NG-Marine

Terms and Conditions 

1. DEFINITIONS

1. SURVEYOR/CONSULTANT is the surveyor or consultant identified in the TERMS email sent in response to an enquiry and/or instruction as the case handler.
2. CLIENT is the enquiring/instructing party.
3. REPORT any written or oral statement supplied by the Consultant/Surveyor, concerning the instructions received from the Client.
4. SERVICES means the scope of work as set out in writing, accepted and performed by the Consultant/Survey

2. OBLIGATIONS AND RESPONSIBILITIES

1. These conditions shall govern all responsibility and liability for Services between the Surveyor/Consultant and Client. The Surveyor/Consultant shall have the right to sub-contract any of the Services, subject to the Client’s right to object on reasonable grounds. In the event of such a sub-contract, the Surveyor/Consultant shall remain liable as herein for the due performance of the Services under these conditions. A person who is not a party to this agreement has no right to enforce any term hereunder.
2. NG-Marine shall, when accepting instructions, identify the party who is the Client and unless otherwise agreed in writing, shall identify as the Client from whom instructions were received.
3. The Client shall ensure that full instructions are given to NG-Marine and that these are provided in sufficient time to enable the required work to be performed effectively and efficiently, and to procure all necessary access for NG-Marine to goods, vessels, documents, premises, installations, and transport. Any subsequent changes or additions must be agreed upon by both parties in writing. The Surveyor/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate, or ambiguous instructions of the Services required.
4. NG-Marine will exercise due care and skill in the performance of its work, per sound surveying and consultancy practices.
5. NG-Marine will only undertake work for which its personnel are considered to have adequate qualifications and experience.
6. NG-Marine 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 NG-Marine to continue to work for the Client.

3. SCOPE 

1. The scope of work to be undertaken by NG-Marine and in respect of which NG-Marine shall have duties and responsibilities to the Client shall be limited solely to the work expressly set out in the Client’s instructions given per Clause 2.3 and accepted by NG-Marine in writing. 

4. CONFIDENTIALITY

1. NG-Marine will not disclose any information provided to it 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.

5. FEES

1. Subject to Clause 5.2 and/or as may be agreed otherwise in writing by the parties, NG-Marine’s fees are typically based upon time expended unless otherwise agreed.  The rates for any work to be carried out will be agreed with the Client in advance. Time spent traveling will be charged at half rate.
2. NG-Marine reviews charging rates annually.  The Client will be advised of any changes affecting them.

6. DISBURSEMENTS

1. All reasonable expenditures necessarily incurred to enable NG-Marine to carry out the work will be charged at cost.  This may include costs for travel, hotels, subsistence, photography, communications, copying, courier charges, analysts, and the like.

7. ACCOUNTS AND PAYMENT

1. NG-Marine normally renders bills upon completion of the assignment and also reserves the right to render interim accounts periodically at NG-Marine’s discretion.  All bills are payable punctually and, in any event, not later than 30 days following the relevant invoice date, or in such manner as may have been agreed in writing by the parties.  Without limiting any other rights or remedies, any delay in payment shall entitle NG-Marine to suspend or terminate the performance of any further work for the Client.
2. Unless otherwise agreed in writing by the parties, the Client will be fully responsible for payment of NG-Marine’s invoices per these Terms and Conditions.

8. LIABILITY

1. Without prejudice to Clause 9, 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.
2. Any report or advice rendered to the Client by NG-Marine is intended for the use of the Client only and no responsibility or liability is accepted to any third parties and no third parties shall be entitled to benefit from or enforce these Terms. 
3. The Client’s engagement and instructions are solely with and to NG-Marine and no employee or agent of NG-Marine will assume any personal liability for the conduct of the work related to such engagement and instructions. 
4. Whilst NG-Marine takes reasonable precautions against viruses by use of a firewall and virus-checking software, NG-Marine does not guarantee that its email correspondence will always be free from viruses.

9. INDEMNITY

1. Except to the extent that the Surveyor/Consultant would be liable under Clause 8, the Client hereby undertakes to keep the Surveyor/Consultant and its employees, agents, and sub-contractors indemnified and to hold them harmless against all claims that may be brought against them which the Surveyor/Consultant may incur, either directly or indirectly, in the course of providing the Services. The Client agrees to release, defend, indemnify, and hold harmless Surveyor/Consultant from and against any claims arising out of the performance of Services, regardless of fault, involving personal injury, illness, or death of any member of the Client, its employees, agents, and sub-contractors.

10. FORCE MAJEURE

1. Neither the NG-Marine nor the Client shall be responsible for any loss, damage, delay, or failure in performance hereunder arising or resulting from an act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions, and arrest or restraint of governments, rulers or people or any other circumstances beyond its reasonable control.

11. CONSEQUENTIAL LOSSES

1. Neither party shall be liable to the other party, under contract or otherwise, for any indirect, incidental, consequential, special, punitive, exemplary, or liquidated damages including, without limitation, loss of profit, loss of product, loss or inability to use property, or business interruption howsoever described.