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9 B Amtel Building 148 Des Voeux Road Central Central Hong Kong

Telephone:  +852 2854 1988 

Mobile: +86 138 2327 7300 or +30 6977 075 235

Fax: +852 2854 1988

Email: info@oelservices.com   Web: www.oelservices.com

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please send email to: oelcopters@oelservices.com

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USEFULL DOCUMENTATION

🔗 ABS Rules for Materials and Welding – Aluminum and Fiber Reinforced Plastics (FRP)(2006) #22 Rule Change Notice 6, January 2012  Corrigenda, January 2012 

🔗 Guide for Nondestructive Inspection of Hull Welds (2011) #14 Corrigenda, January 2012

🔗 Guide for Certification of Container Securing Systems (2010) #45 Rule Change Notice 1, January 2012  Corrigenda, January 2012

🔗 Guide for Building and Classing Liftboats (2009) #107 Rule Change Notice 5, January 2012  Corrigenda, January 2012

🔗 Ship’s Plate Thickness Diminution

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TERMS AND CONDITIONS

Company
The company, firm or person with whom the Agreement is made.

The Agreement
The Agreement between Ocean Engineering and Logistics Ltd and The Company constituted by the attached fax/letter/order acknowledgement and inter alia these terms and conditions.

Delegates

  1. Employees and agents of Ocean Engineering and Logistics Ltd
  2. Any person to whom performance of work or services under The Agreement is delegated or subcontracted by Ocean Engineering and Logistics Ltd.
  3. Any such Person’s-as above employees and agents

Neither party shall transfer or assign its rights or obligations under The Agreement without prior written consent of the other party, provided that: The Company may transfer any of its rights under The Agreement to any of its affiliate companies, in which case The Company shall procure the acceptance by the assignee of the terms, conditions, exceptions and exemptions of The Agreement.

If Ocean Engineering and Logistics Ltd considers it more efficient or convenient, Ocean Engineering and Logistics Ltd, may in its discretion procure advice, assistance and services which it renders under the Agreement, from other persons and may in its discretion delegate performance of one of its obligations under The Agreement.

  1. If any payments to be made under The Agreement shall be subject now or in the future to taxes, levies or charges of whatever kind in the country in which THE COMPANY is incorporated and/or operating and which THE COMPANY or Ocean Engineering and Logistics Ltd is required to pay or which THE COMPANY is required to withhold, THE COMPANY shall pay such sums as shall yield to Ocean Engineering and Logistics Ltd after payment or withholding of such taxes, levies or charges the full amounts payable to Ocean Engineering and Logistics Ltd under The Agreement as if such taxes, levies or other charges were not paid or withheld.
  2. Payment shall be made within fifteen working days from the date of the invoice unless otherwise agreed in writing.
  3. Any payments overdue by THE COMPANY shall bear compound interest from the due date until payment at a rate of 0.5 per cent per week.
  4. Except when there are self evident errors in the invoice, payment shall be made by THE COMPANY notwithstanding any dispute relating to the billings. Any adjustments consequent upon settlement of such disputes shall be made within thirty days following the settlement.
  5. When any payment (or instalment) to Ocean Engineering and Logistics Ltd becomes overdue by more than sixty days, the Ocean Engineering and Logistics Ltd shall without prejudice to any of its other rights, be entitled to terminate the Agreement with the Company whereupon payment will become due for the value of work done up to the date of termination.
  1. Ocean Engineering and Logistics Ltd shall perform The Agreement with all proper skills and in accordance with first-class industry standards.
  2. If any work or services under The Agreement are negligently performed or omitted then so far as may be reasonably practicable Ocean Engineering and Logistics Ltd at its own expense will cause such work and services to be correctly carried out.
  3. THE COMPANY shall not sue any Delegate for any loss or damage of any nature whatsoever suffered by THE COMPANY and connected with the performance of The Agreement. THE COMPANY’s sole remedy shall be against Ocean Engineering and Logistics Ltd under this Clause E.
  4. The total liability of Ocean Engineering and Logistics Ltd to THE COMPANY for breach of The Agreement and the total third party liability of Ocean Engineering and Logistics Ltd and Delegates shall not for any reason whatsoever (including negligence) in aggregate over the duration of The Agreement exceed an amount equal to the total fees paid and payable by THE COMPANY to Ocean Engineering and Logistics Ltd.
  5. If Ocean Engineering and Logistics Ltd or any Delegate does incur third party liability of any nature whatsoever arising out of or connected with performance of The Agreement then (subject to clause E(6) below) THE COMPANY shall indemnify Ocean Engineering and Logistics Ltd, or such Delegate against such third party liability and costs and expenses relating thereto, and this indemnity shall apply even if the third party claim was based on negligence. Further to the extent that Ocean Engineering and Logistics Ltd may have indemnified any Delegate against such third party liability, costs or expenses (which Ocean Engineering and Logistics Ltd at its sole discretion shall be entitled to do) then THE COMPANY shall thereupon be liable to indemnify Ocean Engineering and Logistics Ltd accordingly.
  6. Where the reason for third party liability mentioned in clause E(5) was the negligence of Ocean Engineering and Logistics Ltd, or of any Delegate then THE COMPANY’s indemnity under clause E(5) shall apply above the limit of liability mentioned in clause E(4) and Ocean Engineering and Logistics Ltd shall be liable up to such limit.
  7. In entering into the agreement contained in clause E Ocean Engineering and Logistics Ltd contracts both on its own behalf and as agent on behalf of Delegates and also as trustee for their benefit.
  8. Neither party shall be liable to the other for indirect or consequential damages resulting from or arising out of The Agreement including but not limited to loss of use of property, loss of profits, loss of product or business interruption.
  9. Ocean Engineering and Logistics Ltd agrees to apply its best efforts on behalf of those for whom a survey is made but it is distinctly understood and agreed upon that this survey is made with the understanding that Ocean Engineering and Logistics Ltd will have no liability for any error or omissions, whether due to negligence or otherwise, in excess to the actual charge made for the survey in question and all persons interested in or to be affected hereby accept this report on that basis.
  1. THE COMPANY undertakes to keep confidential any confidential information disclosed to it by Ocean Engineering and Logistics Ltd and not to disclose the same either complete or in part to any third party (including subsidiary companies, holding companies or associate companies) without Ocean Engineering and Logistics Ltd prior written approval, such undertaking to continue notwithstanding the expiry or termination of The Agreement for so long as the information in question has not:

