1. In these terms and conditions:
(i) “Services” means any and all services provided to the Client by any entity that is part of A.M. Marine Surveys LLC.
(ii) the “Contract” means this agreement for the supply of services.
2. The Client will pay all invoices for the Services within 30 days of the invoice date. A.M. Marine Surveys LLC reserves the right to charge interest at an annual rate of 2% above the federal offered base rate or the equivalent in the country where the client maintains its principal office on any amount remaining unpaid beyond 30 days and may withhold any or all services until the arrears, including interest, are paid.
3. A.M. Marine Surveys LLC reserves the right to charge for any work that is additional to that originally quoted.
A.M. Marine Surveys LLC will keep confidential and not use or disclose to any third party any technical information or operating data derived from the client in connection with the Services except as may be required by law or as may be requested by the client. This obligation will survive termination of the Contract. This obligation will not apply to any technical information or operating data that was in A.M. Marine Surveys LLC’s possession before its disclosure in connection with the Services, that is or becomes part of the public domain through no fault of A.M. Marine Surveys LLC or an independent source not under an independent obligation.
5. This Contract will continue in force until terminated by A.M. Marine Surveys LLC or the Client, after giving the other party 30 days written notice.
6. If the Contract is terminated by A.M. Marine Surveys LLC or the Client before the Services under the Contract are completed, A.M. Marine Surveys LLC fees will be calculated on a pro rata basis to the date of termination. Any reasonable costs directly attributed to early termination and any amounts then due will immediately become payable.
7. A.M. Marine Surveys LLC services do not assess compliance with any standard other than applicable international standards and conventions that are expressly agreed in writing by A.M. Marine Surveys LLC and the Client.
8. In providing Services, information or advice, A.M. Marine Surveys LLC does not warrant the accuracy of any information or advice supplied. Except as set out in the Terms and Conditions, A.M. Marine Surveys LLC will not be liable for any loss, damage or expense sustained by any person caused by any act, omission, error, negligence, or strict liability caused by any inaccuracy in any information or advice given in any way by or on behalf of A.M. Marine Surveys LLC even if held to amount to a breach of warranty. Nevertheless, if the Client uses the Services or relies on any information or advice given by or on behalf of A.M. Marine Surveys LLC and as a result suffers loss, damage, or expense that is proved to have been caused by any negligent inaccuracy in information or advice given by or on behalf of A.M. Marine Surveys LLC, then A.M. Marine Surveys LLC will pay compensation to the Client for its proved loss up to but not exceeding the amount of the fee (if any) charged by A.M. Marine Surveys LLC for that particular service, information, or advice.
9. Notwithstanding the previous clause, A.M. Marine Surveys LLC will not be liable for any loss of profit, loss of contract, loss of user, or any indirect or consequential loss, damage or expense sustained by any person caused by any act, omission, or error or caused by any inaccuracy in any information or advice given in any way by or on behalf of A.M. Marine Surveys LLC.
10. No omission or failure to carry out or observe any stipulation, condition or obligation to be performed under the Contract will give rise to any claim against A.M. Marine Surveys LLC, or be deemed to be a breach of contract, if the failure or omission arises from causes beyond A.M. Marine Surveys LLC’s reasonable control.
11. Any dispute, claim, or litigation between A.M. Marine Surveys LLC and the Client arising from or in connection with the Services provided by A.M. Marine Surveys LLC shall be subject to the jurisdiction of the US Federal and State courts, including the provisions concerning the recovery of legal costs.
12. No addition, alteration or substitution of these Terms and Conditions will bind A.M. Marine Surveys LLC, or form part of this Contract unless it is expressly accepted in writing by an authorized A.M. Marine Surveys LLC representative who expressly states in writing that A.M. Marine Surveys LLC is agreeing to alter these Terms and Conditions. In the event of any conflict between these Terms and Conditions and any document purporting to impose different terms, these Terms and Conditions will prevail.