General Description of Services
VOYAGER MARINE shall provide its services solely in accordance with these Terms and Conditions.
Customer will set out in writing the services it requires. VOYAGER MARINE will confirm in writing that it accepts those instructions and what services it will perform in connection with Customer’s instructions. Once VOYAGER MARINE and the Customer have agreed that services are to be performed any subsequent changes or additions must be agreed by both parties in writing.
VOYAGER MARINE warrants and agrees to:
a) Use all reasonable care and skill in the performance of the service(s) provided
b) Submit written report to Customer following completion of the vessel in ports with relevant details
c) Not to disclose any information provided in confidence by the Customer to any third party and will not permit access to such information by any third party unless Customer expressly grant permission.
d) Notify Customer of any matter including conflict of interest
e) Maintain Professional Indemnity and Public Liability Insurance providing full coverage for such loss and damage for which VOYAGER MARINE may be held liable to Customer.
Customer warrants and agrees to:
a) Ensure full written instructions and relevant documents / information required for the particular job to be available to VOYAGER MARINE in time to enable to organize efficient and effective operations.
b) Procure all necessary access for the VOYAGER MARINE representative, vessels, installations and transport.
c) Ensure that all appropriate safety measures are taken to provide safe and secure working conditions.
d) Pay VOYAGER MARINE invoices within 14 days from the date of receipt.
Liability & Indemnity
a) Without prejudice to Clause 3 (e) VOYAGER MARINE shall be under no liability whatsoever to Customer for any loss, damage, delay or expenses of whatsoever nature, indirect or consequential loss, non performance of any obligation, misdirection, costs, expense, death or injury of whatsoever nature and however arising unless same is provided to have resulted solely from the negligence, gross negligence or willful default of VOYAGER MARINE employees.
b) Any documents or calculations provided by VOYAGER MARINE must be approved by the Master of the vessel prior to any voyage commencing. VOYAGER MARINE is not responsible for the safety of the vessel nor its cargo, and ultimate responsibility for the safety of the vessel and its cargo remains with the master at all times.
c) In the event that Customer proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or willful default of the VOYAGER MARINE employee, VOYAGER MARINE’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated on the basis of 10 times VOYAGER MARINE’s charges or AUD 25,000 whichever is the greater.
d) VOYAGER MARINE shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
e) VOYAGER MARINE shall not be liable for loss or damage to equipment and other items placed at its disposal by or on behalf of Customer however such loss or damage occurs.
f) Except to the extent and solely for the amount therein set out that VOYAGER MARINE would be liable under class 3 (a & b). Customer hereby undertakes to keep VOYAGER MARINE and its employees agents and sub-contractors indemnified and to hold them harmless against all actions, proceeding, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them and against and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which VOYAGER MARINE may suffer or incur (either directly or indirectly) in the course of the services under these Terms & Conditions
Neither VOYAGER MARINE nor Customer shall, except as otherwise provided in these Terms & Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war , seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.
Customer shall pay VOYAGER MARINE invoices within 14 days from the date of receipt. In circumstances where it is agreed that it would be impractical for VOYAGER MARINE to continue its involvement with the appointment, Customer shall be responsible for payment of all outstanding fees up to the date of notification.