GENERAL TERMS & CONDITIONS
Maxsure Inspections and Certifications Pvt. Ltd. (MICPL)
1. General
These General Terms and Conditions shall apply to all quotations, proposals, agreements, inspections, audits, certifications, verification activities, and related services provided by Maxsure Inspections and Certifications Pvt. Ltd. (hereinafter referred to as “MICPL”) to its clients.
Any terms and conditions proposed by the Client shall not apply unless expressly accepted by MICPL in writing. All services rendered by MICPL shall be governed exclusively by these Terms and Conditions. These conditions shall also apply to all subcontractors, associates, and service providers engaged by MICPL for execution of services.
2. About the Company
MICPL is an independent inspection, audit, verification, and certification service provider offering professional services in the fields of food safety, quality assurance, product inspection, hygiene audits, factory assessments, supplier evaluations, and conformity verification.
MICPL operates in accordance with applicable regulatory and accreditation requirements, including services recognized by regulatory and accreditation bodies such as NABCB and FSSAI, wherever applicable.
All charges quoted by MICPL are exclusive of applicable taxes, duties, levies, or GST, which shall be charged additionally as per prevailing laws.
3. Service Execution
All services shall be carried out based on the written instructions, scope, standards, specifications, and requirements provided by the Client and accepted by MICPL in writing.
The Client shall provide complete and accurate information, documents, specifications, purchase orders, technical standards, contracts, invoices, shipping details, or any other relevant documents required for proper execution of services.
MICPL reserves the right to refuse or suspend services where adequate information, access, safety conditions, or cooperation is not provided.
4. Core Services
MICPL provides, but is not limited to, the following inspection, audit, and verification services:
- Pre-shipment inspections for quality, quantity, packing, marking, and labelling
- Container loading and unloading supervision
- Factory inspections and production monitoring
- Product inspections and conformity verification
- Food safety audits and hygiene audits
- FSSAI Schedule IV audits
- Supplier and vendor assessments
- Sampling inspections as per applicable standards and AQL requirements
- Warehouse and storage inspections
- Verification of compliance with contractual, regulatory, or statutory requirements
- Mechanical, electrical, and food product inspections
5. Additional Services
MICPL may also provide the following services based on Client requirements:
- Supplier development and evaluation
- Expediting services
- Documentation verification
- Technical assessments
- GAP analysis and compliance verification
- Training and awareness programs
- Certification-related support services
6. Reports, Certificates, and Findings
Upon completion of the agreed services, MICPL may issue inspection reports, audit reports, certificates, findings, or related documents as applicable.
All reports and certificates reflect observations and findings only at the time and place of inspection or audit and within the defined scope of work agreed upon with the Client.
MICPL shall not be responsible for:
- Information or documents not provided by the Client
- Hidden defects or conditions not observable during inspection
- Conclusions beyond the agreed scope of work
- Decisions taken by third parties based on MICPL reports
For random inspections or sampling-based inspections, findings are applicable only to the samples inspected and not to the entire lot or consignment.
Reports and certificates issued by MICPL are valid only when duly signed and/or stamped by authorized personnel of MICPL and issued to the contracting party.
7. Client Obligations
The Client shall:
a. Provide complete instructions, specifications, and relevant documents sufficiently in advance, preferably at least 72 hours before service execution.
b. Ensure unrestricted and safe access to the inspection, audit, factory, warehouse, or site location.
c. Provide all necessary support, facilities, safety equipment, manpower, and operational assistance required for execution of services.
d. Inform MICPL in advance regarding any hazardous, toxic, unsafe, or restricted conditions at the site.
e. Ensure that all applicable statutory permissions and approvals are available at the inspection or audit location.
f. Make timely payments as per agreed commercial terms.
MICPL shall not be liable for delays, rescheduling, or additional costs arising due to the Client’s failure to comply with the above obligations.
8. Use of Subcontractors
MICPL reserves the right to appoint qualified subcontractors, associates, auditors, inspectors, technical experts, or third-party service providers for execution of part or whole of the contracted services.
MICPL shall ensure that such subcontracted personnel are competent and bound by confidentiality and impartiality obligations.
9. Confidentiality
9.1 Confidential Information
Both Parties agree to maintain strict confidentiality of all confidential or proprietary information received during the course of service execution and shall not disclose such information to any third party without prior written consent, except where required by law, accreditation bodies, or regulatory authorities.
9.2 Protection of Information
MICPL shall take reasonable measures to protect all Client information, reports, records, and documents obtained during inspections, audits, or certification activities.
9.3 Return or Destruction of Information
Upon termination or completion of services, confidential information shall be returned or destroyed upon request, except where retention is required under legal, accreditation, or regulatory obligations.
9.4 Survival
Confidentiality obligations shall survive termination or completion of services for a period of five (5) years.
10. Impartiality and Independence
10.1 Commitment to Impartiality
MICPL is committed to maintaining impartiality, integrity, independence, and objectivity in all inspection, audit, and certification activities.
10.2 Conflict of Interest
MICPL personnel, inspectors, auditors, and subcontractors shall avoid any commercial, financial, or other influence that could compromise impartiality or professional judgment.
MICPL shall identify, assess, and manage any potential conflicts of interest and inform the Client where necessary.
10.3 Independent Operations
MICPL operates independently and shall not allow commercial, financial, or external pressures to influence inspection or audit outcomes.
10.4 Reporting Concerns
Any concern related to impartiality, ethics, or conflict of interest may be reported to MICPL management for investigation and corrective action.
11. Pricing, Payment, and Invoicing
All quotations issued by MICPL are subject to written acceptance by the Client before commencement of services.
Unless otherwise agreed:
- Invoices shall be payable within 30 days from the invoice date.
- Applicable GST and taxes shall be borne by the Client.
- Delayed payments may attract interest at the rate of 2% per month.
- Additional charges arising due to waiting time, rescheduling, re-inspections, extended working hours, travel changes, or Client delays shall be payable by the Client.
MICPL reserves the right to suspend or withhold reports, certificates, or further services in case of outstanding payments.
12. Liability and Indemnity
12.1 Limitation of Liability
MICPL is neither an insurer nor a guarantor and does not warrant the absolute performance, quality, or compliance of products, services, processes, or systems inspected or audited.
MICPL’s liability for any proven negligence shall be limited to a maximum of five (5) times the service fees paid for the relevant service or INR 50,000, whichever is lower.
MICPL shall not be liable for:
- Indirect or consequential losses
- Loss of profit, business, contracts, or reputation
- Product recalls or production losses
- Delays caused by force majeure events or circumstances beyond MICPL’s control
Any claim against MICPL must be submitted in writing within 30 days from completion of the relevant service.
12.2 Indemnification
The Client agrees to indemnify and hold harmless MICPL, its directors, employees, inspectors, auditors, subcontractors, and representatives against any third-party claims, liabilities, damages, or expenses arising from:
- Client’s misuse of reports or certificates
- Incomplete or inaccurate information provided by the Client
- Any acts or omissions by the Client or third parties
13. Force Majeure
MICPL shall not be liable for failure or delay in performance of services due to events beyond its reasonable control, including natural disasters, strikes, lockdowns, government restrictions, war, civil disturbances, pandemics, transport disruptions, or other force majeure events.
14. Governing Law and Jurisdiction
These Terms and Conditions shall be governed and interpreted in accordance with the laws of India.
Any dispute arising out of or relating to these Terms and Conditions or services provided by MICPL shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.