 a. Become part of the public knowledge or literature without default on the part of THE COMPANY or 

 b. Been disclosed to THE COMPANY by the third party (other than one disclosing on behalf of Ocean Engineering and Logistics Ltd) whose possession of such information is lawful and who is under no secrecy obligation with respect to the same.

or for a period of 10 years from the date that The Agreement terminates, whichever is the sooner.

2. Ocean Engineer and Logistics Ltd shall undertake to keep confidential any confidential information disclosed to it by THE COMPANY and Ocean Engineering and Logistics Ltd shall be liable to the same constraints as imposed by clause F(1) on THE COMPANY.

Neither party to The Agreement shall be in breach of any obligation hereunder (other than the obligations of THE COMPANY to make payment of any monies due to Ocean Engineering and Logistics Ltd) insofar as performance thereof has been delayed, hindered, interfered with or prevented by any circumstances beyond its reasonable control.

It is the policy of Ocean Engineering and Logistics Ltd to conduct its activities in such a way as to take foremost account of the health and safety of its employees and of other persons and to give proper regard to the conservation of the environment. In implementing this policy Ocean Engineering and Logistics Ltd not only complies with the requirements of the relevant legislation but promotes in an appropriate manner, measures for the protection of Health, Safety and Environment for all who may be affected directly or indirectly by its activities. If, in the execution of its services, Ocean Engineering and Logistics Ltd believes that the health and safety of its employees is placed at unacceptable risk due to circumstances outside its control, Ocean Engineering and Logistics Ltd reserves the right to withdraw its services until the circumstances giving rise to this withdrawal are removed.

It is hereby expressly agreed that no employee or agent of Ocean Engineering and Logistics Ltd (including every sub-contractor from time to time employed by Ocean Engineering and Logistics Ltd) shall in any circumstances whatsoever be under any liability whatsoever to the Clients for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to the generality of the foregoing provisions in this clause, every exemption from liability, defence or immunity of whatsoever nature applicable to Ocean Engineering and Logistics Ltd or to which Ocean Engineering and Logistics Ltd is entitled hereunder shall also be available and shall extend to protect every such employee or agent of Ocean Engineering and Logistics Ltd acting as aforesaid and for the purpose of all the foregoing provisions of this clause Ocean Engineering and Logistics Ltd is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its servants or agents from time to time (including sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this agreement.

The proper law of these terms and conditions is English Law and English Law shall be used to interpret these terms and conditions and for resolving all claims or disputes arising out of or connected with these terms and conditions (whether based on contract, tort, or any other legal doctrine). Any such claim or dispute not settled by negotiation shall be settled by arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or any statutory modification or re-enactment thereof for the time being in force, one arbiter being appointed by each party. If two arbiters properly appointed shall not agree they shall appoint an umpire whose decision shall be final. The language of the Arbitration shall be English.