General Terms and Conditions

 

  • Unless otherwise specifically agreed in writing Ontrack Welding & NDE Solutions (hereinafter called “the Company”) undertakes services in accordance with these General Terms and Conditions (hereinafter called “General Terms and Conditions”) and accordingly, all offers or tenders of service are made subject to these General Terms and Conditions. All resulting contract agreements or other arrangements will in all respects be governed by these General Terms and Conditions except only to the extent that the law of the place where such arrangements or contracts are made or carried out shall preclude any of the General Terms and Conditions and in such case, such law shall prevail wherever, but only to the extent that, it is at variance with these General Terms and Conditions.
  • The Company is an enterprise engaged in Non-Destructive Testing. As such It:
    • Carries out such services as referred to and,
    • Issues reports of services rendered.
  • The Company acts for the persons or bodies from whom the instructions to act have originated (hereinafter called the “Client”). No other party is entitled to give instructions, particularly on the scope of inspection or delivery of reports unless so authorized by the Client and agreed by the Company…The Company will however be deemed irrevocably authorized to deliver at its discretion their Report to a third party if following instructions by the Client.
  • The Company will provide services in accordance with:
    • The Client’s specific instructions as confirmed by the Company.
    • The terms of the Company’s Standard Order Form and/or Standard Specifications Sheet if used.
    • Any relevant trade custom usage or practice. Such methods as the Company shall consider appropriate on technical, operational and/or financial grounds.

the performance of services and will not rely, In this respect, on

  • the Company’s advice whether requested or not.
  • Take all necessary steps to eliminate or remedy any obstruction to or interruptions in the performance of the required services.
  • Inform the Company in advance of any known hazards or dangers, actual or potential, associated with any order.
  • The Company undertakes to exercise due care and skill in the performance of its services and accepts responsibility only in cases of proven negligence:
    • The liability of the Company in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to three times the amount of the fee or commission payable in respect of the specific services required under the particular contract with the Company which gives rise to such claims. Where the fee or commission payable relates to a number of services and claim arises in respect of one of those services the fee or commission shall be apportioned for the purposes of this paragraph by reference to the estimated time involved in the performance of each service.
    • The limit of liability of the Company may be increased upon request received by the Company at least five working days in advance of the performance of the service to such figure as may be agreed upon payment of additional fees equal to one-tenth of the increase in the limit of liability or as may be agreed upon.
  • The Company shall be discharged from all liability to the Client or all claims for loss, damage or expense unless suit is brought within one year alter the date of the performance by the Company of the service which gives rise to the claim or in the event of any alleged non-performance within three months of the date when such services should have been completed.
  • The Company shall be discharged from all liability to the Client or all claims for loss, damage or expense unless suit is brought within one year alter the date of the performance by the Company of the service which gives rise to the claim or in the event of any alleged non-performance within three months of the date when such services should have been completed.
  • In the event that the Regulator or SANAS requests any information regarding inspection results for clients’ equipment, Ontrack Welding & NDE Solutions through the Technical Manager is required to furnish such requested information. Depending on the nature and advice from the Regulator, the Technical Manager via written communication will disclose to their client’s what information was provided to the regulator. However, if the request is coming from other parties like Clients’ insurance providers, the Technical Manager must first seek written permission from the client.
  • The Company has a safety management system that incorporates documents that are used to compile a generic safety file for all our safety requirements.
  • All enquiries and orders for the supply of services must be accompanied by sufficient information, specifications and instructions to enable the Company to evaluate and/or perform the services required. The Company cannot be held responsible for any ambiguity in the client’s instructions nor for any incorrect or misleading information supplied or obtained.
  • The Company’s standard services may include all or any of the following:
  • Positive Material Identification
  • Vacuum Box Testing
  • Liquid penetration testing
  • Magnetic particle testing
  • Holiday Testing
  • Tank Floor Testing
  • Wall Thickness Testing
  • Close Proximity Radiography
  • Radiographic testing
  • Radiographic testing – safety
  • Ultrasonic testing
  • Hardness testing
  • Subject to the Client’s instructions as accepted by the Company, the Company will issue reports of testing which reflect statements of opinion made with due care within the limitation of instructions received but the Company is under no obligation to refer to or report upon any acts or circumstances which are outside the specific instructions received. The Companies acceptance of instructions in no way indemnifies the Client for ambiguities that may materially affect the outcome of the job.
  • The Client will:
    • Ensure that instructions to the Company and sufficient information are given in due time to enable the required services to be performed effectively.
    • Procure all necessary access for the Company’s representatives to enable the required services to be performed effectively.
    • Ensure that all necessary measures are taken for the safety and security of working conditions, sites and Installations during
  • Every employee of the Company shall have the benefit of the limitation of liability and indemnity contained in these General Conditions and so far as relates to such limitations any contract entered into by the Company is entered into not only on its own behalf but also as for every such person as aforesaid.
  • In the event that any unforeseen problems or expenditure arise in the course of carrying out any of the contracted services, the Company shall be entitled to make additional charges to cover additional time and cost necessarily incurred to complete the service.
  • The Client will punctually pay not later than 30 days after the relevant invoice date or within such other period as may have been agreed In writing by the Company all proper charges rendered by the Company failing which 15 % interest and 15 % of charges will become rate from the date of invoice until payment:
  • The Client shall not be entitled to retain or defer payment of any sums, due to the Company on account of any dispute, cross-claim or set off which it may allege against the Company.
  • In the event of any suspension of payment arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by the Client the Company shall be entitled to suspend all further performances of its services forthwith and without liability.
  • In the event of the Company being prevented by reason of any cause whatsoever outside the Company’s control from performing or completing any service for which an order has been given or an agreement made the Client will pay to the Company:
    • The amount of all abortive expenditure actually made or incurred.
    • A proportion of the agreed fee or commission equal to the proportion (if any) of the service actually carried out: and the company shall be relieved of any responsibility whatsoever for the partial or total non-performance of the required service.
  • All information obtained or created during the inspection activities by Ontrack Welding & NDE Solutions and the approved External Provider will be kept confidential and considered proprietary information except for the information that the customer makes publicly available or an exception required by law. In the event that the Regulator or SANAS requests any information regarding inspection results for clients’ equipment, Ontrack Welding & NDE Solutions through the Technical Manager is required to furnish such requested information. Depending on the nature and advice from the Regulator, Ontrack Welding & NDE Solutions will disclose to their client’s what information was provided to the regulator. However, if the request is coming from other parties like Clients’ insurance providers, the Technical Manager must first seek written permission from the client.

Information about the customer obtained from sources other than the customer shall be treated as confidential.

A Confidentiality Agreement – Reference SD-62 will be signed between Ontrack Welding & NDE Solutions and all External Providers. When Ontrack Welding & NDE Solutions is required by law or authorized by contractual commitments to release confidential information, the customer or individual concerned shall, unless prohibited by law, be notified by the General Manager of the information provided.

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