Standard terms & conditions
Terms & Conditions
Standard
Terms and Conditions Applicable to the Supply
of Advice and Services by Constellation Marine
Services Llc, Dubai.
Standard Terms & Conditions for Surveyors
& Consultants
1- Definitions.
“Surveyor”/”Consultant” is the
Surveyor/Consultant trading under
these conditions.
“Client” is the party at whose request
or on whose behalf the Surveyor/Consultant
undertakes surveying services.
“Report” means any report or statement
supplied by the Surveyor/Consultant
in connection with instructions
received from the Client.
“Disbursements” means the cost of
all reasonable photography, reproduction
of drawings, diagrams, sketches
and printing, duplicating and, where
applicable, electronic transmission
fees, and all reasonable and appropriate
expenses including travel, subsistence
and hotel accommodation where an
overnight stay is necessary.
“Fees” means the fees charged by
the Surveyor/Consultant to the Client
and including any value added tax
where applicable 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.
Once the Surveyor/Consultant and
the Client have agreed what services
are to be performed (the Services)
any subsequent changes or additions
must be agreed by both parties in
writing.
4- Payment
The Client shall pay the Surveyor/Consultant’s
Fees punctually in accordance with
these Conditions and in any event
not later than 30 days following
the relevant invoice date, or in
such other manner as may have been
agreed in writing between the parties.
Any delay in payment shall entitle
the Surveyor/Consultant to interest
at 8% above the Base Lending Rate
of the Bank of England prevailing
at the time of default.
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
to goods, premises, vessels, installations
and transport 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 final 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. The Client shall
be responsible for payment of the
Surveyor/Consultant’s Fees up to
the date of notification.
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 suffered was caused by
the negligence, gross negligence
or wilful default of the Surveyor/Consultant
aforesaid, 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
2times or GBP 2,000 whichever is
the greater.
(c) Without prejudice to (a) and
(b) above, the Surveyor/Consultant
shall not be liable for loss of
or damage to physical equipment
and property placed at its disposal
by, or on behalf, of the Client
however such loss or damage occurs,
unless such loss or damage was caused
by act or omission committed with
intent to cause some or recklessly
with knowledge that such loss or
damage would probably result.
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,
but not limited to, 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
The Surveyor/Consultant and/or
the Client shall not, except as
otherwise provided in these Conditions,
be responsible or have any liability
for any loss, damage, delay or failure
in performance hereunder arising
or resulting from act of God (including,
but not limited to earthquake, flood,
tsunami, volcano, hurricane, tropical
storm, cyclone, blizzard or other
similar event), act of war, terrorist
attack, nuclear contamination, seizure
under legal process, epidemic quarantine
restrictions, strikes, boycotts,
lockouts, riots, civil commotions
and arrest or restraint of princes,
rulers or people. Following a force
majeure event either party may serve
notice on the other to terminate
the agreement.
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 England and Wales and
any dispute shall be subject to
the exclusive jurisdiction of the
English Courts.
Team Constellation a highly professional
Team Constellation a highly professional
Team Constellation a highly professional
Team Constellation a highly professional
Team Constellation a highly professional
Team Constellation a highly professional
Team Constellation a highly professional & experienced Master Mariners, Naval
Architects, Tanker Masters, Engineers, Consultants, Marine Asset Valuers and
a team of Qualified Surveyors with expertise and experience in different areas
of marine activities offering round the clock services to the clients in shipping
and insurance industry with direct presence at all sea ports in UAE and with
offices in Dubai, Abu Dhabi and Fujairah just a call away from these ports.
Constellation has international offices in UK and Singapore and associates all
over Middle East and UAE, London, Holland, Germany, West Africa, Cape Town,
Oman, China, Singapore. Survey, Inspection,investigation Risk and Root Cause
Analysis Load Test of Lifting Gears Certification Mrine & Insurance Clam Consultancy
Vessel Valuation Dry Cargo Bulk Break Bulk Project Cargo Dry Container Survey
Draught Survey Pre-shipment Condition Pre-shipment Condition Pre-discharge Condtion
Pre-dischsrge Condition Stuffing Unstuffing Stow Cargo Damage Surey Loading
Discharging Survey Taly Cagrgo Container Damage Sampling & Analysis Damage Short
Landing Survey Dangerous Cargo Survey Pre-shipment Condition Stowage Plan Preparation
Reefer Container Short Landing Investigation Cargo Hold Inspection Truck Inspection
Lashing & Securing Certification Pti Inspection Survey Loading off Loading on
Board Stowge Supervision Container Condition Survey Supervision Uld Inspection
of Hatch Covers Temp Set. Vent Inspection Cargo Hold/hatch Inspection Cargo
Land Transportation Stuffing Unstuffing Stow Weighment Witnessing Cargo Damage
Investigation Reefer Cargo Damage Survey Sealing/unsealing Short Landing Investigation
Reefer Cargo Damage Investigat Bunker Survey Petroleum On Hire/off Hire Rob
Survey Vessel Tank Inspetion and Certification On Hire Off Hire Bunker & Condition
Survey. Petrolem Prduct Quantify Survey Sampling & Sealing Prduct Loading Dischrging
and Sampling Witnessing Sample Lab Analysis. Cargo Contamination Investigation
Magnetic Compass Adjustment & Deviation Card Hull & Machinery Damge Survey Sts
Operation Ism, Isps and Mlc Audits Project Cargo Transportation Loading discharging
Marine Warranty Surveys Project Management & Decommissioning Supervision for
Off Shore Structures Rig Moves, Location Approvals and Off Shore Warranty Inspection
Prior & During Moves. Heavy Cargo Lifting Plan Review, Preparation of Stowage&
Lashing Plan Towing Arrangement Plan and Tow Approvals. Collision Damage Survey,
Repair Cost Estimation and Investigation P&i Pre-entry Vessel Conition Surveys
Hull & Machinery Conditon Surveys Root Cause Analysis of Maritime Accidents.
Issuance of Charterd Engineer Certificate for Export Machinery. Valuation Pre-purchase
Conditiion Surveys & Sea Trials Marine Vessel Condition Inspection&valuation
Vessel Valuation. Valuation Marine Asset, Machinery& Equipment Constellation
Marine is managed by four board members UK, connected with various facets of
the marine business like Maritime Law & Marine insurance individually. Constellation
Marine Surveyors & Consultants are independent and professional in every of
our conduct. take up appointments for ship owner, trader or insurance companies
Constellation Marine has registered offices in UK, Singapore and Middle East
specializing in Maritime and energy claims, offshore marine warranty inspection,
ship and cargo inspections for principals, insurance companies and charterers
and P&I Clubs as our main principals instructing us repeatedly global company
with branches in Dubai, London, Singapore, Abu Dhabi, Fujairah, Ras Al Khaimah,
Bahrain, Kuwait, Qatar, Oman, Yemen Liason offices at Germany, Holland, China, west South Africa.
