discovery of the circumstances giving rise to the damage.

  • Claims for damages shall become statute-barred after 24 months, calculated from the statutory commencement of the limitation period.

  • The Client and the Company undertake to keep confidential the business and trade secrets received from the other party within the framework of the contractual relationship.

  • In the course of providing the service, the Company and the Client may mutually gain access to each other's personal data. The parties shall process the personal data only for the fulfilment of the contractual obligations.

APPLICABLE LAW, PLACE OF JURISDICTION, DISPUTE RESOLUTION

  • All disputes arising from the contractual relations between the Client and the Company shall be subject to the application and interpretation of the law of the Indian civil law excluding the provisions of private international law.

  • The exclusive place of jurisdiction for all such disputes shall be the registered office of the Company.