Alibaba.com Inspection Transactions Dispute Rules
Thank you for using Alibaba.com’s Inspection Platform and Transaction Services. These Inspection Transactions Dispute Rules (“Dispute Rules”) describe the general principles how Alibaba.com handles disputes between Buyers and Inspectors in inspection transactions in the Inspection Platform. Alibaba.com aims to provide a fair and safe transaction platform for Buyers and Inspectors.
These Dispute Rules provides for general principles for handling disputes in connection inspection transactions in the Inspection Platform. You agree that Alibaba.com will have the full power, right and discretion to handle and determine all matters concerning any disputes in inspection transactions as Alibaba.com considers appropriate having regard to the general principles set forth in these Dispute Rules, the commonly accepted practices in inspection services, the supporting documents provided by Buyers and Inspectors as well as the circumstances of the individual dispute cases. You also agree to accept and abide by Alibaba.com’s determinations.
Alibaba.com may revise these Dispute Rules from time to time. The revised version will be effective immediately upon posting.
Alibaba.com encourages that Buyers and Inspectors to resolve your disputes in the inspection transactions through amicable negotiations.
Section 1: Definitions
1.2 The references to “Buyer” and “Inspector”” have the same meaning as used in the Alibaba.com Inspection Transactions General Rules.
1.3 The term “manufacturer” means the seller or manufacturer who supplies the products to Buyer and against whom or against whose products Inspector will conduct the inspection.
Section 2: General Provisions
2.2 You should provide any supporting document within the relevant prescribed time limit. Generally speaking, the communication records between Buyer and Inspector that may be acceptable to Alibaba.com only include communication records of TradeManager (“TM”) and emails. Alibaba.com may reject any supporting document from Buyer or Inspector for any reason.
2.3 If Inspector claims that you are unable to carry out inspection or submit the inspection report in time due to a force majeure event, Inspector must provide the valid certification as Alibaba.com requires.
2.4 It is Buyer’s responsibility to procure that the manufacturer will render all reasonable assistance and cooperation to Inspector to carry out the inspection.
2.5 During the dispute procedures, Alibaba.com shall have the right to suspend or freeze the relevant Order in question.
2.6 Alibaba.com shall have the full right and discretion to accept or reject any supporting document. If you fail to provide any supporting document within the prescribed time limit or you submit any supporting document which is found to be forged or falsified or otherwise wrong, Alibaba.com shall have the right to draw an assumption or conclusion against you.
Section 3: Dispute Cases
(a) Inspector’s failure in submitting the inspection report in time means that Inspector fails to submit the inspection report within 3 calendar days from the inspection date agreed by Inspector and Buyer.
(b) If Inspector does not provide any valid reasons for the late submission or non-submission of the inspection report within 5 working days of notification from Alibaba.com, Inspector will be considered as in breach, and the inspection fees may be refunded in full to Buyer.
(c) If Inspector provides valid reasons, Alibaba.com may determine whether any part of the inspection fees should be refunded to Buyer. Valid reasons that Alibaba.com may take into considerations include the incorrect information supplied by Buyer or the manufacturer on the inspection place, or the manufacturer or products to be inspected, non-cooperation by the manufacturer.
3.2 Buyer unsatisfied with the inspection report
(a) Cases of Buyer being unsatisfied with the inspection report include cases where the inspection reports do not contain the results or photos of the required inspection items, where the inspection reports are not written in the agreed language, where the inspection reports do not provide the sufficient details as would be required in similar cases, etc.
(b) If Inspector does not provide any valid reasons for Buyer’s complaint about the inspection report within 5 working days of notification from Alibaba.com, Inspector will be considered as in breach, and the inspection fees may be refunded in full to Buyer.
(c) If Inspector provides valid reasons, Alibaba.com may determine whether any part of the inspection fees should be refunded to Buyer. Valid reasons that Alibaba.com may take into considerations include non-cooperation by the manufacturer, the environment at the manufacturer makes the inspection impossible, etc.
3.3 Products received by Buyer incompatible with the inspection report
(a) Cases of products received by Buyer being incompatible with the inspection report exclude cases where the problems in the products have been identified in the inspection report. This category of dispute cases only applies where the Order for the inspection services has been completed and the inspection fees have been released to Inspector.
(b) If Inspector does not provide any valid reasons for Buyer’s complaint about the discrepancies between the products and inspection report within 5 working days of notification from Alibaba.com, Inspector will be considered as in breach, and the inspection fees may be refunded in full to Buyer.
(c) If Inspector provides valid reasons, Alibaba.com may determine whether any part of the inspection fees should be refunded to Buyer. Valid reasons that Alibaba.com may take into considerations include damage to the products due to another party such as the logistic or shipping company, decay due to the nature of the products.
(d) For dispute cases under this category, in addition to refund of the inspection fees, Alibaba.com may award additional compensation to Buyer at Alibaba.com’s sole discretion depending on the circumstances of each dispute case. However, in any event, the total amount of the refund and additional compensation payable to Buyer shall not exceed RMB20,000 (or its USD equivalent) or 20 times of the inspection fees paid by Buyer, whichever is lower.
Section 4: Other provisions
4.2 If Buyer or Inspector violates other terms, policies or rules of Alibaba.com, you may be imposed with additional penalties. If Inspector engages in any dishonest activities, Alibaba.com may terminate the provision of the Transaction Services to Inspector and may also terminate Inspector’s subscription to the free or Gold Supplier paid membership services without any refund to Inspector. Inspector’s dishonest activities include where Inspector issues the inspection report without actually having conducted the inspection, where Inspector should have found out that the products inspected should be materially different from the products ordered by Buyer but have failed to identify the problem in the inspection report, whether knowingly or negligently.