- SINOTECH Marine Corporation (HK) Limited, registered office in Hong Kong (hereinafter as “Client”);
- Consultant an Individual Person, or corporate body or firm or company to whom Purchase Order is addressed and who takes instructions from Client to deliver the services as specified in Purchase order or otherwise specified by the Client.
- SINOTECH Marine Terms & Conditions SINOTECH Marine Corporation HK Limited has Standard Terms and Conditions for purchase of Consultancy Service (hereinafter referred as “SMTC” means SINOTECH Marine Terms & Conditions) are set out in this document unless otherwise specifically agreed in writing between Client and Consultant, and accordingly all Purchase Orders, and agreements, are made subject to these standard terms and conditions.
- Principal any Corporate Body or Company or any other person or body having possessions thereof on whose behalf Purchase Order has been placed by the Client.
- Purchase Order, the Client’s purchase order (issued as agent only for and on behalf of the Principal with SINOTECH Marine Corporation HK Limited ‘s Standard Terms and Conditions.
- Place of Service the location (port city, country) or Vessel and location as stated in the purchase order or as otherwise specified by the Client.
- Fees the service fees payable for the services stated in the Purchase Order.
- Delivery the delivery of the service at the time and to the place as specified in the order or as specified by the Client.
- Purchase Contract the contract for the sale and purchase of the services consisting of the order, SINOTECH Marine Corporation HK Limited Standard terms and conditions for purchase of consultancy services or any other documents as specified in the order.
- Specifications includes any plans, instructions, drawings, data, photographs, or other information, relating to the services as set out in the Purchase Order or as otherwise specified by the Client.
- Reports the report to be prepared by the Consultant in accordance with the specification and the scope of service mentioned in the Purchase Order.
- Services The services described in the Purchase Order, which shall include, without limitation, the preparation and completion of the report.
- Vessel include any floating unit or storage unit and any other man-made structure designed for use at sea and whether fixed to the seabed.
- The Client is committed to provide the highest quality Consulting solutions globally to its customers while carefully selecting independent consultants from the nearest location for Inspection, Survey, Audit, Supervision, and Principal representation meeting customer requirements. We thoroughly interviewing and vetting applicants (freelance Independent Consultants and/or Consulting firms, Agencies and/or firms) to ensure our high standards. In-addition to our strong selection process, all contracted consultants are also continuously monitored for performance in accordance with our expectations, and to ensure maximum satisfaction. We do our best within our available means to provide capable, most qualified consultants to deliver the service required effectively and efficiently. Selected consultants who are either capable to performs or already performed service to the Principal’s requirements and deliver the assigned work satisfactorily are added to our global database and contracted as and when needed with details service requirements.
- All Services provided by the consultant following a Purchase Order from Client are subject to these SMTC. SMTC are reviewed regularly and any changes will be notified to the Consultant as soon as practicable.
- Return of the signed copy of this SMTC document constitutes to Consultant’s acceptance to the SINOTECH Marine Corporation (HK) Ltd.’s Standard terms and Conditions (SMTC) and his/her acceptance to review each assignment by the Senior Management of the Client and will be rated/graded as per internal grading criteria set by the Client. Any discrepancies in quality will result in a requirement for the Consultant to rectify the discrepancies at his own expense or termination of the contract. Membership of Consultant in our global database is subject to a periodic review of your performance and consistent sub-standard inspections may result in your removal from our global database.
- The Consultant warrants, expresses and undertakes that; 1) It has the authority to enter into the contract; 2) that the Services shall comply with the specifications 3) it shall complete the services with due skill, care and diligence, in accordance with all applicable regulations, statues, other legal requirements and industry standards (including, without limitation, all environmental laws, and regulations) and to such high standard of care as it is reasonable for the Client to expect, all in accordance with the these SMTC. 3) The Services shall be provided within the time and dates specified in the purchase order. 4) at all times when providing the services and in attendance at a vessel, it shall and shall ensure that its employees or approved sub-contractors shall, be free from alcohol, drugs, or any other substance likely to inhibit its/their liability to perform the services in accordance with SMTC or otherwise be liable to bring the Client into dispute.
- Consultant’s continued service is subject the condition that you are medically “fit to work” and hold valid travel documents, appropriate visas for given place of service, appropriate Travel Insurance and Professional Indemnity Policies. It is your responsibility to arrange and or have valid policies and /or permissions and/or documents as required to perform the service.
