Terms & Condition
Source:    Publish Time: 2011-04-08 19:55   7290 Views   Size:  16px  14px  12px
Terms & Condition

STANDARD MARINE & CARGO SURVEY (ASIA) LIMITED

標準公證行(亞洲)有限公司

 

Unless otherwise agreed in a written contract, STANDARD MARINE & CARGO 

SURVEY ( ASIA ) LIMITED services will be performed under the following 

general terms and conditions:

 

DEFINITIONS

" SMSL" means Standard Marine & Cargo Survey ( Asia ) Limited, a surveying 

company registered in the Hong Kong S.A.R.

 

" Principal " means the person or company from whom the instructions to 

act have been received.  As is described in clause 2 below, SMSL may act in 

any inspection either for a sole principal or for joint principals. The term 

Principal when used in these terms and conditions shall, in relation to an 

instruction in which SMSL acts for joint principals, refer to SMSLs joint 

principals jointly and severally.

 

1

 

SMSL provides inspection services to its Principal. It performs 

inspections, verifications, examinations, tests, sampling, 

measurements, tank calibrations and similar operations. In 

addition, SMSL provides advisory, consultancy, computer 

software and other services in connection with such matters. 

The results of SMSL’s inspection and testing procedures are 

provided to its Principal in reports and certificates

 

 

 

2.1

 

SMSL will act either on behalf of a sole principal or two or 

more principals. The principal or principals are the parties to 

whom SMSL addresses its Confirmation of Instruction, a written 

confirmation which SMSL sends out whenever a new instruction 

is accepted.

 

 

 

2.2

 

If the Confirmation of Instruction is addressed to a single individual 

or company then SMSL’s services will be performed for that 

addressed as sole principal. If the Confirmation of Instruction is 

addressed to more than one individual or company then SMSL’

 services will be performed for those address as joint principals.

 

 

 

2.3

 

When SMSL acts for joint principals an agreement will be reached 

about the proportion in which those joint principals are responsible 

for SMSL’s fees.

 

 

 

2.4

 

Joint principals will be jointly and severally liable for the obligations 

described in paragraphs 3, 4 and 12 below.

 

 

 

3.

 

SMSL will perform services in accordance with the Principal

specific instructions, relevant industry standards and trade customs, 

and such other methods as may be considered technically suitable 

by SMSL.

 

 

 

4.

 

The Principal will ensure that instructions are issued to SMSL in 

due time to enable the required services to be performed 

effectively. The Principal will ensure that installations, ships, 

refineries, etc are aware of the instructions of SMSL and that the 

inspectors will be permitted to execute them without hindrance. 

SMSL cannot be held responsible for total or partial non-execution 

of the Principal instructions which cannot be executed due to 

limitations placed on its performance by third parties. In the event 

of SMSL being totally or partially prevented from the performance 

of the required service by any cause whatsoever which is outside 

SMSL’s control, SMSL shall immediately be relieved of all 

responsibility whatsoever for the partial or total non-performance of 

the required service and the Principal shall pay to SMSL all expenses 

incurred by SMSL until cessation of the service being performed. 

The Principal shall ensure that all necessary measures are taken for 

safety and security of working conditions, sites and installations 

during the performance of services.

 

 

 

5.

 

SMSL is entitled in its absolute discretion to delegate the 

performance of all or any part of the services to an agent or 

subcontractor. SMSL is authorized b y the Principal to disclose to 

its appointed agents and subcontractors any and all information 

and documentation which is reasonably necessary in order to enable 

the performance of the services

 

 

 

6.

 

The contract between SMSL and its Principal will not be affected by 

any contract between the Principal and any third party including 

without limitation any contract of sale, purchase or supply, any 

letter of credit or other trade finance contract and any bill of lading 

or other document of title. If SMSL receives a copy of such a 

contract, or any document which describes the terms of such 

a contract, then it will receive it for information only.

 

 

 

7.

