Please read these terms and conditions carefully before using Our Service.
1. GENERAL
(a) Unless otherwise agreed in writing or except where they are at variance with;
(i) the regulations governing services performed on behalf of public entity or
(ii) the mandatory provisions of local law,
all offers or services and all resulting contractual relationship(s) between Petrospection Limited (hereinafter, the “Company”) and Client (the “Contractual Relationship(s)”) shall be governed by these general conditions of service (hereinafter the “General Conditions”).
(b) The Company may perform services for persons or entities (private, public or governmental) issuing instructions ( hereinafter, the “Client”).
(c) Unless the Company 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. Client hereby irrevocably authorises the Company to deliver reports and certificates to a third party where so instructed by Client or, at its discretion, where it implicitly follows from circumstances, trade custom, usage or practice.
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 regulatory guide- lines, trade custom, usage or practice; and/or
(iii) such methods as the Company shall consider appropriate on technical, operational and/or financial grounds.
(b) Information stated in certificates or reports is derived from the results of calibration, inspection or testing procedures carried out in accordance with the instructions of the Client, and/or our assessment of such results on the basis of any technical standards, trade custom or practice, or other circumstances which should in our professional opinion be taken into account.
(d) Should the Client request that the Company witnesses any third-party intervention, 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 the occurrence, of the intervention. The Client agrees that the Company is not responsible for the condition or calibration of apparatus, instruments and measuring devices used, the analysis methods applied, the qualifications, actions or omissions of third-party personnel or the analysis results.
(e) 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 specific instructions received by the Client or, in the absence of such instructions, within the limits of the alternative parameters applied as provided for in Clause 2 (a). The signed reports or certificates (manually or electronically signed) is the only legally binding document (see Clause 2 (f)). The Company 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 under Clause 2 (a).
(f) The Company shall provide the reports and certificates according to the agreement with the Client either/or in electronic form or in paper form. In absence of an agreement, it will be in the Company’s sole discretion if it will deliver in electronic or paper form. The reports and certificates in paper form is an original. If the reports or certificates will be transmitted in electronic form, it will be regarded as an original. When transmitted in electronic form, the Company assumes no responsibility as to whether the electronic form will suffice the purposes of the Client. When transmitted in electronic form, the reports and certificates will be presented in a digitally signed pdf format.
(g) The Company may delegate the performance of all or part of the Services to a subcontractor. The Company may disclose all information necessary for such performance to the subcontractor.
(h) By providing the Services, the Company neither takes the place of the Client or any third party. The contract which forms the basis of the Services shall not affect any contractual relationships between the Client and third parties.
3. 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) Certificates and reports are issued on the basis of information, documents and/or samples provided by, 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 Certificates. Neither the Company nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Certificates and reports nor for any incorrect results arising from unclear, erroneous, incomplete, misleading or false information provided to the Company.
(3) The Company shall not be liable for any delayed, partial or total non-performance of the services arising directly or indirectly from any event outside the Company’s control including failure by Client to comply with any of its obligations hereunder.
(4) 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 two (2) times the amount of the fee paid in respect of the specific service which gives rise to such claim or US$7,999 (or its equivalent in local currency), whichever is the lesser.
(5) The Company shall have no liability for any indirect or consequential loss including without limitation loss of profits, loss of business, loss of opportunity, loss of goodwill and cost of product recall. It shall further have no liability for any loss, damage or expenses arising from the claims of any third party (including, without limitation, product liability claims) that may be incurred by the Client.
(6) In the event of any claim, Client must give written notice to the Company within 30 days of discovery of the facts alleged to justify such claim and, in any case, the Company shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from:
(i) the date of performance by the Company of the service which gives rise to the claim; or
(ii) the date when the service should have been completed in the event of any alleged non-performance.
(b) Indemnification:
Client shall guarantee, hold harmless and indemnify the Company and its officers, employees, agents 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, purported performance or non-performance, of any services.
4. FORCE MAJEURE
In the event, that the Company is prevented, in whole or in part, from fulfilling its obligations arising from the Contract for reasons beyond the Company's control ("Force Majeure"), such as natural disasters, war, terrorist activities, labour disputes or pandemics, the Company shall be released from its obligation to perform and shall not be responsible for the portion or total failure to perform its obligations arising from the Contract. In this case the Customer shall pay to the Company:
- the expenses incurred by the Company due to the failure to perform under the contract;
- a portion of the agreed payment corresponding to the actual proportion of the services carried out (if applicable).
In the event, that the Company is prevented from fulfilling its obligations arising from the Contract for more than 3 months due to force majeure, either party shall be entitled to terminate the Contract with immediate effect.
5.SUSPENSION OR TERMINATION OF SERVICES
The Company shall be entitled to immediately and without liability either suspend or terminate provision of the Services or to terminate the Contract without advance notice in the event of:
(a) failure by the Client to comply with any of its obligations under the contractual relationships and such failure is not remedied within 10 days that notice of such failure has been notified to the Client; and/or
(b) any suspension of payment or agreement to avoid insolvency after payments due to be made by the Client were demanded several times, cessation of business or compulsory administration on the part of the Client.
Our Team will be glad to be of assistance and guide you through a detailed step-by-step process of how we will work towards achieving your goal. Get in touch with us today and we will assist you with your inquiry across Kenya, Uganda, Tanzania, Rwanda, Burundi and Ethiopia.