Terms & Conditions
Marine Consultants and Surveyors Pvt. Ltd (MARCONS) operates under the Terms and Conditions listed below:
Definitions
" Company " means Marine Consultants and Surveyors Pvt. Ltd., Chennai, India
" Surveyor / Consultant " is the Surveyor / Consultant working 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 Company in connection with instructions received from the Client.
" Disbursements " means the cost of all reasonable photography, printing, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation as necessary.
" Fees " means the fees charged by the Company to the Client and including any Service Tax where applicable and any disbursements.
Scope
The company shall provide its services solely in accordance with these terms and conditions.
Work
The Client will set out in writing the services which it requires the Company to provide. The Company will confirm in writing that it accepts those instructions alternatively what services it will perform in connection with the Client’s instructions. Once the Company and the Client have agreed what services are to be performed any subsequent changes or additions must be agreed by both parties in writing.
Payment Terms
The Client shall pay the Surveyor’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.
Obligations and Responsibilities
a. Client
The Client undertakes to ensure that full instructions are given to the company 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 Company to the goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions.
b. Surveyor
The Company shall use reasonable care and skill in the performance of the services in accordance with sound marine surveying / consulting practice.
c. Reporting
The Company shall submit a final written report to the Client following completion of the agreed services describing the Company’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 Company 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.
Liability
Neither the Company nor any of its Surveyors or agents shall, under any circumstance be held responsible for any inaccuracy in report or for Certificate issued for or any error of judgement, default or negligence. The Company shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect.
Force Majeure
Neither the Company nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from Act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of the Government or people.
Jurisdiction and Law
These conditions shall be governed by and construed in accordance with the laws of India and any dispute shall be subject to the exclusive jurisdiction of the Indian Courts.