GENERAL TERMS & CONDITIONS OF SERVICE
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Terminology used within this document:
Service Provider: Stewart Inter Sea (hereinafter, the Company), supplier of petroleum inspection and analytical laboratory services to land based storage and marine vessel clients.
Client: An organisation or person that nominates the Company to provide inspection or analytical services.
Leading Party: A Client that makes the original nomination instruction to the Company.
Industrial Practices: The Company operates with strict adherence to standard industry guidelines and methodology.
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Service Terms & Conditions:
Confidentiality:
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The Company seeks to maintain client confidentiality at all times and will safeguard information to which it is privy; particularly information that relates to client dealings, financial obligations or cargo operations.
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The Company will not divulge information regarding current operations without the express permission of the client. Such departures from common practice must be provided to the Company by the client in a mutually acceptable format.
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The Company however, retains its right to require Client’s to provide unambiguous written instructions before a request is actioned by the Company.
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Fees:
Fees are financial remunerations provided by the Client for services provided by the Company in the execution of its contract with the client.
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i. Where a client wishes to negotiate exclusive fee structures, discussions to this effect must take place before the Company begins to deliver its service package, thereafter standard fee charges apply and are classed by the Company as being non-negotiable.
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ii. The Company’s standard fee structure does not apply to a negotiated service contract where fee arrangements have been agreed prior to the commencement of service arrangements.
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iii. The Company reserves its right to alter standard fee structures from time to time and at the Company Management’s discretion.
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iv. The Company will charge for any samples retained, on behalf of the client, an additional fee after the contracted 90 day retention period has expired. This fee is a minimum of $0.50 per sample, per day and is dependent on sample size and sample product .
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v. In the event that the client makes an overpayment to The Company, The Company will hold the amount on credit towards payment of next invoice. At The Company's discretion, clients can be refunded the overpayment but all bank charges will be for the clients account and such claims for refunds must be made within 30 days of the initial payment reaching The Company’s account
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Charges:
The Client shall pay all of the Company’s additional expenses incurred in executing the Client’s service agreement or additional instructions supplied throughout the course of the operation. Charges levied may include, but are not limited to such expenses as boat, helicopter charges and the purchasing of goods.
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Due date:
The date when payment for services falls due, this being 30 days from the relevant invoice date. Deviation from this term is only permissible by prior agreement with the Company.
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Communications:
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The Company will provide a timely and informative service when reporting to Client’s, but will not be held liable for reporting delays that occur through factors outside of the Company’s control, force majeure or acts of God.
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Instructions:
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The Company will exercise reasonable care and skill in fulfilling the Clients explicit instructions, however, in the absence of such instructions:
i. The Company will follow any relevant trade or local customs, usage or industrial practices; and/or
ii. Such methods as the Company considers appropriate on the basis of specialist skill, operational efficiency, health & safety and /or fiscal grounds.
Final Inspection Report:
i. The Company will provide the Client with a final inspection report at the conclusion of the service package. The inspection report will provide the Client with data gathered throughout the operation and will be based upon the results of inspections, measurements or analysis carried out in accordance with the instructions of the Client.
ii. The Company reserves the right to exercise its professional opinion and local market knowledge in determining the use of industrial practices, trade or local customs taken into account throughout the operation, delivery of the service package and production of the final report.
iii. The Company considers that reports or certificates provided on the basis of analytical findings, determined within the Company laboratory are classed as representative only of the samples analysed. Conclusive statements based on the integrity of the entire cargo will not be made by the Company, its representatives or agents.
iv. The Company may delegate or sub-contract services to a third party to fulfil the obligations undertaken in the service agreement. Where practicable the Company will inform the Client prior to a nomination being made, or thereafter at the most convenient opportunity.
v. Where the Client requests the Company to witness a third party analysis or proceeding on its behalf, the Client agrees that the Company’s sole responsibility under this arrangement is to present and observe the occurrence of the analysis or proceeding, and to forward observations or results obtained from that event to the Client expeditiously.
vi. The Client agrees that it is not the responsibility of the Company to guarantee the working condition, service history, calibration or use of instrumentation or analytical devices used by the third party; similarly the Company cannot assess or validate the professional qualifications, or competency of third party personnel performing the proceedings.
vii. The Company maintains that it is the sole duty and responsibility of the Client to ensure satisfaction and competency with third party services before proceedings occur.
Duty of the Client:
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The client will so far as possible, provide the Company with sufficient notice for the Company to perform in a timely manner the service package for the upcoming operation.
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The client will:
i. Confirm in writing to the Company all named parties involved in the operation and service package agreement, including any third party named contacts; along with the agreed cost split per party.
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ii. Provide the Company with all documentation and information updates necessary for the service package to be delivered fully and without delay.
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iii. Provide the export/import terminal or Master of concerned vessels, full information about the Company’s representative being requested to attend that installation/vessel.
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iv. Request the installation/Master that every co-operation should be given to their representative of the Company, ensuring a smooth and efficient operation as would be expected in the industry by experienced personnel.
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v. Inform the Company of any known hazards, dangers or potential risks associated with the sampling or analysis of products involved in the movement of cargo within the operation.
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Limitation of Liability of the Company:
i. The Company is a service provider and cannot guarantee any losses incurred by the client. Clients requiring a guarantee against losses or damages are responsible for obtaining appropriate insurance.
ii. The Company shall not be liable to the Client or any third party for the reporting of misleading or incorrect information which the Company has received in the execution of its service package.
iii. Final Inspection reports are issued on the basis of samples, documentation and information supplied by the Client, or on behalf of the Client, for the sole benefit and use of the Client. The Client is therefore responsible for acting upon those findings as it sees fit. The Company cannot be held to account for the actions of the Client based upon their use or interpretation of the inspection report findings.
iv. The Company shall not be held liable for claims arising from the reporting of analysis results provided by third party laboratories.
v. For any claim arising from a Company laboratory, the maximum compensation payable will be limited to ten times the invoice value paid for that analysis only.
vi. Claims arising from inspection issues shall be limited to ten times invoice value paid. If a claim is made because a Company representative is late or has been detained and analysis is also invoiced for that job, the claim will only be related to the inspection fee and not the analysis to a maximum ten times invoice value paid.
vii. When best endeavours have been made for a Company representative to join an assignment and he/they may fail to do so, and those circumstances may create difficulties with launches, helicopter operating hours, etc., which may give cause for delays in transportation to an installation/vessel, the Company shall accept no responsibility and will refute demurrage claims for incurred delays.
viii. Furthermore the Company shall have no responsibility for any losses incurred due to fendering charges or any other third party claims. It is the responsibility of the Client Company as the leading party to guarantee that no damages or claims are made against the Company by co-named parties sharing the burden of the operation for which you are the leading party.
ix. The Company accepts no liability for delays that result from the issuance of documentation, whether under the control of the Company or not.
x. In the circumstance where a Client believes there are grounds to pursue a claim against the Company, the Client must notify the Company within 30 days of electronic receipt of the operation report of their intention to pursue for damages/ costs. Any claims received outside of this time limit will be regarded by the Company as being null and void.
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