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Disclaimer |
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Disclaimer Policy
Contents on this site are believed to correct and is
attempted to be taken from sources that are believed
to be reliable.
Trade-Easterly.com its owners, employees,
agents or back bone team and persons related to them
do not claim for its trust worthiness or
correctness. Users must see official documents,
directories or other such reliable source for
contact or dealing with the identity or about the
content placed on site for which reference is made
to third party. They may verify genuinity on their
own.
Trade-Easterly.com shall
in no way responsible
for usage of this site directly or indirectly. Users
and advertisers (direct or through google ad sense)
shall indemnify the Trade-Easterly.com, its
owners, employees, agents, and persons related to it
from any loss that may occur due to any contents on
the site and they shall save the Trade-Easterly.com
from any kind of liability arising by their usage
and advertising and dealing in any manner with
Trade-Easterly.com.
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General Conditions of
Service
1. General
Unless
otherwise agreed in writing or except where they are
at variance with
i.
the regulations governing services performed on
behalf of government, government bodies or any other
public entity or
ii.
the mandatory provisions of local law, all offers
made or services provided by Trade-Easterly, or any
of its affiliated companies or any of their agents
(each a “Company”) and all resulting contracts or
other arrangement shall be governed by these general
conditions of service (hereinafter the “General
Conditions”
Trade-Easterly, may perform services for persons or
entities (private, public or governmental including
co-operatives) issuing instructions (hereinafter,
the “client”).
Unless the
Trade-Easterly, receives prior written instructions
to the contrary from Client,
no other party is entitled to
give instructions, particularly on the
scope of the services or the delivery of reports or
certificates resulting therefrom, or the opinion
framed there under or advise and solicitation
rendered or any other tangible or non tangible
services (the “Reports of Findings”) Client hereby
irrevocably authorizes the Trade-Easterly, to
deliver report of findings to a third party where so
instructed by Client, or at its discretion where it
implicitly follows from circumstances, trade custom,
usage or practice. Client hereby further
authorizes Trade-Easterly, to make contracts,
sub-contract the works, assign
whole or part of the work to individual or
any other legal identity or association of persons.
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2. Provision
of Services
a. The company
will provide services using reasonable care and
skill and in accordance with Client’s specific
instructions as confirmed by the Company or, in the
absence of such instructions
i. the
terms of any standard order form or standard
specification sheet of the Company, and or
ii. any
relevant trade custom, usage or practice: and/or
iii. such methods as the Trade-Easterly, shall
consider appropriate on technical, operational
and/or financial grounds
b. Reports of
findings issued further to the testing of
samples/surveying limited stratum/ making
research for particular goods/events/services
samples, surveys strata, events services only and do
not express any opinion upon the lot from which the
samples were drawn.
c. Should
client request that the company witness any third
party intervention, client agrees that the company’s
sole responsibility is to be present at the time of
the third party’s intervention and to forward the
results, or confirm the occurrence, of the
intervention. Client agrees that the
company is not responsible for he condition or
calibration of apparatus, instruments and measuring
devices used, the analysis methods applied the
qualifications, actions or omissions of third party
results. Client agrees that there shall not be
any accountability/responsibility of Trade-Easterly,
on the basis of which client has taken any decision.
d. Reports
of findings issued by the Company will reflect the
facts as recorded by it at the time of its
intervention only and within the limits of the
instructions received or, in the absence of such
instructions, within the limits of the alternative
parameters applied as provided for in clause 2(a).
Trade-Easterly, is under no obligation to refer to,
or report upon, any facts or circumstances which are
outside the specific instructions received or
alternative parameters applied.
e.
Trade-Easterly, may delegate the performance of all
or part of the services to an agent or
subcontractor and client authorizes company to
disclose all information necessary for such
performance to the agent or subcontractor
f.
Should Trade-Easterly, receive documents reflecting
engagements contracted between clients and the third
parties or third party documents, such as copies of
sale contracts, letters of credit, bills of lading,
challans, vouchers, billty etc. they are considered
to be for information only, and do not extend or
restrict the scope of the services or the
obligations accepted by the company.
g. Client
acknowledge that the Trade-Easterly,, by providing
the services, neither takes the place of client or
any third party, nor releases them from any of their
obligations, nor otherwise assumes, abridges,
abrogates or undertakes to discharge any duty of
client to any third party or that of any third party
to client.
h. All samples/data/information
shall be retained for a maximum of one week or such
other shorter time period as the nature of the
sample/data/information permits and then returned to
client or otherwise disposed of at the company’s
discretion after which time company shall cease to
have any responsibility for such samples.
