1. General conditions:
(a) All services provided by OQQSA Bulgaria EOOD and any resulting contractual relationship between any of the companies belonging to OQQSA Bulgaria EOOD or any of the agents of the Company (each referred to as the “Company”) and the Client (“Contractual Relations”) are conditional of these terms and conditions (hereinafter referred to as the “General Terms and Conditions”). Unless otherwise agreed in writing or when the General Terms and Conditions conflict with the mandatory requirements of a state regulation or the rights of legal entities authorized by the state;
(b) The Company may provide services to individuals and institutions (including private, public or state), which will be referred to as “Client”;
(c) No other party is authorized to provide instructions, especially in the field of services related to quantitative and qualitative control and emergency findings and the resulting documents (Emergency protocols, conclusions). Unless OQQSA Bulgaria EOOD has received written instructions for the same from the Client;
By written confirmation, the Client authorizes the Company to provide Emergency Protocol to a third party. It must be instructed by the Client. The company may, at its sole discretion, do so only when it is unconditionally imposed by circumstances, generally accepted rules, established rules and professional practice.
(a) The Company provides its services, applying the necessary skills and attention, in accordance with the specific requirements of the Client. If not, only the Company approved and accepted requirements applicable to the case shall be followed:
- Terms and conditions of any approved standard form of the Company; and/ or
- Any credible conditions, consistent with generally accepted rules, established rules and professional practice; and/ or
- Such means and methods as the Company deems appropriate technically, operationally and/ or financially.
(b) The information set out in the Accident Protocol is based on the results of the inspection and / or tests performed, in accordance with the Client requirements, and / or at our discretion – in cases where we believe that due to circumstances, generally accepted rules, established rules and professional practice, our professional opinion must be taken into account;
(c) The test results set out in the Accident Protocols are based on tests performed on samples. The company only gives opinions and results on specific samples taken and in no case on the source from which those samples were taken;
(d) If, at the request of the Client, the Company is required to accept the presence of a third party during the inspection, the Client accepts that the sole responsibility of the Company in such case is to be present when the third party presents itself and to present the results or confirm the event due to its/ third party/ intervention.
The Client accepts that the Company is not responsible for the condition or calibration of equipment, tools and instruments, nor for the applied analytical methods, qualifications or omissions made by third parties or in the results of the analyses;
(e) The Accident Protocols issued by the Company only reflect the facts (as recorded in the minutes) ascertained at the time the Company visited the site /event/ in accordance with the instructions received. Or, in the absence of such instructions, in accordance with the requirements of the applicable alternative parameters, as provided for in 2 (a). The Company is under no obligation to take into account or report facts or circumstances beyond the scope of the specific instructions received or the applicable alternative parameters;
(f) The company is entitled to delegate to an agent or provider the performance of all or part of the services. In such a case, the Client authorizes the Company to provide the necessary information to perform the service of an agent or a provider;
(g) If the Company receives documentation relating to documented contractual obligations between the Client and third parties, such copies of contracts, credit notices, bills of lading etc., they shall only be reported as informative. They will not extend or limit the scope of the services or obligations assumed by the Company;
(h) The Client accepts that the Company providing the services does not take the place of the Client or third parties, nor does it release them from liability. It by no means assumes, limits, cancels or guarantees liability of the Client to third parties, as well as no liability of third parties to the Client.
3. Client Obligations.
The client is obliged to:
(a) provide adequate information, instructions and documentation, submitted in time to help conduct the necessary services;
(b) provide access to the Company representatives to the premises / places where inspections, samples, etc. should be carried out/ by taking measures to prevent possible obstacles during the inspections;
(c) provide the necessary specialized equipment or personal protective equipment when carrying out the inspections;
(d) provide assurances that all samples have been taken in a way that meets the requirements of occupational safety;
(e) inform the Company promptly of any hazards, whether actual or potential, related to the inspection. For example, for the existing risk of radiation, intoxication, radiation, the presence of explosive or harmful materials, the risk of environmental contamination, etc. when sampling.
