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This document sets out the terms of business upon which CIS MARINE SURVEYORS LTD. agrees to act for you as its client. You should read this document carefully, as it contains details of our responsibilities to you and our regulatory obligations. It also identifies your own responsibilities to us.
- Unless otherwise specifically agreed in writing, CIS MARINE SURVEYORS LTD,
(hereinafter "the Company") undertakes services in accordance with these general conditions
and accordingly all offers or tenders of service are made subject to the same.
All resulting contracts, agreements or other arrangements will in all respects be governed by
these conditions, except only to the extent that the law of the place where such arrangements or
contracts are made or carried out shall preclude any of the conditions and in such case the said
local law shall prevail wherever, but only to the extent that, it is in variance with these conditions
and it is accepted in writing by the Managing Director of the Company.
- The Company is a business enterprise engaged in the trade of inspection of vessels, goods,
cargo supervision and damage/loss surveys and as such, it:
- carries out inspections, verifications, examinations, tests, sampling, measurements and
- issues reports and certificates relating to the aforesaid operations;
- renders advisory services in connection with such matters.
- The Company acts for the persons or bodies from whom the instructions to act have
originated (hereinafter called "the Principal") and no other party is entitled to give instructions,
particularly on the scope of inspection or delivery of report or certificate, unless so authorised by
The Company will however be deemed irrevocably authorised to deliver at its discretion, the
report or the certificate to a third party if, following instructions by the Principal, a promise in this
sense had been given to this third party or such a promise implicitly follows from circumstances,
trade custom, usage or practice.
- The Company will provide services in accordance with
- the Principal's specific instructions as confirmed by the Company;
- terms of the Company's Standard Order Form and/or Standard Specification Sheet if
- any relevant trade custom, usage or practice;
- such methods as the Company shall consider suitable on technical and/or financial
- Documents reflecting engagements contracted between the Principal and third parties,
such as copies of contracts of sale, letters of credit, bills of lading, etc. are (if received by the
Company) considered to be for information only, without extending or restricting the Company's
mission and obligations.
- The Company 's standard services are as follows:
- quantitative and/or qualitative inspection;
- inspection of condition of goods, packing, containers and transportation;
- inspection of loading or discharge;
- arranging of laboratory analysis or other testing.
- damage surveys, loss investigations, claims settlements and adjustment;
- Special services where the same exceed the scope of standard services as referred to
in paragraph 6 will only be undertaken by the Company by particular arrangement.
Such special services are illustratively but not exhaustively;
- Ultra-sound test of hatch cover weathertightness;.
- arranging of MPI of welding seams;
- supervision of ship.s repairs;
- arranging cleaning of bulk cargoes from foreign objects;
- consultancy services.
- 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 of
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 Principal agrees to:
- 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, premises,
installations and transport;
- supply, if required, any special instruments necessary for the performance of the
- 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 advice 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 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 Company aim at all times to treat to the Principal fairly. The Company never deliberately put
themselves in a position where its interests, or its duty to another party, prevents it from discharging
their duty to Principal. The Company occasionally ask other organizations to help it meet Principal.s
requirements where they believe it is to their benefit.
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 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 indemnity 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 in paragraph 10 above.