Fernandes Maritime Consultants - Standard Terms and Conditions
INDEPENDENT CONTRACTOR - In the conduct of services, hereunder, Fernandes Maritime Consultants, LLC, (“FMC”) is and shall remain at all times an independent contractor and neither FMC nor any of its surveyors, officers, employees, or subcontractors shall be or act as the employee, servant or agent of any other party hereto in its performance of any of the terms and conditions hereof.
SAFE WORKING ENVIRONMENT: The party or parties requesting the services of FMC (hereinafter the “Client”) is responsible for establishing and maintaining safe working conditions in accordance with applicable safety standards and for providing FMC surveyors with safe access to sites and assistance during inspection, testing and trials. FMC personnel shall comply with Client’s safety procedures to the extent such procedures are communicated to FMC personnel and are not in contravention of any applicable safety standard. If FMC personnel feel the proposed working conditions are unsafe they may refuse to attend the work site.
ACCESS - The party or parties requesting the services of FMC will arrange for FMC, its officers, surveyors, employees, servants, agents and subcontractors to have access to all parts of the vessels and to all places where cargo is being stored and assembled.
ASSIGNMENT - In performance of this Agreement, FMC may at its discretion designate one or more sub-contractors to perform all or any part of its duties hereunder.
HOLD HARMLESS - The Client or his assignee or successor in interest agrees to release, indemnify and hold harmless FMC from and against any and all claims, demands, lawsuits or actions for damages, including legal fees, for harm or loss to persons and/or property tangible, intangible or otherwise which may be brought against FMC incidental to, arising out of or in connection with the work to be done, services to be performed or material to be furnished hereunder except for those claims caused solely and completely by the negligence of FMC, its directors, officers, employees, agents or subcontractors.
LIMITATION OF LIABILITY – If any party to this Agreement relies on any information or advice given by FMC and suffers loss, damage or expense directly therefrom which is proven to have been caused by the sole negligent act, omission or error of FMC, its officers, employees or agents, or from breach of any implied or express warranty of workmanlike performance in connection with the services, or from any other reason, then the combined liability of FMC, its surveyors, officers, employees, agents or subcontractors to Client or any other person or business entity or sovereign, will be limited to the sum actually paid to FMC for services alleged to be deficient.
CONSEQUENTIAL DAMAGES - In no event shall either FMC or Client be liable for indirect or consequential damages, including, without limitation, loss of use, loss of profit, or loss of contract suffered by any person regardless of whether such claim is based upon alleged breach of contract, willful misconduct, or negligent act or omission.