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1. Background

Mexico Footwear Agency (hereinafter called “MF”) acts as a consultant for sourcing and quality purposes. MF acts in the capacity of an independent third party, on behalf of its clients and offers investigation, inspection and consulting services for importers buying footwear and/or leather products in Mexico.

2. Access to this Site

This Site is owned and operated by MF. MF grants you a limited license to access and make personal use of its website. It is not allowed to download (other than regular and proposed documents), or to modify any portion of the website, except with the express written consent of MF.

This license does not include any resale or commercial use of the website or its contents. Collection and use of information such: product listings, descriptions or pricing is forbidden. Any derivative use of the website or its contents such as downloading or copying of account information, using of data mining, robots or similar data gathering and extraction tools are strictly forbidden. The website or any portion thereof is not allowed to be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of MF.

Framing or any other assimilated framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, video, sound, scripts, page layout or form) is not allowed without the express written consent of MF. You may not use any Meta tags or other “hidden text” using MF’s name (Mexico Footwear Agency) or trademarks without the express written consent of MF. Any unauthorized use terminates the permission or license granted by MF could sue you.

MF may not be responsible for any damages occurred on the client’s computer trough the using of the MF’s website or files provided by MF.

3. General

Every time you use or access to this website, you agree to be bound by these Terms and Conditions.

You agree that the owners of this web site (MF) exclusively reserves the right and may, at any time and without notice modify or discontinue this web site and its services or delete the data you provide.

We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of neither any data nor information.

4. Services

MF services, hereunder called “services”, include but are not limited to:

  • Investigation (Find Manufacturers, Virtual Supplier Investigation, Negotiation).
  • Quality Control (Sample Check, On-Site Factory Audit, Production Inspection, Pre Shipment Inspection).
  • Sourcing Agent (All In One)
  • Other (Translator, Interpreter, Travel Consulting).

MF will perform its services on behalf of the client and MF will do its best to ensure that services are performed in a professional and reliable manner.

5. Performance of services

The performance of the Service will consist in a document, hereunder called the “Report”. The Report will display the collection of information that MF has been requested to supply and will be delivered as an PDF format report, sent by email.

MF acts as a third party but still perform its services on behalf of the client. Our role is to investigate, inspect and/or give advice to prevent communication misunderstandings and prevent quality issues related to our clients’ production and for which our clients request a service.

MF will carry out its services according to client’s specifications made on the online booking and after validation by MF. In the case where there is no client’s specification, MF will use the relevant and/or available standard(s) or common practices to perform its services.

Client should book its demand(s) online from its private account, as much as possible in advance.

MF keeps the right to accept or reject a demand of service or a request of any kind and cannot be sued or considered liable if do so.

6. Client’s obligations

The Client agrees to supply MF with relevant, true and correct information when ordering the services either online from its private account on MF website or through email(s) sent to his account manager.

Moreover, the client shall ensure that MF will access the needed information not later than 2 full working days before the desired service.

Client cannot modify his order within 1 full working day prior to the day of the performance of the service. Any modification of the order shall be sent by email to the account manager.

Clients may cancel the desired service but not after 1 full working day before the requested and planned service date, otherwise MF will charge the service entirely (full fee) to the client and will be released from its obligations

Client accepts to abide to our payment and invoicing policy.

7. Pricing, Payments and Invoicing policy

We normally invoice clients per man-day (1 consultant / 1 day) for the investigation and inspection services.

Payment is expected online or offline upon booking prior to the performance of the Service. Regular clients can pay after the performance of the Service with an extra 5% charge added to the order pricing. For new clients, services have to be paid prior to the service.

All Investigations, Inspections and Consulting are billed together in one monthly invoice, issued at the month-end.

Services fees are labeled in USD. MF offers 2 payment solutions:

  • Online payment: MF uses Paypal as online payment solution. Orders settled online are subject to payment of Paypal payment processing fees (see Paypal conditions on www.paypal.com)
  • Offline payment: Invoices can be settled offline by bank transfer (TT / telegraphic transfer of money, from bank to bank). When transferring the money with its bank, the client agrees to pay for his own bank fees and overseas charges, while we pay for our own bank fees.

