Inspection Transactions General Rules
Updated on Sep 17,2015
These Inspection Transactions General Rules (“Rules”) apply to inspection transactions on Alibaba.com’s Inspection Platform at inspection.alibaba.com and supplement the Alibaba.com Transaction Services Agreement with regard to the inspection transactions only. Alibaba.com may revise these Rules from time to time. The revised Rules will become effective upon posting on the Websites.
1.1 Unless otherwise expressly provided herein, the capitalized terms shall have the same meaning as set forth in the Alibaba.com Transaction Services Agreement
1.2 Inspection transactions refer to the Online Transactions for inspection services ordered and concluded within Alibaba.com’s Inspection Platform. Inspection fees refer to the service fees charged by Inspector under the Online Transactions including the disbursements for travel, accommodation, etc, if any, as agreed in the relevant Orders.
1.3 The references to “Buyer” shall mean the Member who acquires the inspection services by placing an online order in the Inspection Platform and have the same meaning as used in the Alibaba.com Transaction Services Agreement, Alipay Services Agreement and Alibaba.com Supplemental Services Agreement . The references to “Inspector” shall mean the Member who provides inspection services through posting listings and accepting online orders in the Inspection Platform. The references to “Inspector” shall also mean a Seller in the Alibaba.com Transaction Services Agreement , Alipay Services Agreement and Alibaba.com Supplemental Services Agreement , and the references to “Seller” in the Alibaba.com Transaction Services Agreement , Alipay Services Agreement and Alibaba.com Supplemental Services Agreement shall be interpreted as references to “Inspector” in relation to the inspection transactions accordingly.
1.4 " Account" means the bank account in Alipay's name or Alibaba.com’s name and designated by Alibaba.com to receive the inspection fees under the inspection transactions. The account information will be specified in the relevant payment checkout pages. The inspection fees will be held in escrow in the Account until the inspection transaction is completed or cancelled.
1.5 "Order" in these Rules means an online order for an inspection transaction agreed by Buyer and Inspector on the Inspection Platform of Alibaba.com.
2. Inspection Platform
2.1 The Inspection Platform operates as a separate secondary site within the Alibaba.com website. All registered members of the Alibaba.com website outside the mainland China may access and use the Inspection Platform as Buyers. Only registered members of the Alibaba.com website within the mainland China may access and use the Inspection Platform as Inspectors.
2.2 Inspectors must also meet the following conditions in order to be qualified to trade as an inspector on the Inspection Platform:
(1) Inspector has necessary experience for inspection services;
(2) Inspector has successfully gone through Alibaba.com's verification process;
(3) Inspector has designated a bank account for receiving the funds under the inspection transactions, which has been verified by Alibaba.com and our affiliates;
(4) Inspector has subscribed to the Inspection Platform Buyer Protection Scheme and has agreed to pay the security deposits and to permit Alibaba.com to deduct, withhold and dispose any security deposits in accordance with the terms of the Inspection Platform Buyer Protection Scheme.
2.3 Alibaba.com may reject any application to be registered as an Inspector for any reason.
2.4 Inspection services on the Inspection Platform include the following services: (1) Pre-shipment Inspection; (2) During Production Inspection; (3) Initial Product Inspection; (4) Container Loading Check; and (5) Other inspection services as may be permitted by Alibaba.com. For the avoidance of doubts, the inspection services on the Inspection Plaform shall not require Inspectors to conduct any laboratory tests or use sophisticated measuring instruments.
2.5 Alibaba.com's Transaction Services for inspection transactions are free of charges to Buyer. Alibaba.com charges the service fees ("Service Fees") to Inspector for our Transaction Services.
