TERMS AND CONDITIONS OF BUSINESS
These Terms & Conditions of Business may be modified only by a Senior Director of WAV International Limited and any such modification will be agreed in writing.
Afri-inspect is a trading name of WAV International Limited and provides inspection services consistent with the services provided by WAV International Limited and in accordance with the Terms and Conditions herein.
Breach of confidentiality & accidental breach of confidentiality All and any electronic communication, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom it is addressed. If you have received a communication in error, please notify the system manager. Messages may contain confidential information and are intended only for the individual named. If you are not the named addressee you should not disseminate, distribute, or copy any such communication. Please notify the sender immediately by e-mail if you have received a communication by mistake and delete such from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited.
Transmission of electronic viruses
WARNING: Computer viruses can be transmitted via email. The recipient should check for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted. Transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of any message, which arise because of e-mail transmission. Warning: Although WAV International Limited has taken reasonable precautions to ensure no viruses are present in its communications, the company cannot accept responsibility for any loss or damage arising therein.
GENERAL TERMS & CONDITIONS
WAV International Limited provides independent inspection services only and exclusively in accordance with the following Terms and Conditions of business. These are applicable to and govern all work carried out by or on behalf of WAV International Limited and/or Afri-inspect. Hereafter referred to as “WAV International”
1. WAV International supplies or provides the following services:
2. WAV International will use reasonable skill and care to provide such services in accordance with clients' specific instructions (provided such instructions have been agreed and are both reasonable and lawful). However, it is agreed that when circumstances dictate, at the sole option of WAV International, the Company may alter the provision of the services and deviate from the Client’s instructions.
3. Inspection reports and certificates supplied by WAV International are issued to clients for their exclusive use and not for the use of any other party. Furthermore, the report may only be used for the purpose for which it was commissioned. No liability whatsoever is accepted if they are used for any other purpose. Possession of a WAV International report or certificate by any other party does not constitute any representation by WAV International of any matter stated in said report to any party other than the Client. WAV International shall have no liability to any third party who may obtain a copy of the report.
4. WAV International will not be responsible for either total or partial non-execution of the client's instructions which WAV International cannot perform due to limitations placed on its performance by any third parties or any acts of God or force majeure events (force majeure events to include, but are not limited to, severe weather, flooding, earthquakes, landslides, any other natural acts of God, fires, accident, explosions (except where caused by the negligence of the party seeking to invoke the force majeure act) wars, strikes, acts of Government requisition, control or intervention, riots, civil commotions, acts of terrorism, acts of piracy, any other similar cause beyond the reasonable control of either party.
5. The responsibility of WAV International, its agents, subordinates and representatives is, where possible, to execute the clients' instructions. However, WAV International shall have no liability to the client whatsoever, other than for claims arising through the negligence, recklessness or willful misconduct of WAV International. The burden of proof being upon the client.
6. The total liability of WAV International for any loss, damage, suit, action or claim for negligence arising from or in connection with the services provided shall not exceed three times the amount billed to the client for the work leading to such claims or, US$25000 (twenty five thousand US dollars or equivalent in local currency) whichever is the lesser.
7. All claims must be made in writing and sent to WAV International via registered mail within 45 days of the date of the relevant WAV International report. Failure to give such written notice within 45 days, shall exclude any claim in connection with the said work. Under no circumstances will any claim be considered unless all fees and expenses due to WAV International have been paid in full without discount. In any event, if proceedings have not been commenced within 270 days of the date of the relevant report, the matter will be absolutely and completely time barred.
8. In the event that any analytical requirements dictate the analysis of samples by a laboratory which is not owned or operated by WAV International, WAV International does not warrant nor guarantee the work of the laboratory and will not be liable for the work of the laboratory. WAV International will communicate the result provided by the laboratory in good faith and without assuming responsibility for its accuracy. This reservation as to accuracy is equally applicable if WAV International witnesses the analysis, in which case the only confirmation it provides are the observations made.
9. No employee, agent, or subcontractor of WAV International (other than UK Senior Directors) has the authority to alter or waive any of the foregoing provisions or make any representation which will in any way conflict with or override any of the foregoing provisions, and no such alteration, waiver or representation shall be binding upon WAV International unless in writing and signed by a Senior Director of WAV International Limited.
10. Fees charged to clients are based on the settlement of all monies due within THIRTY (30) days of the date of invoice. No supplier credit is intended, and WAV International reserves the right to revert charges to standard book tariffs on any invoice not paid within SIXTY (60) days of the date of invoice. Thereafter the Company reserves the right to charge interest on the revised balance at an interest rate of 2% above the standard variable Bank rate per month on all outstanding accounts. Individual invoices, if queried, should under no circumstances cause delay in payment of other undisputed monies due and owing.
11. WAV International will agree, when necessary, to invoice several individual clients for a single inspection strictly on the understanding that such clients accept the terms and conditions herein. Where second and/or subsequent clients refuse acceptance of charges, the nominating principal shall be responsible for payment of the additional outstanding amounts.
12. These Terms and Conditions are governed by English Law. Any dispute will be referred to the exclusive jurisdiction of the English Courts to whose jurisdiction the Parties agree whatever their domicile may be.
Terms and Conditions of Business Issued by WAV International Limited – January 2021