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AUSTRALIAN MARINE CONSULTANTS PTY.LTD. |
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Standard
Terms and Conditions |
1. Definitions:
"Surveyor"/"Consultant" is Australian Marine
Consultants Pty.Ltd. - the Surveyor/Consultant trading under
these conditions.
"Client" is the party at whose request or
on whose behalf the Surveyor/Consultant undertakes services.
"Report" means any report supplied by the
Surveyor/Consultant in response to instructions from the Client.
"Disbursements" means the cost of all reasonable
expenses which may be necessary.
"Fees" means the fees charged by
the Surveyor/Consultant to the Client and any Disbursements
2. Scope
The Surveyor/Consultant shall provide its
services solely in accordance with these terms and conditions.
3. Work
The Client will set out in writing the services
which it requires the Surveyor/Consultant to provide. The Surveyor/Consultant
will confirm in writing that it accepts those instructions or
alternatively what services it will perform in connection with
the Client's instructions. Any subsequent changes or additions
must be agreed by both parties in writing.
4. Payment Terms
Fees shall be payable in full prior to attending
the vessel or as otherwise arranged with Surveyor/Consultant.
5. Obligations and Responsibilities
(a) Client
The Client undertakes to ensure that full
instructions are given to the Surveyor/Consultant and are provided
in sufficient time to enable the required services to be performed
effectively and efficiently and to procure all necessary access
for the Surveyor/Consultant and to ensure that all appropriate
safety measures are taken to provide safe and secure working
conditions. The Surveyor/Consultant shall not be liable for
the consequences of late, incomplete, inadequate, inaccurate
or ambiguous instructions.
(b)
Surveyor
The Surveyor/Consultant shall use reasonable
care and skill in the performance of the services in accordance
with sound marine surveying/consulting practice.
(c) Reporting
The Surveyor/Consultant shall submit a written
Report to the Client following completion of the agreed services
describing the Surveyor’s/Consultant’s findings
and the condition and/or quality of the object and/or purpose
of the assignment, unless otherwise expressly instructed by
the Client not to do so.
(d)
Confidentiality
The Surveyor/Consultant undertakes not to
disclose any information provided in confidence by the Client
to any third party and will not permit access to such information
by any third party unless the Client expressly grants permission
save where required to do so by an order of a competent court
of law.
(e) Property
The right of ownership in respect of all original
work created by the Surveyor/Consultant remains the property
of the Surveyor/Consultant.
(f)
Conflict of Interest/Qualification
The Surveyor/Consultant shall promptly notify
the Client of any matter including conflict of interest or lack
of suitable qualifications and experience, which would render
it undesirable for the Surveyor/Consultant to continue its involvement
with the appointment.
6.
Liability
(a) Without prejudice
to Clause 7, the Surveyor/Consultant shall be under no liability
whatsoever to the Client for any loss, damage, delay or expense
of whatsoever nature, whether direct or indirect and howsoever
arising UNLESS same is proved to have resulted solely from the
negligence, gross negligence or wilful default of the Surveyor/Consultant
or any of its employees or agents or sub-contractors ,
(b) In the event
that the Client proves that the loss, damage, delay or expense
was caused by the negligence, gross negligence or wilful default
of the Surveyor/Consultant, then, save where loss, damage, delay
or expense has resulted from the Surveyor’s/Consultant’s
personal act or omission committed with the intent to cause
same or recklessly and with knowledge that such loss, damage,
delay or expense would probably result, the Surveyor’s/Consultant’s
liability for each incident or series of incidents giving rise
to a claim or claims shall never exceed a sum calculated on
the basis of ten times the Surveyor's/Consultant's charges.
(c) The Surveyor/Consultant
shall not be liable for loss of or damage to equipment and other
items placed at its disposal by or on behalf of the Client however
such loss or damage occurs.
7.
Indemnity
Except to the extent and solely for the amount
therein set out that the Surveyor/Consultant would be liable
under Clause 6, the Client hereby undertakes to keep the Surveyor/Consultant
and its employees, agents and sub-contractors indemnified and
to hold them harmless against all actions, proceedings, claims,
demands or liabilities whatsoever or howsoever arising which
may be brought against them or incurred or suffered by them,
and against and in respect of all costs, loss, damages and expenses
(including legal costs and expenses on a full indemnity basis)
which the Surveyor/Consultant may suffer or incur (either directly
or indirectly) in the course of the services under these Conditions.
8. Force Majeure
Neither the Surveyor/Consultant nor the Client
shall, except as otherwise provided in these Conditions, be
responsible for any loss, damage, delay or failure in performance
hereunder arising or resulting from act of God, act of war,
seizure under legal process, strikes, boycotts, lockouts, riots,
or civil commotions.
9.
Insurance
The Surveyor/Consultant shall effect and maintain,
at no cost to the Client, Professional Liability Insurance for
such loss and damage for which the Surveyor/Consultant may be
held liable to the Client under these terms and conditions.
10. Surveyor’s/Consultant’s
Right to Sub-contract
The Surveyor/Consultant shall have the right
to sub-contract any of the services provided under the Conditions,
subject to the Client’s right to object on reasonable
grounds. In the event of such a sub-contract the Surveyor/Consultant
shall remain fully liable for the due performance of its obligations
under these Conditions.
11.
Time Bar
Any claims against the Surveyor/Consultant
by the Client shall be deemed to be waived and absolutely time
barred upon the expiry of one year from the submission date
of the Report to the Client.
12.
Jurisdiction and Law
These Conditions shall be governed by and
construed in accordance with the laws of Queensland and any
dispute shall be subject to the exclusive jurisdiction of the
Queensland Courts. |
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