Unless otherwise specifically and expressly agreed in writing by Mega Step (HK) Ltd.(hereinafter called "Mega Step"),
all services provided by Mega Step (HK) Ltd.are governed by the following general conditions of service, which
prevail any purchase terms and conditions.
Services carried out by Mega Step, on behalf of an entity or individual from whom the instructions to act have originated (hereinafter
called the "Customers") will be carried out by using techniques and processes that permit an independent, impartial and objective
approach. The end result of the Service will consist in a certificate or document (hereinafter called the "Report") communicating
the collection of information Mega Step has been requested to supply and will be delivered as a fax, a written document or an online report.
No other party than the Customer shall be entitled to give instructions to Mega Step, specially on the scope of inspection or delivery of Report,
unless so authorised by the Customer.
2. Provision of Services
Mega Step in the capacity of an independent third party, supplies information in the form of ascertainment or recommendations for the
special purpose of contributing to the prevention of the risks to which the beneficiaries of its services are exposed, and of helping
them assure the quality of their products. Mega Step's services (hereinafter called the "Services") consist of work performed by Mega Step,
including but not limited to:
audit of factories
container loading inspections
during production inspections
setting up and improve production lines
apply certifications such as CE, GOST, ROHS, GS etc.
apply chemical test and analysis such as PAK and PAH
3. Mega Step's Obligations and Undertakings
Mega Step guarantees to keep all information provide by customer confidential and will not disclose any to 3rd party.
Mega Step expressly reserves the right to act at its own discretion in accepting or declining a request for service,
and cannot be compelled to accept or be held liable for declining a request for services or for products:
Falling out of its scope of activity or specialisation;
Presenting geographical accessibility problems, such as services to be rendered or products to be found in restricted
or highly remote areas;
Requiring Mega Step to obtain special permissions to operate such as governmental permissions.
Mega Step undertakes to supply the Services it has accepted to carry out in a professional and timely manner, in accordance with proper
professional practice and in compliance with:
Mega Step prepare special inspection instruction for each service and product ordered by the customer
The Customer's special instructions when ordering the Service and as confirmed by Mega Step – the terms of reference should
be duly signed by the Customers and Mega Step -, and in the absence of such instructions:
Any relevant professional standard, trade custom, usage or practice;
Such methods as Mega Step shall consider appropriate on technical, operational and/or financial grounds.
Mega Step shall exercise due care and skill in the selection and assignment of its personnel.
4. Customer's Obligations and Undertakings
To provide all necessary product information for which the service has been ordered. This especially includes full artwork of
product and packing, full technical and functional specification of the product, material specification, qty, etc.
It also includes a detail information about AQL Level and Sample Size requested by customer.
Detail supplier and factory information and contact information.
To take all reasonable steps to assure Mega Step has access to the site and materials on which Service will be based;
To provide Mega Step with all information and samples, as well as the documents necessary to complete requested Service, in a timely
manner (and in any event not later than 48 hours prior to the desired intervention), except for generally available documents
such as codes and standards, either directly or through suppliers or agents of the Customers;
To insure that adequate instructions and notice are given to Mega Step in due time to facilitate proper performance for the Service requested;
To advise Mega Step of the date on which the Services are to commence, or to be resumed, and also of essential dates affecting the
item(s) for which Services are being rendered;
Generally to render all reasonable assistance to Mega Step in providing necessary instructions, information, documents, safety and
security information in connection with the working conditions, required equipment and access (as the case may be).
Documents reflecting engagements between the Customers and third parties or third parties' documents - if received by
Mega Step - are considered to be for information only and do not extend or restrict the scope of the services or obligations accepted by Mega Step.
5. Invoicing, Fees and Payment
Payment is expected by T/T, Paypal or other transfer to one of Mega Step Bank account, which is stated on the invoice.
Mega Step will only cover his own local bank charges which are charged by HSBC Hong Kong. Any oversea or intermediary
bank charges need to be covered by clients.
All Inspections, Audits and Testing are billed before performance take place and need to be fully paid also in advance or on a monthly base
Cancellation Policy and Re-inspection
Cancellation deadline: We accept a cancellation of confirmed jobs during work time and workdays (Monday – Friday)
until 12 pm (China Time) the day before the service date. After this limit, the booked services will be charged in full
to the client. For Monday inspection, the deadline is Friday 12:00 PM.
If the inspection cannot be performed due to any of below but not only reasons: Power Cut off in factory,
no worker, no goods ready, no access to factory, etc, or any other reason out of the responsibility of the inspector of Mega Step itself.
Mega Step will charge full cost to the client.
As our business partner is our client, we need to charge these cost also to the client. Mega Step advises its clients then to
re-charge this cost to their factory due to the cancellation is caused by them.
For Laboratory Testing and Certificates orders, cancellation is not possible once the Testing has been launched by the Laboratory.