For orders invoiced with additional expenses (travel expenses for orders outside of our network or orders performed by other specialists), these orders will be charged based on real travel expenses (receipts will be provided), and additional administrative costs. If the payment had occurred prior to the service, an advance for travel expenses might have been charged. In this case, the client will have to pay for real travel expenses and we will deduct the advance from his next invoice.

8. Liability and indemnification

8.1 Limitation of liability

  • a) MF will accept liability only in case of proven negligence.
  • b) In the event of inaccurate information being given to MF by any third party, there is no acceptance of liability.
  • c) MF is not an insurance company and legally is not required to bear such a role. Clients who want to ensure their goods against non-conforming quality; problem of shipment schedules; inadequate materials, etc should look for a proper insurance through an accredited insurance company.

8.2 Diligence

MF will do its best to perform its services with due diligence, and shall perform our services based on client instructions. These instructions are provided online through the MF online booking system. Therefore, MF will issue all quality reports related as per direction, and only the facts will be recorded within the limits of instructions and criteria sent by the client.

Therefore, MF is under no obligation to report information that is not specified by the client through MF online booking. Moreover our services do not include the checking of the internal mechanics; safety requirements; chemical testing of products; exact materials, to be used to produce the goods. Such verification can be done through laboratory testing services with our accredited partners.

If MF is not able to perform its services as per Force Majeure; i.e.: out of MF control, no responsibility will be obligated for this.

8.3 Practical Terms

MF is not liable for any claims on inspected goods when:

  • a) Less than 80% of products were ready for inspection.
  • b) Inspection was failed, with no re-inspection completed.
  • c) Inspection was completed at an AQL less than Level II.
  • d) The MF inspection report does not evidence actual shipment.

Per MF’s terms, it is the client’s responsibility to:

  • a) Provide clear information for investigation purposes.
  • b) Ensure that inspection is performed at the proper time, when the proper percentage total is finished.
  • c) Ensure that a re-inspection is performed after a failed inspection, and following the factory’s reworking of the goods.
  • d) Select a strict minimum sampling size, at least AQL Level II, to ensure a quality-standard representative inspection.

8.4 Indemnification

In the event of MF being held liable in respect to any claim of loss, damage or expense of any nature, the liability to the claim shall in no circumstances exceed five times the total average sum of invoices paid for the specific single service for which a claim is made if no approved reference sample was provided by the client, and five times if an approved reference sample was provided and made available to MF prior to inspection two working days prior to the confirmed inspection date subject to the inspection to AQL level II/reference on-site, on the day of inspection.

In case of Shipping Supervisions: a)where less than 100% of the production is complete, our responsibility will only extend to those items completed at the time of inspection; b) the report does not evidence shipment.

If client has a claim or a loss to declare, notice must be given to MF headquarters (info@mexicofootwear.com) within 1 week following discovery of the facts, or within two months from the completion of the MF Service.

9. Termination of services

MF has the right to suspend or terminate the provision of services to the client at any time.

Provision of services will be automatically suspended in case where client does not follow these terms and conditions or if client does not pay or is unable to pay.

10. Supplier & Factory obligations

The report is not a certificate for the supplier and is not an evidence for shipment(s). The issuance of the report does not exonerate the buyers from exercising all their rights and does not release the manufacturer or seller from his contractual liabilities and responsibilities for its products.

11. Jurisdiction

These terms and conditions shall be governed by the laws of the Republic of Mexico without regard to its conflict of law provisions. This shall also apply in case the client registers from another country. The place of jurisdiction is the location of the MF registered office.

12. Copyright

The information contained on this website or in any publication made available on or through this website is the exclusive property of MF. Nothing contained in this website or in any documents (reports, invoice, poster, flyer, business card) created and provided by MF may be reproduced, distributed or edited in any manner without the prior written authorization of MF.

13. Disclaimer

The information contained and accessed on or through this website is provided by MF for general guidance and is intended to offer you general information of interest. MF owns or licenses all text, data, images, logo and other materials on the Site. MF has made every effort to ensure that the information contained on this Site is accurate and reliable. However, errors may sometimes occur. Therefore MF expressly disclaims all express or implied warranties of any kind as to any matter whatsoever relating to these pages. In no event shall MF be liable for any indirect or consequent loss or damage (whether for loss of profit or otherwise) arising out of or in connection with the use of this website.