TERMS & CONDITION – (EK) One Safety & Marine Management Pte Ltd. Dated: May 2018
Terms & Conditions of Business
1. Unless otherwise specifically agreed, (EK) One Safety & Marine Management Pte Ltd. (hereinafter called "the Company") undertakes services in accordance with
these general conditions (hereinafter called "General Conditions") and accordingly
all offers, or tenders of service are made subject to these General Conditions. All
resulting contracts, agreements or other arrangements will in all respects be
governed by these General Conditions, except only to the extent that the law of the
place where such arrangements or contracts are made shall preclude any of the
General Conditions and in such case Singapore law shall prevail, but only to the
extent that, it is at variance with these General Conditions.
2. The Company is an enterprise engaged in marine surveying and heavy lift operations. As such, it:
2.1 Carries out such standard services as are referred to in General Condition 6.
2.2 Renders advisory and special services as may be agreed by the Company and as
referred to in General Condition 7.
2.3 Reports and/or certificates as referred to in General Condition 8.
3. The Company acts for the persons or bodies from whom the instructions to act have
originated (hereinafter called “the Principal”). No other party is entitled to give
instructions, particularly on the scope of the survey or delivery of a report or
certificate, unless so authorised by the Principal and agreed by the Company. The
Company will however be deemed irrevocably authorised to deliver at its discretion
the report or the certificate to a third party if following instructions by the Principal a
promise in this sense had been given to this third party or such a promise implicitly
follows from circumstances, trade custom, usage or practice.
4. The Company will provide services in accordance with:
4.1 the Principal’s specific instructions as confirmed by the Company;
- 4.2 the terms of the Company’s Standard Order Form and/or Standard Specification
Sheet if used;
4.3 any relevant trade custom, usage or practice;
4.4 such methods as the Company shall consider appropriate on technical, operational
and/or financial grounds.
5.1 A Transportation Proposal or Methodology containing inter alia all relevant
particulars of the proposed loading and/or discharging methodology, cargo,
carrier(s), location, cargo handling equipment, sea-fastening and other relevant
calculations and specifications, sea transit, contingencies, port and local contacts
etc. in sufficient time to allow the surveyor to appraise the contents.
All documents reflecting engagements contracted between the Principal and third
parties, or third parties’ documents, such as copies of contracts of sale, letters of
credit, bills of lading, etc., are (if received by the Company) considered to be for
information only, without extending or restricting the mission or obligations accepted
by the Company.
TERMS & CONDITION – (EK) One Safety & Marine Management Pte Ltd.
Dated: May 2018
6. As a general rule and unless expressly agreed in writing, the Company’s performance will be limited to ensuring compliance with Principal’s design
methodology, calculations, specifications and drawings and the Company may
approve such methodology but will never expressly or impliedly verify such
methodology, specifications and calculations unless such forms part of the scope of
work and is expressly agreed in writing between parties and all relevant data is
provided in sufficient time to the Company to perform such additional and
exceptional tasks. In all cases structural engineering components shall be deemed
outside the scope of work. The Company’s standard services may include all or any
of the following marine surveys to ensure compliance with plans, designs and
calculations received. Such standard services may include:
- 6.1 loading and discharging of cargoes;
- 6.2 sea-fastening;
- 6.3 cargo condition surveys;
- 6.4 barge ballasting;
- 6.5 tug and barge approvals;
- 6.6 towage approvals;
- 6.7 surveys and audits;
- 6.8 route surveys;
- 6.9 other risk management surveys.
7. Special services where the same exceed the scope of standard services as referred
to in General Condition 6 will only be undertaken by the Company by arrangement.
Such special services are illustratively not exhaustively:
- 7.1 stowage planning and verification of same;
- 7.2 sea-fastenings design, calculations and verification of same, mooring analysis, deck
strength calculations except for structural engineering components;
- 7.3 barge ballasting calculations and operations and verification of same;
- 7.4 supply of technicians and other personnel;
- 7.5 supervision of complete industrial projects;
- 7.6 risk management and advisory services.
- 7.7 Valuations of Ships, Barges and assets
- 7.8 Marine casualty investigation
8. Subject to the Principal's instructions as accepted by the Company, the Company
will issue reports and certificates which reflect statements of opinion made with due
care within the limitation of instructions received but the Company is under no
obligation to refer to or report upon any facts or circumstances which are outside the
specific instructions received.
9. The Principal will:
9.1 ensure that instructions to the Company and sufficient information are given in due
time to enable the required services to be performed effectively;
9.2 procure all necessary access and permissions for the Company's representatives to
enable the required services to be performed effectively;
9.3 supply, if required, any special equipment and personnel necessary for the
performance of the required services;
9.4 ensure that all necessary measures are taken for safety and security of working
conditions, sites and installations during the performance of services and will not
rely, in this respect, on the Company's advice whether requested or not;
9.5 take all necessary steps to eliminate or remedy any obstruction to or interruptions in
the performance of the required services;
TERMS & CONDITION – (EK) One Safety & Marine Management Pte Ltd.
Dated: May 2018
9.6 inform the Company 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 poisons;
9.7 fully exercise all its rights and discharge all its liabilities under any related contract
whether a report or certificate has been issued by the Company failing which the
Company shall be under no obligation to the Principal.
9.8 The Company 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
9.9 The Company undertakes to exercise due care and skill in the performance of its
services and accepts responsibility only where such skill and care is not exercised.
9.10 The liability of the Company in respect of any claims for loss, damage or expense of
whatsoever nature and howsoever arising in respect of any breach of contract and/or
any failure to exercise due skill and care by the Company shall in no circumstances
exceed a total aggregate sum equal to two times the amount of fee or commission
payable in respect of the specific service required under the particular contract with
the Company which gives rise to such claims provided however that the Company
shall have no liability in respect of any claims for indirect or consequential loss
including loss of profit and/or loss of future business and/or loss of production and/or
cancellation of contracts entered into by the Principal. Where the fee or commission
payable relates to several services and a claim arises in respect of one of those
services the fee or commission shall be apportioned for the purposes of this
paragraph by reference to the estimated time involved in the performance of each
9.11 The limit of liability of the Company under the terms of Condition 9.10 may be
increased upon request received by the Company in advance of the performance of
the service to such figure as may be agreed upon payment of additional fees equal
to an appropriate fraction of the increase in such compensation or as may be agreed
9.12 The Principal shall guarantee, hold harmless and indemnify the Company and its
officers, employees, agents or subcontractors against all claims made by any third
party for loss, damage or expense of whatsoever nature and howsoever arising
relating to the performance, purported performance or non-performance of any
services to the extent that the aggregate of any such claims relating to any one
service exceed the limit mentioned in Condition 9.10.
9.13 Every officer, employee, agent or subcontractor of the Company shall have the
benefit of the limitation of compensation and the indemnity contained in these
General Conditions and so far as relates to such limitations any contract entered
into by the Company is entered into not only on its own behalf but also as agent and
trustee for every such person as aforesaid.
9.14 If any unforeseen problems or expenditure arise in the course of carrying out any of
the contracted services the Company shall be entitled to make additional charges to
cover additional time and cost necessarily incurred to complete the service.
9.15 The Principal will punctually pay not later than 30 days after the relevant invoice date
or within such other period as may have been agreed in writing by the Company all
proper charges rendered by the Company failing which interest will become due at
the rate of 10 per cent per annum from the date of invoice until payment.
9.16 The Principal shall not be entitled to retain or defer payment of any sums due to the
Company on account of any dispute, cross claim or set off which it may allege
against the Company.