General

The terms and conditions of Maxsure Engineering Private Limited (referred to as MEPL) are applicable to all services, offers, tenders, contracts, and orders made with MEPL. No terms from other parties will apply to MEPL. All contracts and services between MEPL and its clients (including all individuals and entities, hereafter referred to as “Client”) are governed by MEPL’s “General Terms and Conditions,” unless MEPL explicitly agrees to any exceptions in writing. These conditions also extend to MEPL’s third-party service providers and suppliers.

About the Company

MEPL specializes in services related to goods and commodity inspections, quality control, and verification of conformity, as well as certification. It provides inspection services detailed in Article 4. Prices listed exclude taxes, which are added (usually GST) to the invoices generated by MEPL.

Service Execution

All MEPL services are delivered according to the specific and written instructions of the Client, which must be accepted by MEPL in writing. These instructions must provide complete details, such as the scope of work, specifications, and related documents (e.g., contracts, letters of credit, proforma invoices, purchase orders, bills of lading, airway bills), as requested by MEPL.

Core Services

MEPL’s core offerings are focused on inspection and include:

  • Pre-shipment inspections for quality, quantity, packing, and labelling
  • Factory assessments
  • Monitoring progress

  • Inspection of goods, commodities, components, parts, equipment, and factories 

  • Supervising and inspecting loading and unloading activities
  • Verifying conformity with import regulations and customs procedures

  • Sampling in line with client needs and Accepted Quality Level (AQL)

Specific Services

MEPL also provides additional services, including: 

  • Factory/supplier audits

  • Expediting 

  • Supplier development

Certificates and Reports of Findings

Upon completion of services and depending on the client’s needs or contract, MEPL may issue reports of findings and/or certificates. These reflect the findings only at the time-of-service execution. MEPL is not obligated to refer to documents that were not provided or include information beyond the agreed scope of work. For random inspections, the findings are based solely on the inspected samples and do not apply to the entire batch. MEPL and its personnel are not liable for unclear scopes or any actions indicated in the reports of findings and certificates. Furthermore, MEPL is not responsible for inaccurate results due to incomplete or unclear instructions or documents. Reports and certificates are only issued to the ordering party and are not valid without a signature and stamp from MEPL.

Client Obligations

Although MEPL strives for accuracy and care in its services, the client is responsible for fulfilling its own obligations. MEPL’s liability only arises in cases of serious and intentional misconduct. The client must fulfil all commitments to their own customers regardless of MEPL’s report findings. MEPL’s clients must:

  • Provide adequate instructions and relevant documents in advance (preferably 72 hours before the service date).
  • Ensure access for MEPL personnel to perform services at the required premises.

  • Supply necessary safety equipment and ensure a safe work environment for MEPL personnel, and notify MEPL of any risks (such as toxic or hazardous materials) in advance. 

  • Provide the required tools and equipment for the service execution.

Use of Third-Party Subcontractors

MEPL may utilize third-party service providers to carry out part or all of the required services. MEPL has the right to subcontract any aspect of service execution.

Confidentiality

Obligations:

Each Party agrees to keep confidential all Confidential Information received from the other Party and not to disclose such information to any third party without the prior written consent of the disclosing Party.
MEPL shall ensure that any reports or information generated during the inspection process that contain Confidential Information related to the Client will not be disclosed to any third party, except as required by law or regulatory authorities, without the prior written consent of the Client.

Return of Information:

Upon the termination or expiration of this Agreement, each Party shall return or destroy all Confidential Information of the other Party, except where retention is required by law.

Survival:

The obligations of confidentiality shall survive the termination or expiration of this Agreement for a period of five (5) years.

Impartiality

Commitment to Impartiality:

MEPL commits to maintaining impartiality in the performance of all inspection services. MEPL and its personnel shall avoid any activity that could compromise their impartiality or that could be perceived as a conflict of interest.

Conflict of Interest:

MEPL personnel involved in the inspection process shall not have any commercial, financial, or other pressures that might influence their judgment or the results of the inspection.

MEPL will implement measures to identify and address any potential conflicts of interest, and the Client will be informed immediately of any situation that may impact MEPL’s impartiality.

Independence:

MEPL, as an inspection body, operates independently of any entities that could affect its impartiality. The Client acknowledges and accepts that MEPL’s duty to impartiality may override any commercial interests or relationships.

Reporting Violations:

Should any situation arise, that could compromise the impartiality of MEPL, the Client agrees to report it to MEPL management, and MEPL shall take corrective action to resolve the issue.

Pricing, Payment, and Invoicing

MEPL provides service fees in the form of an offer that the client must sign and accept before MEPL proceeds. Prices exclude taxes, which the client is responsible for according to their jurisdiction. MEPL will notify the client immediately of any additional costs arising during the job, such as extended service times, and the client must cover these costs. Invoices are payable within 30 days, and late payments are subject to a 2% interest charge per month. Unpaid invoices may result in court proceedings, with the client responsible for any associated legal and collection fees. If the client fails to provide the necessary tools or documents during service, they will incur additional charges.

Liability and Indemnity

Liability Limit: MEPL is neither an insurer nor a guarantor and assumes no liability for any damage or losses beyond what is specified. The client is responsible for obtaining their own insurance. Any claims for damages resulting from MEPL’s proven negligence are limited to five times the paid service fee or a maximum of INR 50,000. MEPL is not liable for indirect damages such as loss of business, profit, reputation, or costs related to product recalls. MEPL is not responsible for delays or incomplete services due to uncontrollable factors. Any claims must be made within 30 days of service completion.

Indemnity: MEPL, its staff, partners, and subcontractors are indemnified by the client against any claims from third parties relating to service performance or non-performance.

Service Extension

MEPL is not an insurer or guarantor, and therefore rejects any liability or responsibility that may arise in this regard. The client is solely responsible for obtaining insurance to protect against potential losses or damages.

Governing Law, Jurisdiction, and Dispute Resolution

Any legal disputes arising from contracts will be settled in Mumbai, and Indian law will govern the proceedings.