 

SMSL, its agents, subordinates and representatives will use 

reasonable care and skill in performing the services it provides to 

the Principal.  It shall be under no liability to the Principal other 

than for claims arising through negligence, recklessness or willful 

misconduct, the burden of proof being upon the Principal.

 

 

 

8.1

 

The liability of SMSL in respect of any claim for loss, damage 

or expense of any nature and however arising is limited to a total 

aggregate sum equal to ten times the amount of the fee paid in 

respect of the specific service which gives rise to the claim. Where 

the fee payable relates to a number of services and a claim arises 

in respect of one of those services the fee shall be apportioned for 

the purposes of this clause by reference to the estimated time 

involved in the performance of each service. SMSL shall be under 

no liability whatsoever to the Principal for any claims arising in 

respect of any service unless the Principal gives written notice to 

SMSL within 45 days of the inspection performed by SMSL alleged to 

justify such claim. In any event SMSL will be absolutely released 

from any and all liability whatsoever in relation to the performance 

of services unless suit is brought within one year of the date on 

which the services were or (in the event of non-performance) should 

have been performed

 

 

 

8.2

 

For the avoidance of doubt, when SMSL acts for joint principals in 

performance of a particular instruction then the limit of liability to 

each of those principals described in clause 8.1 above will be ten 

times the proportion of SMSL’s fee for that service which that 

individual principal is liable to pay. In no circumstances will SMSL’s 

aggregate liability to all of its joint principals in any inspection 

service exceed ten times the sum paid in total by those joint 

principals in respect of the specific service which gives rise to the 

claim.

 

 

 

9.

 

SMSL will have no liability whatsoever for any indirect or 

consequential loss, including without limitation loss of profits, loss 

of business and loss of use or production.

 

 

 

10.

 

SMSL will have no liability to the Principal in respect of and no 

obligation to indemnify the Principal against claims made by any 

third party against the Principal or, in the case of services performed 

by SMSL for joint principals, any claim by one of these principals 

 against another.

 

 

 

11.

 

Where SMSL is requested to witness the execution of tests in a 

third party laboratory, the responsibility of SMSL is limited to a 

SMSL representative attending during testing and ascertaining 

that, in SMSL’s opinion, the tests are carried out on the correct 

sample. All apparatus, instrumentation and measuring devices are 

assumed to be in calibration and good working order. Reagents 

and standards are accepted as utilized. The laboratory technicians 

are assumed qualified . SMSL accepts no responsibility for the 

accuracy of the results, which remain the sole responsibility of the 

third party laboratory.

 

 

 

12.

 

The Principal shall indemnify SMSL, its officers, servants, agents 

and sub-contractors against all claims made by any third party in 

respect of performance or non-performance of services rendered 

to the Principal in accordance with instructions from the Principal.

 

 

 

13.

 

Samples taken by SMSL will be retained for a maximum period of 

three months, or a shorter period if the properties of the sample are 

such that SMSL considers in its absolute discretion that the sample 

should be retained for less than three months. At the end o f the 

retention period SMSL will dispose of the samples.

 

 

 

14.

 

SMSL will issue reports and certificates of inspections which reflect 

the results of the testing and/or investigation services performed by 

SMSL within and subject to the limitations of the instructions 

received from the Principal.

 

 

 

15.

 

The Principal shall pay invoices issued by SMSL promptly upon 

receipt, but in any event not later than 30 days from the date of 

the invoice, unless otherwise agreed. Failing prompt payment of said 

invoice, interest shall become due at the rate of 5 per cent per 

month from the date of the invoice until payment is received.

 

 

 

16.

 

If any of these terms or conditions, or any part of any of these 

terms and conditions, is found by a court or tribunal of competent 

jurisdiction to be illegal, invalid or unenforceable then the remainder 

of the terms and conditions will remain in full force and effect.

 

 

 

17.

 

These conditions and any contract to which they apply shall be 

governed by Hong Kong law and any dispute arising out of any 

contract to which these conditions apply shall be subject to the 

jurisdiction of the Hong Kong courts.

 

 

 

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