In the event that Mega Step is being prevented from performing or completing in full requested Services, for any reason beyond
its control, such as but not limited to, wrong information given by Client or Factory (e.g. goods not ready for Inspection despite
information given by Factory, wrong address, etc.), the Customers agrees to :
Reimburse any expenditure, and out of pocket expenses made or incurred in relation to this Service ;
Pay proportion of fees due for Services actually rendered and to release Mega Step from all responsibility for partial or
non-performance of the Services.
In the event when the Inspection must be cancelled on the projected Inspection day, because of wrong information given by
Client or Factory (e.g. goods not ready for Inspection despite information given by Factory,...), the man-day will be considered
spent, and Mega Step will charge full fee to Client as a 'missed Inspection' fee. Mega Step advises its clients to then re-charge this cost to
their factory when the factory is proved to be mistaken.
Customers provided inspection sample(s): If an inspection sample is provided by the Customers and shipped to an Mega Step office,
and then must be re-forwarded by Mega Step to the Customer's factory, and the shipping charge exceeds $10 USD, then the shipping
fee will be automatically added to the final invoice amount.
For Laboratory Testing orders:
Should the quotation given vary once the Product Samples are received and checked by Mega Step, it is agreed that:
- if the Test price increase is less than 25% or US$ 100, Mega Step will inform the Client and launch the Test immediately for quicker processing.
- if the Test price increase is more than 25% and US$100, Mega Step will seek Client's confirmation before launching the Test.
The minimum charge for any Lab Test order is US$100 for standard delivery and US$150 for express.
For any delay of payment, Mega Step keeps the right to charge USD 25,- for each payment reminder starting 10 days
after overdue of payment date.
Furthermore Mega Step keeps the right to charge 13% annual interest for any unpaid overdue amount.
6. Liability and Indemnification
Limitation of Liability
Mega Step is neither an insurer nor a guarantor and disclaims such capacity. Clients seeking a guarantee against loss or damage
should obtain appropriate insurance.
Subject to the Customer's instructions as accepted by Mega Step (as specified in the terms of reference), Mega Step will issue the Report
relating to the facts as recorded by it within the limits of the instructions received and on the basis of the documents and
information provided by the Customers (refer to #4 above), but Mega Step is under no obligation to report upon any facts or
circumstances which are outside the specific scope of its assignment.
Mega Step advice is given only in relation to documents and information provided by the Customers, and Mega Step cannot be held liable
if it has received incomplete or erroneous information.
In the event of false information being given to Mega Step by a third party, Mega Step accepts no liability.
Mega Step undertakes to use its best efforts and to exercise due care and skill in the performance of its Services, and accepts
liability only in case of negligence proven by the Customers.
In the event of Mega Step being held liable in respect to any claim of loss, damage or expense of whatsoever nature and however arising,
its liability to the Customers shall in no circumstances exceed five (5) times the total aggregate sum of fees paid for the specific
single service for which a claim is made if no approved reference sample was provided by the Customers, and ten (10) times if an
approved reference sample was provided and available for the inspector at the factory on the day of inspection, or an approved
Mega Step office three days prior to the scheduled inspection date.
In addition, in case of the Service of pre-shipment inspections:
Where less than 100% of the production is complete, our responsibility will only extend to those items completed
at the time of inspection;
The Report does not evidence shipment
The Customers shall guarantee and indemnify Mega Step and its servants, agents or subcontractors against all claims made by third
parties for loss, damage or expense of whatsoever nature arising, relating to the performance or non-performance of any service,
to the extent that the total sum of such claims exceed the limitation of liability mentioned in the first paragraph of Indemnification.
In the event of any claim, notice must be given to Mega Step within seven days following discovery of the facts, or latest three months
from the completion of the Mega Step Service.
7. Termination of Services
Mega Step shall be entitled to automatically either terminate and/or suspend provision of services in the event that:
The Customers commits any material breach of its obligations under these terms and conditions and/or
the terms of reference and (if such breach shall be capable of remedy) fails to make good such breach
within ten (10) days of receipt of notice served by the Non- Defaulting Party (Mega Step) requiring it so to do.
Material breaches include, without limitation any willful and deliberate breach by the Customers of its
obligations under clause 4 here above;
The Customers is insolvent or unable to pay its debts, in suspension of payments, or convenes a meeting of or compounds
with its creditors or has a receiving order made against it or (other than for the purposes of bona fide amalgamation or
reconstruction) has an order made or a resolution passed for its winding up or for the appointment of an administrator to manage
its affairs, business and property or has a receiver or administrative receiver appointed over any of its assets or undertaking or if
Mega Step takes or suffers any similar or analogous action in consequence of debt.
The Report will reflect findings of the Service at the time and place of Service. This Report does not discharge sellers and suppliers
from their legal and/or commercial obligations towards the principle.
9. Applicable and Governing law, Jurisdiction and Settlement of Dispute
Unless otherwise provided, these terms and conditions shall be governed by and construed in accordance with Hong Kong Law.
All disputes or differences of any kind whatsoever between the parties in connection with or arising out of the services shall
be submitted to the non exclusive jurisdiction of the courts of Hong Kong or any location of branch office.
These terms and conditions have been drafted in English. In case of discrepancy, the English version shall be controlling for all purposes.