These Terms and Conditions apply for the performance of the Services by the Company to the Client and should be read in conjunction with any Scope of Work Agreement. Where there is any inconsistency between these Terms and Conditions and the Scope of Work Agreement, the latter shall prevail.
The following expressions shall have the following meanings:
- “The Company” means LevMar Engineering with offices at 8-10 Sachtouri Str, - 185 37 Piraeus. Greece.
- “Client” or “Principals” or “Instructing party” means the person / organization or legal entity that instructs LevMar Engineering to provide the Services.
- “Services” means the specific work agreed to be provided by the Company on the instructions of the Client.
- “Survey” means the inspection and/or investigation undertaken by the Company for the purpose of issuing a written report.
- “Surveyor” means the surveyor who conducts the Survey.
- “Report” means a written Survey report and / or any intermediate advices, letter and written communication provided in connection with the Survey.
- “Scope of Work Agreement” means any document or other written communication which sets out the Services.
- “Date of Instruction” means the date of first notification of request of the Services from the Client to the Company.
DELIVERY OF SERVICES
The delivery of Services shall commence on the Date of Instruction or as may be otherwise specified in any Scope of Work Agreement and shall continue until performed or until terminated by the Client in writing.
If dates are given for the delivery of the Services, these are estimates only and are not guaranteed. The Company shall have no liability whatsoever for any failure to meet these days.
COMPANY OBLIGATIONS AND REPORTING
The Company shall supply the Services as specified in these Terms and Conditions and any Scope of Work Agreement.
The Company shall do its best endeavour to perform the Services with reasonable skill and care.
The Company shall maintain the confidentiality of any confidential information and documentation provided by the Client unless release of same is required by law, by order of the court, or by any other authority.
On initial inspection(s) in cases of damage repairs the Surveyor will provide initial advice(s) outlining the various stages of development of these repairs as these are brought to the attention of the Surveyor and shall do that within a reasonable time of the inspection(s).
In cases of salvage operations in which continuous attendance is necessary, the Surveyor will produce a brief daily site report of all important developments until the termination of the salvage operation.
In case the services of a specialist third party become necessary, the Company shall advise the Client of this necessity and of the additional cost which may result from such services, and shall seek the Client’s approval.
In case of Surveys the purpose of which is to report on the present condition of the object and express an opinion on its condition, the Survey shall be purely based on a visible survey and does not cover any hidden, inaccessible, obstructed or unexposed parts, or any unavailable information at the time of survey, and is subject to any conditions which may arise should such parts had been exposed and / or information had been made known.
None of the Reports warrants the vessel’s and / or any floating structure's seaworthiness, but only attests the vessel’s and / or any floating structure's conditions at the time of Survey.
COMPANY RIGHT TO SUB-CONTRACT
The Company shall have the right to sub-contract the Services or any part of the Services to a professional of equal merit, without the prior written consent of the Client or prior notification to the Client.
In the event of sub-contracting all or any part of the Services the Client will be kept informed as to who is in attendance.
The Company shall remain responsible for the performance of all obligations under these Terms and Conditions in the event that the Services or any part thereof are sub-contracted.
In case any of the Services requires to be extended in locations where no suitable sub-contracting is possible, or in locations where political unrest, war or famine exists, the Company will notify immediately the Client and discuss alternative arrangements or terminate the Services.
The Client agrees to cooperate with the Company and to provide timely all necessary information to enable performance of the Services
The Client is responsible for securing all necessary consents and approvals, (as may be required), to enable the Company to carry out the Services.
In case additional or new information becomes known to the Client during the course of performance of the Services which may change or affect the Scope of Work or necessitates the termination of the Services, the Client shall immediately inform the Company in writing.
The Client (Instructing Party), is responsible for payment of the fees charged for the Services in whole, inclusive of expenses and VAT, (where applicable).
The invoice is to be settled within 30 days of its issue.
In cases where Services are not concluded within 30 days, (long repairs), interim invoices may be issued.
In case of litigation or any other cases where representation and/or attendance is required abroad, the Client is responsible for immediate payment of all expenses and disbursements bills related with such representation and/or attendance.
In case of cancellation or termination of the Services by the Client, the Client will pay to the Company its fees for the Services rendered and will reimburse the Company for any expenses incurred up to the cancellation / termination date.
The Client agrees that the Services are intended for the Client only and that no liability whatsoever is assumed by the Company, including the Surveyors and the Company’s employees and agents to any third party.
Neither the Company nor any Surveyor or any of the Company’s employees and agents shall be liable for any indirect or consequential loss or damages or expenses arising from or in connection with the Services however expressed or described.
The Company accepts no responsibility for any misleading and / or erroneous information provided during and / or after the time of Survey and / or investigation.
Neither the Company nor the Client shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from “Force Majeure” circumstances beyond the parties reasonable control, including but not limited to acts of God, strikes, accidents, war, famine, fire, flood, riots, strikes, and the party shall be entitled to a reasonable extension of the time to comply with its obligations.
Reports / advices / Calculations / Publications are the Company’s intellectual property and shall not be disclosed by the Client to any third party without the written agreement of the Company.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the laws of The Hellenic Republic.