Terms & Conditions

Last updated: 09/08/2021

AMS Global Group (“us”, “we”, or “our”) operates the https://amsglobalgroup.com website (hereinafter referred to as the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://https://amsglobalgroup.com

Definitions

  • Service

    Service is the https://amsglobalgroup.com website operated by AMS Global Group

  • Personal Data

    Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

  • Usage Data

    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Cookies

    Cookies are small files stored on your device (computer or mobile device).

  • Data Controller

    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

    For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

  • Data Processors (or Service Providers)

    Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

    We may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User)

    Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • Cookies and Usage Data

Usage Data

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

AMS Global Group uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), AMS Global Group legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

AMS Global Group may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • To comply with the law

Retention of Data

AMS Global Group will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

AMS Global Group will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

AMS Global Group will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

AMS Global Group may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of AMS Global Group
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. AMS Global Group aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where AMS Global Group relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

  • Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

    You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

Terms & Conditions – Sales & hire

Aberdeen Marine Surveyors Ltd. (trading as AMS Global Group) submits all quotations and price lists and accepts all orders subject to the following conditions of contract, which apply to all contracts for goods supplied to the exclusion of all other representations, conditions, or warranties, express or implied.

The Company reserves the right to refuse to accept any contract that is deemed to be contrary to the Company’s policies in force at the time.

Business customers: all brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us, and you should not rely on them in entering into any contract with us.

Business customers: any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by “signed for” or “registered” post or by fax) the other’s registered office or principal place of business. All such notices must be signed.

ACCEPTANCE OF EQUIPMENT FOR SERVICING/TESTING

Equipment presented for servicing will be serviced, wherever possible, according to the manufacturer’s recommendation.

The client will be informed of the price after completion unless specifically requested in writing to quote prior to work commencing.

Equipment that fails its test / inspection will be subject to an inspection fee.

Where a quotation is requested prior to work commencing, the company has the right to charge an inspection fee.

In the case of cylinders presented for test, the client shall be required to sign the customer disclaimer (cylinder test procedures file), giving the technician discretion over the test, inspection and service requirements.

In the event that the customer disputes the result of any inspection there is an appeals procedure to follow.

Equipment left for evaluation and not reclaimed will be disposed of after a period of 3 months has elapsed since the submission of the quote.

HIRE

The company is entitled to charge on a daily rate basis from when the goods are delivered to the clients nominated delivery point until the equipment is returned to Aberdeen Marine Surveyors Ltd.’s premises.
Aberdeen Marine Surveyors Ltd. is responsible for the delivery to the Aberdeen area, carriage is applicable for deliveries outwith the Aberdeen area.

There is seven-day minimum hire period, unless otherwise agreed in writing.

The customer is required to take reasonable care of the equipment whilst in their care and will be charged for damage.

The customer is responsible for loss or damage whilst equipment is in their possession.

PRICING

All prices shown on the Company’s price list, or on quotations offered by them, are based upon the acceptance of these conditions. Any variation of these conditions requested by the buyer could result in changes in the offered pricing or refusal to supply.

All quoted pricing is in Pounds Sterling as specified on the price list or quotation and is exclusive of VAT and delivery. In addition to the invoiced value, the buyer is liable for all import duty as may be applicable in the buyer’s location. If there is any documentation required for import formalities, whether or not for the purposes of duty assessment, the buyer shall make this clear at the time of order.

We reserve the right to make adjustments to the price to take account of any increase in, or the imposition of, any taxes or duties, or if due to an error or omission the price published for the goods is wrong. We will inform you of the correct price and give you an opportunity to cancel the order. If the goods have already been delivered, we will give you an opportunity to return the goods and receive a full refund of the price and any delivery charges you have paid for the goods.

Any quotation issued by the Company is open for acceptance for a period of 30 days or as stated after its issue, and if not accepted within the said period shall be deemed to have lapsed unless the Company at its sole discretion elects to extend such period.

PAYMENT

All goods, materials and documents supplied under the contract remain the property of the Company until full payment is received by the Company.

Any charges incurred in making the payment, either currency conversion or otherwise shall be paid by the buyer.

Business customers: If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.

Business Customers: you do not have the right to set off any money you may claim from us against anything you may owe us.

If you fail to pay us in full on the due date, we may:

  1. Suspend or cancel future deliveries.
  2. Cancel any discount offered to you.
  3. Charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998.
  4. Claim a fixed compensation from you under s.5A of that Act to cover our credit control overhead costs.
  5. Recover the cost of taking legal action to make you pay.