- The Consultant shall keep the Client indemnified in full against all costs, expenses, damages and loses, (direct or indirect), fines, penalties, charges, and other professional fees awarded against or incurred or paid by the Client as result of or in connection with breach of the warrantied, representations and undertakings set out above in condition 17(1) and or any claim made against the Client by a third party arising out of, or in connection with , the performance of the services to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the contract by the consultant, its employees, agents or sub-contractors.
Health, Safety and Security and Compliance – The Consultant shall comply always and in absolute accordance with all health and safety, environmental, operational, and security policies, and procedures from time to time in force at the vessel or as stipulated by the Principal or Client, including, without limitation, all requirements for accessing and boarding the vessel and accessing confined spaces within the vessel itself.
- Other than consultant’s own equipment, Consultant shall not operate any vessel equipment, open valve or any appendage which might initiate a spill or flooding or fire or any other kind of accident. All operation of equipment or systems on or its part of the vessel shall be undertaken by the vessel operating personnel only.
- Consultant always prior boarding a vessel shall have all necessary personal safety equipment including, Hard helmet, Industrial working shoes, gloves, safety glasses, personal gas detector, and fire resistant overalls. If the consultant does not possess any of the requisite equipment required by the Principal or Vessel Owner and /or required to carry out the services, then the owner shall either provide the necessary equipment at the cost to the consultant or may refuse the consultant to access to the vessel in which event the Client may terminate the contract in accordance with SMTC (23).
- Consultant will be responsible for the actions of any of its employees, agents or Sub- Contractors authorized to carry out the services in accordance with these conditions.
- Carry out the services in a professional manner and any behavior or actions of the Consultant which are deemed unsafe, reckless or irresponsible by the Principal/Ship Owners/Client will result in the Consultant being removed from the Vessel at the first opportunity and the Consultant shall be liable for all and any expenses incurred as result.
- Consultant will be responsible, at its expense, for obtaining all relevant visas, consents, permits, registration, approvals, licenses and other requirements of any authority to carry out the services.
The Consultant (if an individual) will be engaged in a self-employed capacity and as such it is understood that he will be entirely responsible for any income taxes, social security, work visas, or any other contribution to his country of residence. The Consultant (any individual or company) shall affect with an insurance company or companies acceptable to the Client a policy or policies or insurance covering all the matters which are the subject of the indemnities and undertakings on the part of the consultant contained in the contract (to include without limitation medical, public liability, professional indemnity and employer’s liability, where applicable.
Confidentiality and Personal Data
Both parties undertake not to disclose any information (including but not limited to Reports, advices, recommendations and any contract) provided in confidence by the other party to any third party (including but not limited to any of their subsidiaries or affiliates) and the receiving party shall not permit access to such information by any third party unless the disclosing party expressly grants permission in writing save where required to do so by an order of a competent court of law. By accepting these terms and conditions, Consultant agrees to share his personal data and Professional Biodata by Client with its existing and/or potential customers for professional use through listing of Surveyors through listing of profile on the website.
- This Agreement shall begin on the date of acknowledgment of terms and conditions as mentioned hereunder in the 17 is received by the Client. Date of commencement of service and completion date should be as specified in the Purchase Order.
- This Agreement shall terminate upon written notice by either Contract Party to the other with immediate effect from the date on which any of the following events occurs;
- the other shall become insolvent;
- the other shall go into liquidation whether compulsory or voluntary except for the purpose of amalgamation or reconstruction;
- the other shall have a receiver appointed for any of its assets or undertakings, or any distress, execution, sequestration or other process shall be issued against any of its property.
- The other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within fourteen (7) days of the other party being notified in writing of the breach;
- Any termination of this Agreement shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
Assignment and Sub- contracting
The Consultant shall not assign or sub-contract the whole or any part of the Contract without the prior written consent of the Client. Sub-contracting any part of the Contract shall not relieve the Consultant of any obligation or duty attributable to it under the Contract.
- Status of Consultant In performing the services, the Consultant is acting as an independent contractor and nothing in the Contract shall have the effect of making the Consultant the servant, agent worker, partner, or employee of the client.
- Governing Law and Jurisdiction these SMTC (standard terms and Conditions for purchase of the consultancy services) shall be governed by and construed in accordance with the laws of Hong Kong and the Consultant hereby irrevocably submits to the exclusive jurisdiction of the Courts of Hong Kong.
- Acknowledgement and Acceptance of the General Conditions
I, the undersigned, confirm that I have read and accepted the SINOTECH Marine Corporation (HK) Limited Terms and Conditions for the purchase of the consulting services and agreed to abide by them.
Signature of the Consultant: Date:
Name of the Consultant: Date of Birth of Consultant
Nationality: Passport Number:
Country of Residence: