Terms and Conditions - Foodgates

1. The exporter/manufacturer (hereinafter referred to as the “Client”) entrusts Foodgates to apply for Imported Food Label Identification (hereinafter referred to as the “Label Identification”) by CCIC on a voluntary basis to ensure the label shown on the packaging of the products to be imported are compliance with Chinese laws and regulations.

 

2. CCIC is the short form of China Certification & Inspection Group, an independent third party certification and inspection organization dedicated to providing inspection, verification, certification and testing services with accreditation by Chinese authorities. In no case shall CCIC’s report/opinion be regarded as a government decision.

 

3. The Label Identification Report (hereinafter referred to as the “Report”) is issued with reasonable care and appropriate skill on the basis of relevant documents provided by the Client and in accordance with Client’s specific instructions. The Report reflects the facts as recorded by the Client at the time and site location of identification.

 

4. The Report is based on the relevant information provided by the Client and is issued in accordance with the relevant provisions of the laws, regulations and standards in force in China on the date of issuance of the document, and only applies to the designated products, packaging unit, specifications and areas to be imported as indicated in the Report.

 

5. The Report is only given on the legitimacy of the layout and content of the label of imported goods. It shall not be considered as confirming the authenticity of the information relating to the Client, nor as guaranteeing that the actual composition of the product complies with the relevant provisions of laws and regulations and applicable standards and norms.

 

6. Should Foodgates receive documents relating to the products, such as recipe, sales certificates, etc., they are considered to be for information only, and shall not extend or restrict the scope of the obligations accepted by Foodgates. Foodgates is not liable for or due to any consequences resulting from incorrect, omitted or false documents and/or information provided by the Client.

 

7. The Client guarantees the authenticity and correctness of the contents in the documents provided to Foodgates and takes all responsibilities for any damages and/or losses caused to Foodgates resulting from any false and/or wrong information provided. Neither shall Foodgates be liable if there is anything wrong with the Report or due for negligence or fault by CCIC during the identification.  

 

8. The Client shall not, under any circumstances, alter, adjust, hinder or improperly use the contents and appearance of the labels indicated in the Report. The copyright for the whole or part of the Report is reserved. The Client shall not use it for any commercial purposes, such as promotion without consent of Foodgates.

 

9. If anything indicated in the Report is changed or out of date (e.g. the recipe is changed, the packaging reworked or any place of processing or production changed, etc.), the Client shall inform Foodgates prior to such change and cause a new Report to be issued. The Client shall compensate Foodgates in case any delay of such noticing.

 

10. Foodgates takes no responsibility in case the Client, in violation of the relevant regulations of China or abroad, purposely imports/exports or undertakes business covering restricted or banned goods. In case Foodgates is faced with any civil, administrative or criminal liabilities for any reason relating to the Client (whether it is mature or potential), the Client shall fully compensate Foodgates.

 

11. These terms shall be governed by, and interpreted in accordance with the laws of the People’s Republic of China. All disputes arising in connection herewith shall be settled according to the specific jurisdiction stipulations between the Client and Foodgates. If there is no agreement, the Chinese court shall have exclusive jurisdiction.

 

12. By receiving and using the Report, the Client shall be deemed to have automatically accepted all the contents set forth in this terms and conditions above no matter the Client signs or not.


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