TERMS AND CONDITIONS
4S Maritime ApS is the Surveyor/Consultant trading under these conditions.
“Client” is the party at whose request or on whose behalf 4S Maritime ApS undertakes surveying or consultancy services.
“Report” means any report or statement supplied by 4S Maritime ApS 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, refreshments and hotel accommodation where an overnight stay is necessary.
"Fees" means the fees charged by 4S Maritime ApS to the Client and including any value added tax where applicable and any Disbursements
4S Maritime ApS shall provide its services solely in accordance with these terms and conditions.
The Client will set out in writing the services which it requires 4S Maritime ApS to provide. 4S Maritime ApS will confirm in writing that it accepts those instructions -or- alternatively what services it will perform in connection with the Client's instructions. Once 4S Maritime ApS and the Client have agreed what services are to be performed any subsequent changes or additions must be agreed by both parties in writing.
The Client shall pay fees to 4S Maritime ApS punctually in accordance with these Conditions and in any event not later than eight 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 4S Maritime ApS to compensation fees as well as an interest of 8% above the Base Lending Rate (reference rate) of Danmarks Nationalbank, Havnegade 5, DK-1093 Copenhagen K, Denmark, prevailing at the time of default, in accordance with Danish Law and EC Directive 2011/7/EU (Late Payment Directive).
5. Obligations and Responsibilities
The Client undertakes to ensure that full instructions are given to 4S Maritime ApS and that they are provided in sufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for 4S Maritime ApS to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions.
4S Maritime ApS shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
4S Maritime ApS shall use reasonable care and skill in the performance of the services in accordance with sound marine surveying / consulting practice.
4S Maritime ApS 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 and Data Protection
Services provided by 4S Maritime Aps may require the processing of personal data and will depend on the extent of this specific service. Some of these services may require a confirmation of consent from the Client.
4S Maritime Aps will notify the Client if this consent is required.
4S Maritime ApS undertake 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.
4S Maritime ApS undertake to treat and process personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation), including the right to deletion of any personal data treated or processed by 4S Maritime Aps. Please contact us for the full policy or in relation to any matters regarding personal data.
While the right of ownership to information and photos contained in reports remain that of the client, the right of ownership to original work as well as intellectual property shall remain that of 4S Maritime ApS
4S Maritime ApS shall be entitled to keep records of all reports, photographs and other materials used for delivery of services. Such records shall be maintained in accordance with 5(d).
(f) Conflict of Interest / Qualification
4S Maritime ApS 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 4S Maritime ApS to continue its involvement with the appointment.
The Client shall be responsible for payment of 4S Maritime ApS's fees up to and including the date of notification.
Without prejudice to Clause 7, 4S Maritime ApS 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 gross negligence or willful default of 4S Maritime ApS or any of its employees or agents or sub-contractors.
In the event that the Client proves that the loss, damage, delay or expense was caused by the gross negligence or willful default of 4S Maritime ApS 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 be limited to a sum of EUR 1.000.000,00.
4S Maritime ApS shall not be liable for loss of or damage to equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.
Except to the extent and solely for the amount therein set out that 4S Maritime ApS would be liable under Clause 6, the Client hereby undertakes to keep 4S Maritime ApS 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 legal costs and expenses on a full indemnity basis) which 4S Maritime ApS may suffer or incur (either directly or indirectly) in the course of the services under these Conditions.
8. Force Majeure
Neither 4S Maritime ApS nor the Client shall be liable to the other for any failure to perform its obligations caused by acts, events, omissions or accidents beyond their reasonable control.
4S Maritime ApS shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which 4S Maritime ApS may be held liable to the Client under these terms and conditions.
10. Surveyor’s / Consultant’s Right to Sub-contract
4S Maritime ApS 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 4S Maritime ApS shall remain fully liable for the due performance of its obligations under these Conditions.
11. Time Bar
Any claims against 4S Maritime ApS 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/service to the Client.
12. Jurisdiction and Law
These Conditions shall be governed by and construed in accordance with the laws of Denmark and any dispute shall be subject to the exclusive jurisdiction of the Danish Courts.