Inspección y Certificación Global, C.A.
General conditions of service
The Company will provide its services with due care and skill in accordance with the Client’s specific instructions as confirmed by the Company or, in the absence of such instructions, in accordance with:
(1) the terms of any standard order form or standard specification sheet of the Company;
(2) any relevant trade custom, usage or practice; and/or
(3) such methods as the Company considers appropriate on technical, operational and/or financial grounds.
The information contained in the Reports of Findings derives from the results of the inspection or testing procedures carried out in accordance with the Client’s instructions and/or from our assessment of those results on the basis of any technical standard, trade custom or practice, or other circumstances that, in our professional opinion, should be taken into account.
Reports of Findings issued following the testing of samples contain the Company’s opinion on those samples only and express no opinion on the lot from which the samples were taken.
If a Client asks the Company to witness any intervention by a third party, the 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 that the intervention took place. The Client agrees that the Company is not responsible for the condition or calibration of the apparatus, instruments and measuring devices used, the analysis methods applied, the qualifications, acts or omissions of the third party’s staff, or the results of the analysis.
Reports of Findings issued by the Company will reflect the facts as recorded by the Company 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 specified in clause 2(a). The Company is under no obligation to refer to or report on facts or circumstances outside the specific instructions received or the alternative parameters applied.
If the Company receives documents reflecting commitments entered into between the Client and other persons, or documents of other persons such as copies
All samples will be kept for a maximum of 3 months, or for a shorter period if the nature of the sample so allows, and will then be returned to the Client or otherwise disposed of at the Company’s discretion; after that period the Company will cease to be responsible for those samples. If samples are returned, the Client will be invoiced for handling and freight costs. Any costs incurred in disposing of samples will be invoiced to the Client.
The Client shall:
(1) the amount of all non-refundable expenses incurred by the Company; and
(2) the portion of the agreed fees equal to the portion of the services actually performed.
The Company shall be entitled, immediately and without any liability, either to suspend or to terminate the provision of the services if any of the following events occurs:
(a) the Client’s failure to comply with its obligations hereunder, if such failure is not remedied within 10 days of notice of the failure being given to the Client; or
(b) any suspension of payments, arrangement with creditors, bankruptcy, insolvency or cessation of business of the Client.
(a) Limitation of liability:
(1) 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.
(2) Reports of Findings are issued on the basis of information, documents and/or samples provided by or on behalf of the Client and solely for the Client’s benefit; the Client is responsible for acting as it sees fit on the basis of such Reports of Findings. Neither the Company nor its officers or employees accept any liability to the Client or to any third party for actions taken or not taken on the basis of such Reports of Findings, or for incorrect results arising from unclear, erroneous, incomplete, misleading or false information provided to the Company.
(3) The Company shall not be liable for any delay or partial or total failure to perform the services arising directly or indirectly from any event beyond its reasonable control, including the Client’s failure to comply with any of its obligations hereunder.
(4) The Company’s liability for any claim for loss, damage or expense of whatever nature and howsoever arising shall in no circumstances exceed a total aggregate amount equal to 10 times the fees paid for the specific service giving rise to the claim or US$20,000 (or its equivalent in local currency), whichever is lower.
(5) The Company accepts no liability for any indirect or consequential loss, including without limitation loss of profits, loss of business, loss of opportunity and loss of reputation, nor for any costs arising from product recalls. Nor does the Company accept any liability for losses, damage or expenses arising from third-party claims (including without limitation product liability claims) that the Client may have incurred.
(6) In the event of any claim, the Client must notify the Company in writing within 30 days of becoming aware of the facts alleged to justify the claim and, in any event, the Company shall be discharged from all liability for claims for loss, damage or expense unless legal proceedings are brought within one year from: (i) the date on which the Company performed the service giving rise to the claim; or (ii) the date on which the service should have been performed, in the case of any alleged failure to perform.
(b) Indemnification: the Client agrees to guarantee, hold harmless and indemnify the Company and its employees against all claims (actual or alleged) by any third party for loss, damage or expense of whatever nature, including all legal expenses and related costs, howsoever arising in connection with the performance, purported performance or non-performance of the services.
Unless expressly agreed otherwise in writing, any matter arising in relation to the performance, interpretation or termination of these conditions of service shall be governed by the substantive laws of Venezuela and submitted to the Courts and Tribunals of the City of Caracas, the Parties expressly waiving any other jurisdiction to which they may be entitled.
As used hereinafter, “Confidential Information” shall include the Client Information and any oral or written information that one party may obtain from the other party under the Contract, provided that Confidential Information shall not include any information that:
is disclosed by an independent third party entitled to make such disclosure. Unless required by law, neither party may disclose the other party’s Confidential Information to any person or entity, except as expressly provided herein.
Code: ICG.F.AD.017 · Revision: 1.0 · Date: 10/2026