3. Procedures and Time Limits
3.1 An Inspection Transaction will normally go through the following procedures:
(1) Buyer places an Order on the Inspection Platform;
(2) Inspector confirms an Order on the Inspection Platform by confirming the inspection items, inspection fees and other detailed requirements of the Order;
(3) Buyer pays the inspection fees in full to the Account;
(4) After Alibaba.com notifies Inspector of receipt of the inspection fees, Inspector carries out the inspection and submits the inspection report online in the Inspection Platform;
(5) Buyer reviews the inspection report and confirms to Alibaba.com that you agree to release the inspection fees to Inspector within 7 days after Inspector submits the inspection report;
(6) Alibaba.com instructs Alipay or Alibaba.com (as the case may be) to release the inspection fees received to Inspector;
(7) In case either Buyer or Inspector raises a Dispute in the Inspection Platform, Alibaba.com will have the right to determine whether the Order should be cancelled, whether either of Buyer or Inspector has been in breach, and whether the funds in escrow should be refunded to Buyer or released to Inspector, in whole or in part, in accordance with these Rules, other policies of Alibaba.com or otherwise as Alibaba.com considers appropriate.
3.2 Time Limits: Please refer to the Time Limits for Inspection Transactions for the applicable time limits for inspection transactions.
3.3 References to days in these Rules refer to calendar days.
4. Unqualified Inspection Transactions
4.1 If any of the following circumstances occurs, an Inspection Transaction will be considered as an unqualified Inspection Transaction:
(a) the total inspection fees of the Inspection Transction exceeds US$5,000;
(c) the inspection will be conducted in a place outside the mainland China.
4.2 Alibaba.com has the right to reject or cancel any unqualified Inspection Transaction regardless whether both Buyer and Inspector have confirmed the Order.
5. Creating a Valid Order
5.1 Buyer and Inspector must conclude an Order in the Inspection Platform using the Transaction Services. Buyer and Inspector should ensure that the Order has contained all the required terms and conditions. In particular, Inspector should confirm the detailed inspection requirements of Buyer and ensure that the Order contains the necessary inspection items and details according to Buyer's requirements.
5.2 An Order will become a valid contract binding both Buyer and Inspector when both Buyer and Inspector have confirmed the terms of the Order. If an Order placed by Buyer contains any specifications not acceptable to Inspector, Inspector is advised to contact Buyer to revise the specifications or to initiate a new Order.
5.3 Time is of essence in the inspection transactions.
6. Payment of Inspection Fees
6.1 After the Order is confirmed by both Buyer and Inspector, Buyer must use one of the payment methods designated by Alibaba.com and pay the inspection fees under the Order in full in clear funds to the Account within the prescribed payment period.
6.2 Payment must be in US Dollars.
6.3 If payment is made by T/T, Buyer must provide the Order ID assigned by Alibaba.com for the Order. Otherwise, the payment will be refunded to the payor and Buyer will be considered as having not made the payment.
6.4 Payment of the inspection fees by installment is not permitted.
6.5 If Buyer fails to make payment of the inspection fees in full to an Account within the prescribed payment period, the Order will be considered as being cancelled unless Inspector confirms to Alibaba.com otherwise in writing. Any services and costs incurred by Inspector prior to the receipt of the inspection fees in full in the Account are provided and incurred at Inspector’s sole risk.
7. Inspection and Inspection Reports
7.1 Inspector shall carry out inspection according to the requirements of the Order, including without limitation the inspection items, quantities, methods, standards, place and time of inspection, etc.
7.2 Buyer shall provide all information and documents and render all assistances to Inspector necessary to provide the inspection services. Buyer shall also procure the seller/manufacturer to be inspected to render all assistance to Inspector necessary to provide the inspection services.
7.3 Inspector shall immediately notify Buyer if Inspector knows or becomes aware of any circumstances indicating that actual inspection requirements might be different from those agreed in the Order. Inspector shall promptly obtain written confirmation from Buyer. Inspector may decide whether to proceed with the inspection or not at his own discretion.
7.4 Inspector shall promptly submit the inspection report in such form and language as agreed in the Order in the Inspection Platform. Unless Buyer agrees otherwise, Inspector shall submit the inspection report within 3 days from the inspection date.
7.5 Inspector shall report the results of each and all of the inspection items fairly and accurately. The inspection report shall be issued in the agreed language and shall comply with the other terms of the Order.
7.6 In carrying out inspection, Inspector shall behave themselves in professional and ethical manner. Inspector shall not accept or ask for any gifts or benefits from the seller or manufacturer or their representative.
