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Inspección y Certificación Global, C.A.

Terms and Conditions

General conditions of service

1. General provisions

  1. Unless otherwise agreed in writing, or except where they conflict with (i) the regulations governing services performed on behalf of Governments, governmental entities or other public entities, or (ii) mandatory provisions of local law, all offers, all services and all resulting contractual relationships between ICGLOBAL (defined as the “Company”) and the Client (the “Contractual Relationships”) shall be governed by these general conditions of service (hereinafter the “General Conditions”).
  2. The Company may provide its services to persons or entities (private, public or governmental) that issue instructions (hereinafter the “Client”).
  3. Unless the Company receives prior written instructions to the contrary from the Client, no other party is entitled to give instructions, particularly regarding the scope of the services or the delivery of the reports or certificates resulting from them (the “Reports of Findings”). The Client hereby irrevocably authorises the Company to deliver the Reports of Findings to a third party if the Client so wishes, or at the Company’s own discretion where this is implied by the circumstances, trade custom, usage or practice.

2. Provision of services

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.

3. Client obligations

The Client shall:

  1. ensure that sufficient information, instructions and documents are provided in good time (and in any event no later than 48 hours before the desired intervention) to enable the requested services to be performed;
  2. provide the Company’s representatives with all necessary access to the premises where the services are to be performed and take all necessary steps to remove or remedy any obstacles to or interruptions in the performance of the services;
  3. supply, where applicable, any special equipment and personnel necessary for the performance of the services;
  4. ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of the services, and not rely in this respect on the Company’s advice, whether requested or not;
  5. inform the Company in good time of any known actual or potential hazards or dangers associated with any order, sample or test, including, for example, the presence of radiation risks, toxic, noxious or explosive elements or materials, environmental pollution or poisons; (f) fully exercise all its rights and discharge all its obligations under the relevant sales contracts or other contracts with third parties and at law.

4. Fees and payment

  1. Where fees have not been established between the Company and the Client when an order is placed or a contract is negotiated, they will follow the Company’s standard rates (which are subject to change), and all applicable taxes will be payable by the Client.
  2. Unless a shorter period is stated on the invoice, the Client shall pay the invoice no later than 30 days after the invoice date or within any other period set by the Company on the invoice (the “Due Date”). If payment is not made on the stipulated date, the Client agrees to pay late-payment interest at a rate of 1.5% per month (or any other rate stated on the invoice) from the Due Date up to and including the date on which payment is actually received by the Company.
  3. The Client may not withhold or defer payment of any sum owed to the Company on account of any dispute, counterclaim or set-off it may allege against the Company.
  4. The Company may decide to bring an action to collect unpaid fees before a court of competent jurisdiction. (e) The Client agrees to pay the Company all collection costs, including legal fees and other related costs.
  5. If unforeseen problems or expenses arise in the course of performing the services, the Company shall inform the Client and shall be entitled to charge the additional fees it necessarily incurred to perform its services.
  6. If the Company is unable to perform all or part of the services for any cause beyond its reasonable control, including the Client’s failure to comply with any of its obligations under clause 3 above, the Company shall be entitled to payment of:

(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.

5. Suspension or termination of services

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.

6. Liability and indemnification

(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.

7. Miscellaneous

  1. If one or more provisions of these General Conditions 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.
  2. During the provision of the services and for a period of one year thereafter, the Client shall not directly or indirectly entice, encourage or make offers to the Company’s employees to leave their employment with the Company.
  3. The Company’s corporate name or registered trademarks may not be used for advertising purposes without the Company’s prior written authorisation.

8. Governing law, jurisdiction and dispute resolution

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.

9. Confidentiality

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:

  1. is or becomes generally known to the public;
  2. was available to the receiving party on a non-confidential basis before its disclosure by the disclosing party;

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.

10. Statement of impartiality and mapping of relationships

  1. The Company carries out its inspection and certification activities under the principles of strict impartiality, technical independence and objectivity, in compliance with the requirements of ISO/IEC 17020:2012. Accordingly, acceptance of these General Conditions constitutes a mutual commitment between the Company and the Client to identify transparently any relationship that could compromise the integrity of the service.
  2. If a potential relationship or conflict of interest is identified before the service is performed, the Client undertakes to report it immediately by email. The Company will automatically activate the safeguard protocols of its Quality Management System and replace the technical staff involved, ensuring that no technical judgement is biased or compromised, without this entailing any financial penalty or delay attributable to the parties.
  3. Otherwise, the system will assume that no relationships exist and will declare the service suitable to proceed.

Code: ICG.F.AD.017 · Revision: 1.0 · Date: 10/2026