SINOTECH MARINE CORPORATION (HK) LIMITED
Smart space-2, Units 1205-1208, Level-12, Cyber Port-2, 100-Cyber Port Road, Hong Kong
Email. email@example.com , Ph. +852-52456106, Fax- +852-31570952
1.0 Standard Terms and Conditions for Purchase of Consultancy Services
SINOTECH Marine Corporation (HK) Ltd., (hereinafter called “SINOTECH”) undertakes services in accordance with following Standard Terms and Conditions of Consulting Services, unless otherwise specifically agreed in writing, and accordingly all offers or tenders of services are made subject to these Standard Terms and Conditions as described hereunder.
2.0 SINOTECH is a Maritime Independent consulting company engaged in various marine Technical, Management, and Information Technology Consulting Services through service performed by its staff and/or sub-contractors. Scope of the service may include engineering consulting, management consulting, IT services and Consulting, Vessel Condition assessment, Vessel Technical Inspections, Quality Audits, Cargo & Bunker Surveys, Repair/ Dry-docking Consulting, Pre-Charter Inspections, and Ship Owner /operator representation.
SINOTECH acts on behalf of bodies or company or person from whom the instructions to act have originated (hereinafter called “the Principal”). No other party is entitled to give instructions, unless so authorized by the Principal and agreed by SINOTECH.
3.0 Services – SINOTECH’s Rights and Obligations
SINOTECH issues reports and certificates subject to the instructions received from its Principal.
- SINOTECH acceptance of instructions in no way indemnifies the principal for ambiguities which may materially affect the outcome of the job. The information reported is an independent opinion without produced without prejudice and solely for the perusal or guidance of its principal or their business partners.
- The Principal shall use reasonable care, skill and due diligence when carrying out the specific instructions to SINOTECH. In the absence of such instructions, the SINOTECH shall:
- Conform to the terms of any standard operational procedures, and/or Principal specific requirements
- Once SINOTECH has issued analysis results, if any doubt arises regarding the accuracy of the results either on the part of SINOTECH or its Principal, SINOTECH reserves the right to re-check and amend as they see it necessary.
- Follow any relevant trade customs, usage or practices as per the governing body.
- Preliminary and final reports of the assignment shall be available to the principal in a prompt and timely manner or otherwise as mutually agreed between the parties.
- SINOTECH shall be entitled at its discretion to delegate the performance of the whole or any part of the services contracted for with the Principal to any agent or subcontractor deem credible.
4.0 The Principal’s Rights and Obligations
4.1 Principal to ensure sufficient information, documents and instructions are to be provided in due time, as sufficient, to enable the desired services to be executed. Principal to ensure all necessary access authorization for the SINOTECH representatives/sub-contractors to enable the required services to be performed effectively and efficiently;
4.2 Principal to ensure that all necessary measures are taken for safety and security of working conditions, sites, installations, vessels and premises during the performance of services and will not rely, in this respect, on the enterprise advice whether requested or not;
4.3 Take all necessary steps to eliminate or remedy any obstructions to or interruptions in the performance of the required services;
4.4 Inform the SINOTECH in advance of any known hazards or dangers, actual or potential, associated with any order or samples or testing including, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or positions;
4.5 The Services shall be performed by the SINOTECH for the benefit of the Principal only. The SINOTECH does not accept any responsibility or liability to any third party for the Services performed and/ or support performed and/or non-performed for the benefit of the Principal only unless the SINOTECH has expressly agreed in writing.
5.0 Liability, Limitation and Indemnification
5.1 SINOTECH undertakes to exercise due care and skill in the performance of its services and accepts no responsibility and liability other than delivering the professional deliverables as agreed in the scope of the service.
5.2 The SINOTECH shall not be liable for any delayed, partial or total non-performance of the services arising directly or indirectly from any event outside the control of SINOTECH including failure by Principal to comply with any of its obligations.
5.3 The liability of the SINOTECH in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to 1.5 times of the amount of the fee excluding expenses. The SINOTECH shall have no liability for any indirect or consequential loss (including loss of profits).
5.5 The principal shall guarantee and indemnify the SINOTECH or subcontractors against all claims by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any Services.
6.1 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.
7.0 Payment Terms
7.1 The Principal shall pay punctually within 30 days after the completion of service or from the date of invoice or within any such other period as mutually agreed in writing by the SINOTECH.
7.2 If any part of an invoice is genuinely in dispute, the Client shall notify the Company immediately upon receipt of invoice as to any part of the invoice which is in dispute giving full reasons as to why a portion of the invoice is disputed and nevertheless pay the undisputed part within 30 days of the invoice date
7.3 SINOTECH is neither an insurer nor a guarantor and disclaims all liability in such capacity. Principals seeking a guarantee against loss and/or damage should obtain proper insurance.
8.0 Applicable Law
The Agreement between the SINOTECH and the principal shall be governed by the laws of the Hong Kong.