Storage of samples/data/information for more than
one week shall incur a storage charge payable by
client. Client will be billed a handling and
freight fee if samples are returned. Special
disposal charges will be billed to client if
incurred.
i. Any
references shall be made to any other persons or
need to refer the matter to professional arises,
client will be billed accordingly. For all
incidental and auxiliary cost incidences client will
be billed separately in addition to service charges
agreed to.
j. There shall be bill for
estimation and cost
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3.
Obligations of client:
The client
will
a.
Ensure that sufficient information, instructions and
documents are given in due time (and, in any event
not later than 96 hours prior to the desired
intervention) to enable the required services to be
performed. In the event of subletting or sub
contracting the time solicited is yet more and be
discussed in advance and only in case of agreeing to
it service order shall be placed.
b.
Procure all necessary access (wherever required) for
the Trade-Easterly’s representatives to the premises
where the services are to be performed and take all
necessary steps to eliminate or remedy any obstacles
to, or interruptions in, the performance of the
services;
c.
Supply, if required, any special equipment and
personnel necessary for the performance of the
services; unless specifically agreed to procure
locally and for that amount client will be billed
d.
Ensure that all necessary measures are taken for
safety and security of working conditions, sites and
installations during the performance of services and
will not rely, in this respect, on the Company’s
advice whether required or not;
e.
Inform Trade-Easterly, in advance of any known
hazards or dangers, actual or potential, associated
with nay order or samples or testing including for
examples, presence or risk of radiation, toxic or
noxious or explosive elements or materials,
environmental pollution or poisons; in addition
shall inform in advance of the law related to it if
something specific attention is needed to be drawn
to
f.
Full exercise all its rights and discharge all its
liabilities under any relevant sales or other
contract with a third party and at law.
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4.
Fees and Payment
a.
Fees not established between
the Trade-Easterly, and client at the time the order
is placed or a contract is negotiated shall be at
the company’s standard rates (which are subject to
change) and all applicable taxes shall be payable by
client.
b.
Unless a period is established, client will pay in
advance service charges. In exceptional cases
in written agreement where made client will promptly
pay the bill amount within such other period as may
be established by the Trade-Easterly, in the invoice
all fees due to the company and all expenses and
costs incurred for the clients or on behalf of the
clients or incidental or auxiliary to clients
service performed by or agreed to be performed by
company to the company. Failing in such
payment interest will become due at a rate of 2% per
month or such other rate as may be established in
the invoice) from the due date up to and including
the date of payment is actually received.
c.
Client shall not be entitled to retain or defer
payment of any sums due to the Trade-Easterly, on
account of any dispute, counter claim or set off
which it may allege against the Trade-Easterly,
d.
Trade-Easterly, may elect to bring action for the
collection of unpaid fees in any court having
competent jurisdiction.
e.
Client shall pay all of the company’s collection
costs, including attorney’s fees and related costs.
f.
In the event any unforeseen problems or expenses in
the course of carrying out the service the company
shall endeavour to inform client and shall be
entitled to charge additional fees to cover extra
time and cost necessarily incurred to complete the
services.
g.
If the Trade-Easterly, is unable to perform all or
part of the services for any cause whatsoever
outside the company’s control including failure by
client to comply with any of its obligations
provided for in clause 3 above the company shall
nevertheless be entitled to payment of :
i.
the amount of all non-refundable expenses incurred
by the company; and
ii.
a proportion of the agreed fee equal to the
proportion of the services actually carried out. |
5.
Suspension or termination of services
The Company shall be entitled to immediately and
without liability either suspend or terminate
provision of the services in the event of
a.
failure by the Client to comply with any of its
obligations hereunder and such failure is not
remedied within 10 days that notice of such failure
has been notified to Client; or
b.
any suspension of payment, arrangement with
creditors, bankruptcy, insolvency, receivership or
cessation of business by client.
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6.
Liability and Indemnification
a.
Limitation of Liability
i.
The company is neither an insurer nor a guarantor
and disclaims all liability in such capacity.
Clients seeking a guarantee against loss or damage
should obtain appropriate insurance.
ii.
Reports of Findings are issued on the basis of
information, documents and/or samples provided or on
behalf of, client and solely for the benefit of
client who is responsible for acting as it sees fit
on the basis of such Reports of Findings.
Neither the company nor any of its officers,
employees, agents, franchisees or subcontractors
shall be liable to client nor any third party for
any actions taken or not taken on the basis of such
reports of findings nor for any incorrect results
arising from unclear, erroneous, incomplete,
misleading or false information provided to the
company.
iii.