4. Fees and payment:
(a) Fees not established between the Company and the Client at the time of the request or at the time of signing the contract shall be charged on the basis of the Company standard rate (subject to change). All additional costs are at the expense of the Client.
(b) The Client is obliged to pay all the fees due and the amount of the respective invoice no later than 30 days after receiving the invoice, unless it specifies another payment period. It will incur a penalty interest of 1.5% per month, which will run after the expiry of the invoice payment deadline;
(c) The Client shall not be entitled to delay or withhold payments of any amounts due to the Company based on any other dispute, counterclaim or postponement and to justify with them the postponement of payments to the Company;
(d) The company has the right to file a claim for debt collection in any court of jurisdiction;
(e) The Client shall pay all the expenses of the Company for the collection of the unpaid debts, including attorney fees, etc.;
(f) In case of unforeseen problems, extra time for inspections or additional costs in carrying out them, the Company should inform the Client accordingly. Thus it shall be entitled to add the additional costs, covering the expenses incurred for providing the service, at the expense of the Client;
(g) If the Company is unable to complete all or part of the inspection for reasons beyond its control, or if the Client fails to comply with its obligations under clause 3 of present General Terms and Conditions, the Company is entitled to claim payment of:
- the amount of all costs incurred and the financial benefits lost to the Company.
- part of the agreed fee corresponding to the work actually performed by it.
5. Service termination.
The Company is entitled immediately and without any liability to terminate the services provided/ inspections, samples, etc./ in the following cases:
(a) The Client fails to perform any of the aforementioned duties and within 10 days fails to correct their failure. They shall then receive notice of termination of services by the Company;
(b) In case the Client terminate payments on accounts payable, their insolvency or business suspension.
6. Liabilities, precautions and damages:
(a) Obligations scope:
- The Company is neither an insurer nor a guarantor, and in this sense denies this kind of responsibilities and obligations. Clients seeking guarantees against loss and damages should obtain adequate insurance for this purpose.
- Accident Protocols are issued based on information, documentation and / or samples provided by the Client. These protocols are solely for the benefit of the Client. Neither the Company nor any of its employees, agents or sub-agents shall be liable to the Client or third parties for actions taken or not taken on the basis of emergency protocols if they contain incorrect, inaccurate or misleading information provided by the Client.
- The Company shall not be liable for any delay, partial or total failure to provide the Services, arising indirectly from events beyond the control of the Company, including those arising from the Client failure to fulfil the obligations described above.
- The liability of the Company in connection with a claim for losses, damages or expenses of any nature, should in no case exceed a total amount equal to 3 times the amount paid for the service rendered.
- The company shall not be liable for any indirect loss (including lost financial benefits).
- In case of claims, the Client is obliged to notify the company within 30 days with written notice. It must contain facts and findings to support the claim. In all cases, the Company shall not be liable for claims, losses or expenses, unless the case is brought within a year of:
- the date on which such services were provided by the Company giving cause for claim;
- the date when the service should have been completed in the case of alleged failure of the same.
(b) Damages: The Client is obliged to provide guarantees and preventions to the Company and its employees against any claims (specific or alleged) by third parties related to losses, damages or expenses of any nature, including legal and similar ones or expenses related to the performance or non-performance of services.
7. Final provisions:
(a) If any of the clauses in these General Terms and Conditions prove unlawful or inapplicable in a certain sense and position, then the implementation of the remaining clauses should not be prejudiced;
(b) In the course of providing a service and for a period of the next one year, the Client is not entitled to make direct or indirect proposals to the employees of the Company related to leaving the same;
(c) The use of the Company trademarks and company names for advertising purposes is prohibited without the express written authorization by the Company.
8. Arbitration, Jurisdiction and Litigation:
All disputes arising out of contractual relations will be settled before the competent court of Bulgarian Chamber of Commerce and Industry, unless otherwise agreed between the parties.
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