Terms & Conditions
ACCEPTANCE OF ASSIGNMENTS:
AmSpec SERVICES LLC and its Divisions,, hereinafter referred to as “AmSpec” accepts orders and nominations for services (as described herein) only under the following General Terms, Conditions and Limitations (“TERMS”). These TERMS shall not apply if AmSpec and a Client shall have executed a separate agreement in writing that does not incorporate said TERMS. No modifications of the TERMS shall be valid unless in writing and signed by an authorized Officer or Director of both the Client and AmSpec. In connection with these TERMS, CONDITIONS AND LIMITATIONS, “Services” shall mean all work performed for Client, including provisions for providing all equipment and material to be furnished by AmSpec.
It is understood that Clients are at all times responsible for the care, custody and control of the sampling site. Clients are responsible for the condition in and around said site and for advising AmSpec of same and of all information required for enabling AmSpec to perform its services safely always in a manner consistent with all governmental regulations and industry protocols.
All information on this website may contain human errors or become obsolete. Furthermore, the information and data may also become modified or otherwise damaged through transmission errors or interruptions, other human or internet-related errors and/or criminal or negligent acts of third parties. While amspec services llc is committed to protecting on-line privacy and providing secured communication and transmission of information on-line, it expressly disclaims any liability, regardless of cause.
AmSpec conducts inspection, testing (quantity and quality control) services pursuant to agreements with and instructions from its clients (“Services”). In the course of performing such Services, AmSpec develops information (“Information”) and generates documents such as reports and certificates (“Documents”). By accepting, using or relying upon such Information or Documents, the clients for whom the Services are performed, and any person who relies upon the Information or the Documents, agree to the following terms and conditions.
1) AmSpec expressly advises that it is not an insurer or guarantor of the quantity or quality of any surveyed/inspected product or cargo and disclaims any liability. In providing inspection and analytical services, AmSpec employees exercise reasonable care and best judgment under the prevailing conditions as they are observed and understood, utilizing accepted standards and normal operating procedures. Any information and or recommendation, whether expressed or implied by AmSpec, are based solely upon assumptions which may be subject to error. Accordingly, AmSpec does not accept any liability with respect to the use of or for any damages resulting from the use of any information, data, analytical results, apparatus, and methods. Any client seeking protection from loss or damage should obtain appropriate insurance coverage.
2) AmSpec does not, by performing Services or by the Documents issued, assume abridge or undertake to discharge any duty or responsibility of the Client to any other entity or person.
3) AmSpec undertakes to perform only the Services agreed upon between AmSpec and the Client. Neither the title or ownership of a Document or the nature of a commodity or product implies that any particular procedure has been followed or analyses performed other than as specified in the Document(s)
4) AmSpec Documents are submitted for our Client’s use only. Our clients are considered those parties invoiced for services.
5) AmSpec Documents are issued solely for AmSpec’s Clients and may reflect only the information requested by said Client. There may be other relevant data and information not included on said Document(s). AmSpec will not be liable or responsible to any third party for the contents of any Document(s) or omissions there from.
6) Any Client, accepting , using or relying upon Information or Documents supplied by AmSpec does so in consideration for AmSpec performing the services at a fee charged and that the professional liability, if any, of AmSpec is limited to the amount of the fee paid for said services.
7) Should any provision of these TERMS, CONDITIONS and LIMITATIONS be held invalid, illegal or unenforceable, such action or actions shall not effect any other provision of these TERMS, CONDITIONS and LIMITATIONS.
8) Client may cancel any order or nomination for services subject to payment for all Services already rendered and for any out-of-pocket expenses incurred up to the date and time of cancellation and in accordance with the applicable current Price Schedule.
9) AmSpec shall not be liable or responsible for any delay or failure to perform services due to causes beyond the Company’s control.
10) Should an employee of AmSpec be called to testify or witness at a trial, deposition, discovery, administrative procedure etc., or otherwise assist in any dispute between a Client and any third party or entity with respect to AmSpec’s Services, and whether or not the Company or its employees shall have been subpoenaed, said Client shall pay AmSpec the current rate, fee and any other charge for such Services rendered.
11) These TERMS, CONDITIONS and LIMITATIONS shall be governed by the laws of the State in which the Services were performed.