If any part of an invoice is disputed or queried by the Client, the payment of the remainder of the invoice shall not be delayed.

DELIVERY

Delivery shall be made by the company using a courier service of its choice. The cost of the delivery plus a nominal fee for administration will be added to the invoice issued. If multiple shipments are requested by the buyer, multiple delivery charges will be made. In the case of multiple deliveries, separate invoices will be raised.

If requested at the time of ordering an alternative delivery service can be used, but only if account details are supplied to the Company so that the delivery can be invoiced directly to the buyer by the delivery service. An administrative charge may be added to the invoice issued at the discretion of the Company.

We will endeavour to deliver goods within the times stated, but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods unless caused by our negligence.

If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the
contract, however:

  1. You may not cancel if we receive your notice after the goods have been dispatched; and
  2. If you cancel the contract, you can have no further claim against us under that contract.
    The terms in clause CANCELLATION will then apply.

WARRANTY

The company offers a 12-month warranty against parts and defective workmanship. The basis of this warranty will be discussed with the company’s technical staff before return is made. If it is agreed that a return for repair is necessary, then the faulty item shall be returned, carriage paid and properly insured to the company.

Faults incurred by abuse of the product (as defined by the company) are not covered by the warranty.
We cannot accept liability in respect of any defect arising from fair wear and tear, abnormal working conditions, failure to follow our instructions, or the alteration or repair of the goods without our approval.

Under no circumstances will the company be liable for any incidental or consequential damage or expense of any kind, including, but not limited to, personal injuries and loss of profits arising in connection with any contract or with the use, abuse, unsafe use or inability to use the company’s goods.
The company’s maximum liability shall not exceed, and the customer’s remedy is limited to, either:

i) repair or replacement of the defective part or product or at the company’s option.
ii) return of the product and refund of the purchase price, and such remedy shall be the customer’s entire and exclusive remedy.

FORCE MAJEURE

If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.

Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

INTELLECTUAL PROPERTY RIGHTS

The Client agrees to preserve the IPR of the Company at all times, and that no contract for supply of goods involves loss of IPR by the Company unless expressly offered as part of the contract by the Company.

WAIVER AND VARIATIONS

Each order received by the company will be deemed to form a separate contract to which these terms (or any that we may issue to replace them) apply and any waiver or any act of nonenforcement or variation of these terms or part thereof shall not bind or prejudice the company in relation to any other contract.

Any waiver or variation of these terms is binding in honour only unless:

  1. Made (or recorded) in writing.
  2. Signed on behalf of each party; and
  3. Expressly stating an intention to vary these terms.

Variations or changes in specification requested by the Client will be charged for terms to be agreed in advance with the Company or otherwise on terms no less advantageous to the Company than in the original contract. The Company shall be entitled at any time in its discretion and without any liability in respect thereof to refuse to agree to any requested variation. The Client agrees to meet the costs of any additional work required to accommodate a variation or change in specification.

SPECIFICATION

The Company reserves the right:

  1. To vary the specification or withdraw from offer any of its products without prior warning.
  2. To correct errors and omissions in the specifications.
  3. To make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements, and;
  4. To make without notice any minor modifications in our specifications we think necessary or desirable. Where the goods are supplied for resale, the Client is responsible for the provision of information and instructions relating to the safe use of the goods to the resale customer.

EXPORT TERMS

Where the goods are supplied by us to you by way of export from the United Kingdom this Clause applies (except to the extent that it is inconsistent with any written agreement between us).

The “Incoterms” of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
Unless otherwise agreed, the goods are supplied ex works our place of manufacture, Aberdeen Marine Surveyors Ltd., Aberdeen.

Where the goods are to be sent by us to you by a route including sea transport, we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.

You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).

CANCELLATION

You may not cancel the order unless we agree in writing.

If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.

For goods purchased on your behalf, cancellation may incur a restocking charge based on a percentage of the sale price, which shall be charged to the customer.

For goods delivered, in respect of an official purchase order, to you from our stock and then cancelled, we have the right to impose a restocking charge of 25% of the sale price, unless otherwise agreed in writing.

We may suspend or cancel the order, by written notice if:

  1. You fail to pay us any money when due (under the order or otherwise).
  2. You become insolvent.
  3. You fail to honour your obligations under these terms.

LAW

These conditions and all other express and implied terms of the contract shall be governed by the laws of Scotland.

SEVERABILITY

If any part of these terms and conditions is found to be illegal, void, or unenforceable for any reason, then such clause or section shall be severable from the remaining clauses and sections of these terms and conditions which shall remain in force.

