Email: info@your-eyes-on-asia.com
Add: Office 907, Silvercord Tower 2, 30 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong


Konditionen und Rechtliches

Unsere Geschäftssprache ist englisch und unser Kundenstamm ist ausgesprochen international. Die YEOA HK Ltd. stellt die Allgemeinen Geschäftsbedingungen ausschliesslich in englischer Sprache zur Verfügung.


1. General

1.1 Unless otherwise specifically and expressly agreed in writing by YEOA HK Ltd. (the Company), all services provided by the Company are governed by the following terms and conditions of the Services, which prevail any purchase terms and conditions.

1.2 The Services rendered by the Company, on behalf of an entity or individual from whom the instructions to act have originated (the Customer) will be carried out by using techniques and processes that permit an independent, impartial and objective approach. The end of result of the Services will consist in an inspection report (the Report) reflecting a collection of information that the Company has been requested to supply and will be delivered as in writing.

1.3 No other party than the Customer shall be entitled to give instructions to the Company, particularly on the scope of inspection or delivery of the Report, unless so authorized by the Customer.

2. Provision of services

2.1 In general, the Company provides the following scope of services (the Services):

a) Factory Audit (FQA) meaning the evolution of a factory under aspects of document and the quality system verification, observation of the production area and basic social compliance;

b) SA8000 / BSCI compliance pre-audit meaning an audit in regard of social, work safety and environmental compliance;

c) Pre Production Check (PPC) meaning an evaluation of the manufacturer’s capabilities;

d) During Production Check (DUPRO) meaning a visual inspection of the products as available during production;

e) Final Random Inspection (FRI) meaning a visual inspection of the products;

f) Quick pre order factory assessment, meaning an audit performed by one of our inspectors highlighting the basic status of a factory 

g) any other services as requested by the Customer.

3. The Company’s rights and obligations

3.1 The Company expressly reserves the right to act as its own discretion in accepting or declining a request for the Services, and can not be compelled to accept or held liable for declining a request for the Services or for products:

a) falling out its scope of activity or specialization; or

b) presenting geographical accessibility problems, such as service to be rendered or products to be found in restricted or highly remote areas; or

c) requiring the Company to obtain special permissions to operate such as governmental permissions.

3.2 The Company is not liable for any damages suffered by the Customer as a result of the Company’s rendering of the Services, except if the damage has been caused by gross negligence or willful intent of the Company.

3.3 The Company must provide the Services it has accepted in a professional and timely manner, in accordance with the Services’ criteria and particular requirements provided by the Customer and as confirmed by the Company. In case of the absence of the criteria or such criteria is ambiguous, the contractual parties may agree upon supplementary terms through consultation; if a supplementary agreement can not be reached, a criteria will be determined by any relevant professional standard, trade custom, usage or practice.

3.4 The Company must exercise due care and skill in the selection and assignment of its personnel.

3.5 Subject to the Instructions (as hereunder defined) given by the Customer, the Company shall issue the Report in relation to a collection of findings as recorded, however the Company has no obligations to report any findings which are outside the Instructions of the mandate.

4. The Customer’s rights and obligations

4.1 The Customer must provide the Company with adequate information in relation to the requested service(s) in writing on which specifies criteria, quantity, quality, required equipment(s) and samples (the Instructions). The Instructions must be given in due time to ensure proper performance of the Services.

4.2 The Customer must advise the Company of the date on which the Services are to be commenced, or to be resumed, and also of essential details affecting the item(s) for which the Services are being rendered.

4.3 The Customer must provide the Company with access to the products and material on which the Service will be based.

4.4 The Customer promises and agrees to indemnify, defend and hold the Company harmless from all and any claims which may be raised against the Company based upon its activities under the terms and conditions, irrespective of why and by whom such claims are raised, The same applies to claims raised against auxiliary person(s) of the Company.

4.5 In case of indemnification or holding harmless of the Company, the Customer must put the Company into the financial position, which would have existed if it had not accepted the mandate.

4.6 The Customer has no duty of indemnification if the Company caused damage by intent or gross negligence.

5. Payment provisions

5.1 Service charges and terms of payment are published on the Company’s website www.your-eyes-on-asia.com, existing clients will be advised of any price change at least one (1) month before the price amendments coming into effect. The Customer must pay due and payable sums through wire or online banking to the Company designate bank account or via PayPal within ten (10) days after the receipt of the appropriate invoice unless otherwise agreed by the Company in writing. Transaction commissions are payable by the Customer.

5.2 Overdue payments are charged with an annual interest rate of 15% and charges for reminders will apply, the Company reserves the right to hold any planned inspection or inspection certificate issued to the supplier until full payment has been received.

5.3 Any cancellation of the Services or change of service date will be charged in full unless the cancellation or the change is five (5) working days (except weekends and public holidays) before scheduling the requested service(s).

5.4 The Customer hereby agrees to pay in full if incorrect information is given by supplier or the Customer and prevents the Company from completing or performing the Services, such incorrect information including but not limited to wrong factory location, or goods not ready for inspection, and the Customer agrees to release the Company from all its responsibility for partial or non-performance of the requested service(s). The Company advises the Customer re-charge the cost to its supplier when the supplier has proved to be mistaken.

6. Warranties

6.1 The Company warrants and represents that it will use its best endeavors and exercise its due care, skill and diligence in the performance of its requested service(s) in accordance with the Instructions given by the Customer.

6.2 The Company will issue a credit note with the total aggregate sum fee paid for the requested service(s) if a claim of damages has proved to be caused by the Company’s gross negligence or willful intent. Notice of the claim must be given to the Company within seven (7) days following discovery of the facts, or three (3) months from the completion of the Services.

7. Confidentiality

7.1 The contractual parties must keep all information and documents related to the parties’ business, contact person(s), supplier(s), product(s) the Services rendered hereunder, having come to its attention from the other party or any person(s) acting on the other parties behalf strictly confidential and must not make use for its own purpose or disclose such information to any third parties without the prior written consent of the other party. In case of a violation of the confidentiality obligation, the violating party is held liable to pay a penalty of maximum amount of USD 50,000 per infringement. Paying the penalty does not release the violating party from its obligation to observe the confidentiality.

8. Termination of the Services

8.1 The Company may either terminate and /or suspend provision of the Services if the Customer commits a material breach of its obligations and/or the terms of reference and (if such breach shall be capable of remedy) fails to make good breach within ten (10) days of receipt of notice given by the Company requiring it to do so. Material breach includes, but not limited to any willful and deliberate breach by the Customer of its contractual obligations clause 4 herein.

9. Governing law, jurisdiction and dispute settlement

9.1 The law of Hong Kong governs all the matters arising out of or in connection with the terms and conditions, including its construction, binding effect, amendment, termination, performance and enforcement. The contractual parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts at the seat of the Company.

10. Miscellaneous provisions

10.1 Any amendment and / or supplement hereto will be valid only after the authorized representative of the contractual parties have signed in writing, forming integral parts of this contract.

Hong Kong 11.10.2012