Terms & Conditions
Terms and Conditions of Services
1 General
1.1 This document, titled “Terms and Conditions of Services” (the “Terms and Conditions”), governs inspection, auditing, monitoring, and consulting services (the “Services”) provided by Anomaly Consulting, LLC (hereinafter called “Anomaly Consulting”). Unless otherwise specifically and expressly agreed in writing by Anomaly Consulting, the Terms and Conditions shall prevail over any other purchase terms and conditions.
1.2 Services carried out by Anomaly Consulting on behalf of an entity or individual from whom the instructions to act have originated (hereinafter called the “Principal”) will be carried out using techniques and processes that permit independent, impartial, and objective inspection, monitoring, and audit. The result of the Services will be reported in written form (hereinafter called the “Report”) and delivered by email or other forms of communication to the Principal.
1.3 No party other than the Principal shall be entitled to give instructions to Anomaly Consulting, particularly on the scope of inspection or delivery of the Certification or Report, unless authorized by the Principal.
2 Provision of Services
2.1 Anomaly Consulting, in the capacity of an independent third party, supplies information in the form of ascertainment or recommendations for the particular purpose of contributing to the prevention of risks to which the beneficiaries of its Services are exposed and of helping the Principal ensure the quality of the products/services they are purchasing. Anomaly Consulting’s Services include but are not limited to the following:
Field audits;
Pre-production inspections and quality control;
Production inspections, materials testing, and quality control;
Final inspections and quality control;
Post-construction inspections, materials testing, and quality control
3 Anomaly Consulting’s Obligations and Undertakings
3.1 Anomaly Consulting expressly reserves the right to act at its discretion in accepting or declining a request for Services. Anomaly Consulting may decline such a request if the services:
Fall out of Anomaly Consulting’s scope of business;
Present geographical accessibility problems, such as services to be rendered or products to be found in restricted or highly remote areas; and,
Requires Anomaly Consulting to obtain special permissions, such as governmental permissions.
3.2 Anomaly Consulting undertakes to supply the Services it has accepted in a professional and timely manner, following proper professional practices, in compliance with the Principal’s special instructions when ordering the Services, and as confirmed by Anomaly Consulting.
4 Principal’s Obligations and Undertakings
4.1 To take all reasonable steps to ensure that Anomaly Consulting has access to the site and materials on which the Services will be provided;
4.2 To provide Anomaly Consulting with all information and samples, as well as documents necessary to complete the requested Services, promptly (and in any event no later than one business day before the starting date of the Services), except for generally available documents such as codes and standards, either directly or through suppliers or agents of the Principal;
4.3 To ensure that adequate instructions and notices are given to Anomaly Consulting in due time to facilitate proper performance for the Services;
4.4 To advise Anomaly Consulting 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 the Services are to be rendered;
4.5 To provide Anomaly Consulting with adequate working conditions and access to the site of Services.
4.6 Documents reflecting engagements between the Principal and third parties or third parties’ documents, if received by Anomaly Consulting, are considered for information only and do not extend or restrict the scope of Services or obligations accepted by Anomaly Consulting
5 Invoices, Fees, and Payments
5.1 The Principal shall pay for the inspection or audit fees at the final inspection date. Reports are completed, certified, and provided to the Principal after the final inspection and payment has been made.
Please write your project reference number and your invoice Number in the memo line if you are paying by check. Checks shall be mailed to: Anomaly Consulting, LLC 6235 Lawyers Hill Rd, Elkridge, MD 21075. Enquiries shall be emailed to [email address removed] [Please confirm or replace with the correct email address] Invoices paid online are subject to the processing fees charged by the processing vendor (Visa, Mastercard, AMEX, PayPal).
5.2 For prospective clients with confirmed usage of ten or more man-days of monthly inspections, Anomaly Consulting may allow the Principal to make payments after Reports are completed. If payments are made after reports, the payment must be received within fourteen days from the invoice date. Should the Principal fail to pay within the above time, Anomaly Consulting shall charge a late fee of 5% of the outstanding balance plus interest on overdue Invoices at the rate of 2% per month. If payments are two months or more past due, Anomaly Consulting may engage a third-party company to collect payments for the outstanding Invoices. The Principal will bear all costs associated with the collection, including attorney fees.
5.3 The Principal must give Anomaly Consulting at least one business day of advance notice for cancellation or change of schedule for the Services. If the Principal fails to provide at least one business day of notice, the Principal will be charged the total Inspection Services fees.
5.4 In the event Anomaly Consulting is prevented from performing or completing the Services for reasons such as but not limited to incorrect information or instructions given by the Principal or the Principal’s agents and/or suppliers (e.g., projects are not ready for inspection), the Principal agrees to reimburse Anomaly Consulting man-day fees and out-of-pocket expenses relating to the Services, to pay proportional fees due for the Services rendered, and to release Anomaly Consulting from all liabilities for partial or non-performance of the Services.
6 Limitation of Liabilities
6.1 Anomaly Consulting is neither an insurer nor a guarantor and expressly disclaims such capacity. Clients seeking a guarantee against losses or damages should obtain appropriate insurance.
6.2 Anomaly Consulting will issue Reports relating to the facts as observed and recorded by it and based on documents and information provided by the Principal. Anomaly Consulting is not obligated to report upon facts or circumstances outside the specific scope of its Services.
6.3 Anomaly Consulting’s Report is given only in relation to information provided by the Principal. Anomaly Consulting will not be liable for issues caused by incomplete or erroneous information from the Principal, its agents, or suppliers.
6.4 Anomaly Consulting undertakes to use its best efforts and exercise due care in providing services and accepts liability only in the case of gross negligence proven by the Principal. In the event of Anomaly Consulting being held liable in respect of any claim for losses, damages, or expenses of whatsoever nature and however arising, its liability to the Principal shall in no circumstances exceed the total aggregate amount of fees paid for the specific single service for which a claim is made. In addition, in the case of Services for Field Audits, Pre-construction, and Production Inspections, where less than 100% of the production is complete, Anomaly Consulting’s responsibility will only extend to those items completed at the time of the inspection. The Report does not provide evidence of completion of the project's scope.
6.5 In the event of claims, notices must be given to Anomaly Consulting headquarters at 6235 Lawyers Hill Rd. Elkridge, MD Tel. 202-868-3616 Email. hello@theanomalyco.com within seven days following the discovery of the facts or three months from completion of the Services.
7 Termination of Services
7.1 Anomaly Consulting may terminate or suspend the provision of Services if:
The Principal has a material breach of its obligations under the Terms and Conditions and/or other Terms of Services agreed by Anomaly Consulting and the Principal.
The Principal is insolvent or unable to pay its debts, or has a receiving order against it, or 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.
8 Miscellaneous
8.1 The Report will reflect findings at the time and place of the Services. The Report does not discharge Contractors, Builders, Subcontractors, Buyers, and/or Sellers from their legal and/or commercial obligations toward the Principal.
9 Applicable and Governing Laws, Jurisdiction, and Settlement of Disputes
9.1 Unless otherwise provided, the Terms and Conditions shall be governed by and be construed under the laws of The United States of America and the States of Maryland or Virginia.
9.2 All disputes or differences between the parties concerning or arising out of the Services shall be submitted to the nonexclusive jurisdiction of the Courts of Maryland or Virginia in The United States of America.
Please let us know if you have any questions or need further assistance.