GENERAL TERMS & CONDITIONS
“the Company” means Orinoco Surveying Group S.L.,Street Isabel Colbrand 10 , 28050, Madrid, Spain– Including all affiliated firms.
“the Principal” means the company, firm or individual (or, as the case may be, any two or more companies, firms or individuals) from who, the instructions to act have originated and to whom the Company supplies services.
The Company is a business enterprise engaged in the trade of cargo and marine surveys. As such, it carries out inspections, verifications, examinations, tests, samplings, measurements and similar operations; issues reports and certificates relating to the aforesaid operations and renders advisory services in connection with such matters.
Unless otherwise specifically agreed in writing, the Company undertakes services in accordance with these general conditions and all services provided are made subject to the same and must be accepted prior to commencement of our work and will prevail over any condition that the Principal may try to impose.
No variation of or addition to these terms and conditions shall be valid unless made in writing and signed by a duly authorized representative of the Company
The Company’s standard services are, but not limited, to the following:
- Quantitative and/or qualitative inspection of cargoes, commodities, goods, etc;
- Condition surveys of vessels, equipment and installations;
- Inspection of loading or discharging operations;
- Laboratory analysis or other testing witnessing.
- Warranty surveys
- On/Off hire surveys
Other services not included in the above list will be undertaken by the Company by a particular arrangement.
- ENQUIRIES AND ORDERS
All enquiries for the supply of services must be accompanied with sufficient information specifications and instructions to enable the Company to assess an accurate rate for the job.
For any agreement or contract to be concluded, a written acceptance from the Company is required.
The principal agrees that he will;
- ensure that instructions to the Company are given in due time to enable the required services to be performed effectively;
- procure all necessary access for the Company’s Representatives to goods, vessels, premises, installations and transport;
- supply, if required, any special instrument necessary for the performance of the required services;
- ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services and will not rely, in this respect, on the Company’s advise whether required or not;
- take all necessary steps to eliminate or remedy any obstruction to or interruptions in the performance of the required services;
- fully exercise all his rights and discharge all his liabilities under the contract of sale whether or not a report or certificate has been issued by the Company failing which the Company shall be under no obligation to the Principal.
The Company will provide services in accordance with:
(a) the Principals specific instructions as confirmed by the Company;
(b) terms of the Company’s Standard Order Form and /or Standard Specification Sheet if used
(c) any relevant trade customs, usage or practice;
(d) such methods as the Company shall consider suitable on technical and / or financial grounds;
(e) the company acts only for the Principal from whom the instructions to act have originated. No other party is entitled to give the instructions, particularly on the scope of inspection or delivery of report or certificate, unless so authorized by the Principal.
(f) Subject to the Principal’s instructions, the Company will issue reports and certificates of inspection which reflect statements of opinions made with due care within the limitation to instructions received, but the Company is under no obligation to refer to or report upon any facts or circumstances which are outside the specific instructions received.
The Company shall be entitled to provide services through representatives, agents subcontractors or affiliated companies whenever it shall consider suitable, subject to prior notice to the Principal
The Company undertakes to exercise due care and skill in the performance of its services and accepts responsibility only for gross negligence proven by the Principals.
The services are carried out to the best of our ability however without any responsibility.
The liability of the Company to the Principal in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to ten times the amount of the fee or commission payable in respect of the specific service required under the particular contract which gives rise to such claims.
The Principal shall guarantee, hold harmless and indemnify the Company and its servants, agents or subcontractors against all claims made by any third party for loss, damage or expense of whatsoever nature and howsoever arising relating to the performance, purported performance or non-performance, of any services to the extent that the aggregate of any such claims relating to any one service exceed the limit mentioned above.
Full payment of the price established in our fee rates or our service offer must be made within 30 days of the invoice date unless the Company has agreed in writing with other term of payment is not made by the due date, interest will become due at the rate of 6 per cent per year from the date of the invoice.
All first-time clients must pay the Company upfront for the agreed inspection fees.
If the Company is prevented because of any cause whatsoever outside the Company’s control from performing or completing any services for which an order has been given or an agreement made, the Client shall pay to the Company:
(a) the amount of all abortive expenditure actually made or incurred;
(b) a proportion of the agreed fee equal to the proportion (if any) of the services actually carried out;
and the Company shall be relieved of all responsibility whatsoever for the partial or total nonperformance of the required services.