Terms & Conditions
TERMS AND CONDITIONS OF SERVICE
1. INTRODUCTION
Welcome to Independent Surveyors ("Company", "we", "our", "us"). These Terms and Conditions govern your use of our services and website located at [website URL] (collectively, the "Services").
By engaging our Services or accessing our website, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access the Services.
2. DEFINITIONS
"Client" refers to any person or entity that engages our Services. "Report" refers to any written or verbal information provided by us as a result of our Services. "Survey" refers to any inspection, assessment, or investigation conducted by our surveyors.
3. SERVICES
3.1 We provide marine surveying and consultancy services including but not limited to vessel inspections, cargo surveys, regulatory compliance audits, and related maritime services.
3.2 The scope of any particular Service will be defined in a written agreement or service order between the Client and the Company.
3.3 We reserve the right to decline any request for Services at our sole discretion.
4. PROFESSIONAL STANDARDS
4.1 All Services are performed with reasonable care, skill, and diligence in accordance with accepted professional standards in the marine surveying industry.
4.2 Our surveyors maintain appropriate qualifications and certifications relevant to the Services they provide.
5. CLIENT RESPONSIBILITIES
5.1 The Client shall provide timely access to vessels, facilities, equipment, or documentation necessary for us to perform the Services.
5.2 The Client shall disclose all relevant information that may affect the performance or outcomes of our Services.
5.3 The Client is responsible for ensuring all necessary permissions and safety measures are in place for our surveyors to perform their duties.
6. FEES AND PAYMENT
6.1 Fees for our Services will be specified in our quotation or agreement with the Client.
6.2 Unless otherwise agreed in writing, payment is due within 30 days of invoice date.
6.3 We reserve the right to charge interest on overdue payments at a rate of 1.5% per month.
6.4 The Client is responsible for any additional costs incurred in the performance of Services, including but not limited to travel expenses, equipment rental, and specialist assistance, as agreed in advance.
7. REPORTS AND FINDINGS
7.1 Any Report provided is based on the conditions observed at the time of inspection and the information provided to us.
7.2 Our Reports represent our professional opinion based on our observations and are not guarantees or warranties.
7.3 Reports are provided for the exclusive use of the Client and may not be provided to third parties without our prior written consent.
8. LIMITATIONS OF LIABILITY
8.1 Our liability for any claim arising from the provision of Services shall not exceed the amount of fees paid for the specific Service giving rise to the claim.
8.2 We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption.
8.3 We are not liable for any defects, conditions, or issues that were not apparent during inspection or were deliberately concealed.
8.4 Any claim against us must be made within one year from the date the Services were performed.
9. CONFIDENTIALITY
9.1 We will maintain the confidentiality of all information provided by the Client and discovered during our Services.
9.2 We may disclose confidential information if required by law, regulation, or court order.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property rights in our Reports, documents, and materials created in the performance of Services remain our property.
10.2 The Client is granted a non-exclusive, non-transferable license to use our Reports for the purpose for which they were commissioned.
11. TERMINATION
11.1 Either party may terminate the Services upon written notice if the other party materially breaches these Terms and Conditions.
11.2 The Client shall pay for all Services performed up to the date of termination.
12. FORCE MAJEURE
We shall not be liable for any failure to perform our obligations where such failure is a result of acts of nature, government actions, war, civil disturbance, or any other cause beyond our reasonable control.
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Kuwait. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kuwait.
14. AMENDMENTS
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting to our website. Your continued use of our Services after any changes constitutes acceptance of the revised Terms and Conditions.
15. SEVERABILITY
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
16. ENTIRE AGREEMENT
These Terms and Conditions, together with any specific service agreement, constitute the entire agreement between the parties concerning the subject matter hereof.
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