Terms & Conditions

Scope: These terms and conditions cover use of the website at www.mmass.co.uk.

A. USE OF THE WEBSITE

1. Agreement

By using the Website you agree to be bound by these Terms. We endeavour to offer you the best possible service but cannot guarantee that the Services will be fault free. If a fault occurs, please report it to Marex Marine Services Ltd at info@mmass.co.uk. Occasionally we need to carry out essential repairs, maintenance and/or updating of our IT systems which may restrict your use of the Services. In these circumstances, we will endeavour to restore the Services to you as soon as possible.

2. Amendments

We reserve the right to: Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

3. Privacy notice

Read our privacy notice.

4. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website: any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.

5. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.

6. Third Party Links

As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

B. GENERAL

GENERAL TERMS AND CONDITIONS - CONSULTANCY SERVICES

Definitions

"Marex"              Marex Marine and Risk Consultancy

"the client"        The party who instructs Marex to carry out the services.

"the Services"   The scope of work set out in any tender, purchase order or other instruction from the client which is accepted by Marex.

Application

The terms and conditions set herein shall apply to all contracts entered into by Marex and no modification or variation shall be permitted or accepted, or deemed to have been permitted or accepted, by Marex unless expressly agreed in writing by Marex.

Work Execution

Marex shall execute the work in a highly professional manner and in accordance with the provisions of this agreement. Any documented error or defect in the work shall be rectified by Marex within a reasonable period of time.

Marex shall carry out the scope of work as is appropriate, having due regard to all relevant circumstances, the instructions from the client, time constraints and availability of access. Marex shall report to the client as fully as is reasonably practicable with due regard to such circumstances.

Any report issued by Marex as part of the Services shall, unless otherwise expressly agreed between the client and Marex, be for the benefit of the client alone. Marex shall not accept any liability for the contents of such report to any other party.

Safety

Whenever Marex undertakes work on site, the client shall provide all adequate safety measures to ensure a working environment that is safe and in accordance with all relevant legislation.

Remuneration

The client shall pay Marex for Services rendered, including agreed costs and expenses. Prices quoted are exclusive of VAT, any other local sales, taxes and/or withholding taxes.

Payment shall be made to the Marex bank account as stated on the invoice unless otherwise specified in this agreement. Payment shall be made within 30 days after receipt of the invoice. For late payment Marex reserve the right to charge interest at a rate of 1% per month, or part thereof.

Variations

The client shall be entitled to request additional work (referred to as a “variation”) under this agreement.

All variation requests shall be in writing, clearly defining the variation required, including but not limited to remuneration and time schedule.

No variation shall be implemented before Marex and the client has reached an agreement regarding its extent, remuneration and revised time schedule.

Termination

The client has the right to terminate this agreement at any time after 30 days written notice to Marex. In accordance with these General Terms and Conditions, in the event of termination the client shall reimburse Marex for all work performed up to the date of termination and all costs and expenses reasonably incurred by Marex as a consequence of such termination

Both the client and Marex have the right to terminate this agreement with immediate effect if the other party is in material breach of its obligations or if the other party goes bankrupt or enters into administration/liquidation proceedings.

Confidentiality

The client and Marex mutually agree not to disclose to any third party, without the prior written consent of the other party, any information obtained from the other party related to this agreement.

However, each party shall be free to disclose such information as is:

• Known by it prior to the information being disclosed by the other party.
• Part of the public domain at the time of the disclosure.
• Required to be disclosed by public authorities in accordance with applicable law.

Both parties may disclose information to their subcontractors without prior written consent to the extent necessary to complete the work, provided that a written confidentiality agreement reflecting the principles above is entered into with such subcontractors.

Intellectual Property Rights

The client shall have full ownership rights to the deliverables produced by Marex as part of the work, unless otherwise specified. Marex shall, subject to this agreement on a royalty free basis, have free use of such deliverables.

Any materials (including, but not limited to, photographs, diagrams, models and computer programs) developed during the course of the work, which are not named as part of the deliverables, shall be the exclusive property of Marex.

Hold Harmless and Consequential Loss

Marex shall defend, indemnify and hold harmless the client from and against any and all claims incurred by the client resulting from the damage to or loss of Marex’s property, and/or personal injury of any Marex personnel irrespective of whether such damage, loss or personal injury is caused by the client.

The client shall defend, indemnify and hold harmless Marex from and against any and all claims incurred by Marex resulting from the damage to or loss of the client’s property, and/or personal injury of any of the client’s personnel irrespective of whether such damage, loss or personal injury is caused by Marex.

Under no circumstances whatsoever whether by reason or any negligence, breach of duty (statutory or otherwise) or strict liability shall Marex be liable to the client for Consequential Loss suffered by the client resulting from or arising from the services referred to above. The client shall defend, indemnify and hold harmless Marex from any and all claims resulting from such Consequential Loss.

Under no circumstances whatsoever by reason of any negligence, breach of duty (statutory or otherwise) or strict liability shall the client be liable to Marex for Consequential Loss suffered by Marex resulting from the services referred to above. Marex shall defend, indemnify and hold harmless the client from any and all claims resulting from such Consequential Loss.

The exclusions of liability and the indemnities contained in this Agreement are to be liberally construed and:

a) shall apply solely and exclusively to any loss, damage, personal injury or Consequential Loss which occurs or is caused during the performance of the services (whether directly or indirectly in relation thereto or which occurs at any other place where personnel or property of either Marex or the client are located by reason of the services;

b) shall apply however so arising and by whomsoever caused, including (i) un-seaworthiness, strict liability, breach of warranty (express or implied), imperfection of materials, condition of any premises or transport to or from such premises, (ii) breach of duty (statutory or otherwise), or the negligence of the indemnified party or Marex or the client and whether such negligence be sole, joint or concurrent, active or passive, and (iii) whether the basis for any claim is in tort, under contract or otherwise at law;

c) shall be in addition to and not in derogation or substitution of the releases of indemnifications elsewhere in this Agreement;

d) do not allow the client to rely on any lower limits that may be applied under the Merchant Shipping Act 1979 or any similar legislation and the client expressly waives any and all rights it may have to rely on any such lower limits of liability under such Act and such similar legislation.

Insurance

Both the client and Marex agree to maintain a general liability insurance amounting to no less than GBP 1,000,000 (or equivalent), to cover amounts either party may be liable to pay.

Force Majeure

Delay in or failure of performance of either party with respect to the work agreed shall not constitute a default or give rise to any claim or damage if, and to the extent, such delay or failure is caused by any event beyond the control of the party affected which the party had no reasonable way of preventing or grounds to anticipate. This includes, but is not limited to, an act of war, natural disaster, fire, explosion, labour dispute. The affected party shall immediately notify the other party in writing of the causes and expected duration of any such occurrence.

Proper Law

Any contract between Marex and the client relating to the provision of the Services shall be governed by and constructed according to the laws of England. Marex and the client agree to submit to the non-exclusive jurisdiction of the English courts.