The Company shall not be liable for any delayed,
partial or total non-performance of the services
arising directly or indirectly from any even outside
the Company’s control including failure by client to
comply with any of its obligations hereunder.
iv.
The liability of the company in respect of any claim
for loss, damage or expense of any nature and
howsoever arising shall in no circumstances exceed a
total aggregate sum equal to 10 times the amount of
the fees paid in respect of the specific service
which gives rise to such claim or Indian Rupees
twenty five thousand (or its equivalent in local
currency), whichever is lesser.
v.
The company shall have not liability for any
indirect or consequential loss (including loss of
profits).
vi.
In the event of any claim, client must give written
notice to the Company within 10 days of discovery of
the facts alleged to justify such claim and, in any
case, Trade-Easterly shall be discharged from all
liability for all claims for loss, damage or expense
unless suit is brought within one month from:
the date of performance by the company or service
which gives rise to the claim or the date when
the service should have been completed in the event
of any alleged non performance. This condition
in no way make right to client for making any claim.
This does not instate any kind of liability and it
is within the company’s discretion.
b.
Indemnification :
Client shall guarantee, hold harmless and indemnify
the company and its officers, employees, agents,
franchisees or subcontractors against all claims
(actual or threatened) by any third party for loss,
damage or expense of whatsoever nature including all
legal expenses and related costs and howsoever
arising relating to the performance or
non-performance, of any services. |
7.
Miscellaneous
a.
If any one or more provisions of these General
Conditions and disclaimer are found to be illegal or
unenforceable in any respect, the validity, legality
and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby.
b.
During the course of providing the services and for
a period of one year thereafter Client shall not
directly or indirectly entice, encourage or make any
offer to Company’s employees to leave their
employment. Client shall not offer any gift or any
kind of offerings in any manner whatsoever to any of
the company’s personnel (except for yearly or
occasional gifts such as diary, calendar, kitchen
which client has made for advertisement of his
company).
c.
Use of the Company’s corporate name or registered
marks for advertising purpose or for showing that
standards are being adopted or that there is any
business relation of Client with Trade-Easterly is
not permitted without the Company’s prior written
authorization.
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8. Governing
Law, Jurisdiction and Dispute Resolution
All disputes shall be subject
to jurisdiction in Indian Courts in the Rajkot,
Gujarat India as at present there is
one office i.e. 32/33 B Room Near Stair Case,
Agriculture Produce Marketing Yard, Rajkot, Gujarat
India. The offices of agents including
sub-agents, sub-contractors, employees franchisees
is/are not and shall not be the office/s of the
Trade-Easterly, and are only extension works place
for the work entrusted. Trade-Easterly is not
responsible for any liability that may arises
through such places or persons.
In exclusive cases not
governed above but not limited to above all disputes
arising from the provision of service hereunder
shall, if
a.
provided by the Company to a client both having
their registered offices in the same country, be
governed by an construed in accordance with the laws
of such country and all disputes shall be submitted
to the jurisdiction of the competent court of such
country. If there is equal jurisdiction where
the Office of Trade-Easterly and the clients company
is there, jurisdiction in the geographical area of
the office of Trade Easterly shall apply. The
office of trade-easterly in this clause does not
mean office of the employee, franchisee or partner
or sub-contractor or sub-agent or professional who
is entrusted the work or any other agent of
trade-easterly. Only the office of
Trade-Easterly, if is situated in the client’s
country then only disputed be governed by and
construed in according with the laws of the same
country.
b.
Provided by a U.S. Company to a U.S. Client, be
governed by the substantive laws of the jurisdiction
in which services are rendered exclusive of any
rules with respect to conflicts of laws and all
dispute shall be finally settled under the rules of
commercial arbitration of the American Arbitration
Association. Unless otherwise agreed, the
arbitration shall take place in New York, New York
with each party bearing its own costs. The
arbitrators shall be required to provide a written
opinion detailing the basis and rationale for their
decision.
c.
In all cases which do not fall within the provisions
of (a) or (b) above shall be governed by substantive
Laws of India and jurisdiction of courts shall be
Rajkot, Gujarat and India. However, in
explicit written consent by the trade-easterly,
cases which do not fall may at the discretion of
Trade Easterly and the client, if both wishes, be
governed by the substantive Laws of India exclusive
of any rules with respect to conflicts of laws and
all disputes shall be finally settled under the
Rules of Arbitration, unless otherwise agreed
Arbitration shall take place in New Delhi.
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9.
Languages
These General conditions
and disclaimer policy have been drafted in English
and may be translated into other languages. In
the event of any discrepancy, the English version
shall prevail.
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