8. Completion of Order
8.1 Buyer shall promptly review the inspection report and contact Inspector for any issues with the inspection report.
8.2 Within 7 days from Inspector's submission of the inspection report, Buyer should take one of the following actions in the Inspection Platform:
(a) Buyer accepts the inspection report and agrees to the release of the funds in escrow to Inspector;
(b) Buyer requests refunds; or
(c) Buyer raises a Dispute.
If Buyer takes none of the above actions within the prescribed time period, Buyer will be deemed to have agreed to accept the inspection report and to release the funds to Inspector.
8.3 An Order is successfully completed when Buyer confirms or is deemed to have confirmed the release of the funds in escrow to Inspector.
9. Force Majeure
9.1 Neither of Buyer and Inspector shall be held liable for any delay or failure or disruption of the inspection services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals. The party being affected by the force majeure event shall provide Alibaba.com with the evidence of the force majeure event as Alibaba.com considers appropriate.
10. Disputes and Buyer Protection Scheme
10.1 If any Dispute arises between Buyer and Inspector in connection with any Order, the procedures set forth in clause 10 of the Alibaba.com Transaction Services Agreement as by these Rules shall apply. Alibaba.com encourages both Buyer and Inspector to settle your Disputes through amicable negotiations.
10.2 A dispute resolution process is available in the Inspection Platform. Either of Buyer or Inspector may raise the Dispute in the Inspection Platform.
10.3 In any event, after an Order is successfully completed, Buyer must raise any Dispute in respect of the Order or the inspection services under the Order within three (3) months from the date when the inspection fees are released to Inspector. After such three (3) month period, Buyer shall be deemed to have waived any claim under the Order.
10.4 If Inspector is in breach of any Order, Buyer may be entitled to refund of all or part of the inspection fees. Buyer may be additionally entitled to compensation under the Inspection Platform Buyer Protection Scheme. However, in no event the total compensations to be received by Buyer under an Order may exceed RMB20,000 (or its USD equivalent) or 20 times of the inspection fees under the Order, whichever is lower.
10.5 Alibaba.com shall have the absolute discretion to award the compensations to Buyer under an Order under the Inspection Platform Buyer Protection Scheme. Inspector agrees that Alibaba.com may deduct, withhold and pay your security deposits under the Inspection Platform Buyer Protection Scheme.
10.6 In case of the refund or any compensation payable to Buyer, Buyer shall provide Alibaba.com and Alipay the details of your correct and valid bank account for receipt of the amount.
11. Disposal of Funds
11.1 All funds paid by Buyer under the inspection transactions will be held in escrow.
11.2 The funds in escrow under any Order will only be disposed in any of the following events:
(a) in case of the successful completion of the Order, all the funds will be released to Inspector;
(b) in case of the cancellation of the Order, all the funds will be refunded to Buyer;
(c) in case of any settlement agreement reached by Buyer and Inspector, the funds will be disposed in accordance with such settlement agreement;
(d) in case that a Dispute has been submitted to Alibaba.com for our determination and Alibaba.com's determination has becomes final and binding according to clause 10 of the Alibaba.com Transaction Services Agreement , the funds will be disposed in accordance with Alibaba.com's determination; or
(e) if Alibaba.com or Alipay or our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, the funds will be disposed in accordance with such order, ruling, award or judgment.
11.3 When disposing any funds in escrow, Alibaba.com and Alipay will have the right to deduct Service Fees due and payable to Alibaba.com (if any) and in such amount as instructed by Alibaba.com. The Service Fees will become due when the Order is completed, cancelled or otherwise closed.
11.4 Alibaba.com and Alipay shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and/or disposing the funds and the party receiving the funds will bear the costs of such financial charges.
11.5 All payments will be denominated in USD only. Buyer and Inspector shall bear the risks foreign exchange conversion if you pay or receive the funds in a different currency.
11.6 Buyer should note that the refund for an Order may be less than the original order amount due to the deduction of the financial charges and/or the foreign exchanges conversion.
12. General Provisions
12.1 Both Inspector and Buyer should retain the original records in connection with any transaction for not less than 2 years.