ERRORS AND OMISSIONS

We make every effort to ensure information provided is accurate and up to date, errors and omissions excepted.

Terms & Conditions – Consultancy Services

AGREEMENT

These Conditions of Business constitute the entire agreement between the Consultant and the Client to the exclusion of all other representations, statements, conditions, terms, warranties whether express, implied, statutory, or otherwise, except any implied by law or statute which cannot by law be excluded. While the parties hereto believe (in all of the circumstances known to them at the date of entering into this agreement) that the provisions hereof are reasonable as to all of their terms; if a court shall determine that any one or more of the provisions here unenforceable for any reason, such provisions shall be deemed to be severed from the body of these conditions such that the remaining provisions shall continue to stand and be enforceable between the parties hereto.

ASSIGNMENT

Neither party shall, without the consent in writing of the other, assign or purport to assign, or make over or dispose of in any way whatsoever any of its rights or obligations contained herein or resulting here from. The Consultant shall however be entitled to sub-contract the duties to be undertaken hereunder but on the understanding that the Consultant shall remain responsible for the carrying out of such duties and shall be liable for the actions of the parties employed by it in accordance with the terms hereof.

SCOPE OF WORK

The scope of work to be performed by the Consultant will be as described in the Consultant’s Quotation and any supporting documents. The Consultant shall have the right to make any changes to the scope of work which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Consultant shall notify the Customer in any such event.

VARIATIONS

These Conditions of Business shall prevail notwithstanding any variance or conflict with the conditions sought to be imposed by any other party. Variation or changes shall only be effective if made in writing specifically for such purpose and signed by a duly authorised representative of both parties.

TAXES

Prices and rates quoted in Proposals or Quotations comprise the net amounts to be received after payment of any sales or value added taxes, withholdings, customs duties or any other taxes or duties whether similar or dissimilar to the foregoing (which taxes or duties shall be payable by the Client in addition to the Consultant’s prices and rates).

TERMS OF PAYMENT

Payment of the price or fees and expenses shall be made within 30 days from the date of invoicing. Failing such, interest at the maximum rate permissible for late payment under the Late Payment of Commercial Debts (Interest) Act 1998 will be chargeable on the outstanding balance until such time as it is paid in full.

EXPENSES AND DISBURSEMENTSM

All expenses and disbursements incurred in carrying out the work will be charged at cost plus 5%.

TERMINATION

Either party may terminate this agreement at any time by giving 30 days’ notice in writing to the other party. Either party may terminate this agreement immediately by giving written notice to the other party if the other party either:

(a) commits a material breach not capable of remedy or, if capable of remedy, fails to remedy such breach within 14 days of notice to do so: or,

(b) becomes insolvent, goes into liquidation, compounds with its creditors, or has a receiver, administrator or similar functionary appointed over the whole or any part of its assets or makes a winding-up order or suffers any similar process under the law of its domicile or place of its jurisdiction. In the event of termination, the Consultant shall be paid all fees and costs incurred up to the date of termination, together with all costs of settlement of any outstanding obligation.

FORCE MAJEURE

Any delay or failure in the performance by a party hereto of any obligation hereunder necessarily arising from an event not reasonably foreseeable by and beyond the control of the said party shall be deemed not to be a breach of Agreement. If the delay or failure shall continue for a period of 30 days either party shall be entitled to terminate this agreement by giving seven days written notice to the other party. The Consultant shall continue to be entitled to all fees and costs incurred up to the date of termination.

INDEMNITY

(a) The Consultant hereby accepts liability for and indemnifies the Client Group against any and all claims, losses, damages, costs or liabilities of any sort in respect of or arising out of:

(i) death, sickness or injury to any employee, officer or agent of the Consultant.
(ii) fraud or fraudulent misrepresentation; OR
(iii) damage to or loss of any property or equipment owned by any member of the Consultant, regardless of cause including the sole or contributory negligence of any member of the Client Group or by any of their respective servants, officers, or agents.

(b) The Client Group hereby accepts liability for and indemnifies the Consultant against any and all claims, losses, damages, costs or liabilities of any sort in respect of or arising out of:

(i) death, sickness or injury to any employee, officer or agent of any member of the Client Group.
(ii) fraud or fraudulent misrepresentation; OR
(iii) damage to or loss of any property or equipment owned by, leased or belonging to any third parties or member of the Client Group and used by any member of the Consultant or Client Group, regardless of cause including the sole or contributory negligence of any one or more of any member of the Consultant or any of their respective servants, agents or employees.

(c) By reason of the disproportionate nature of the potential losses when measured against the fees payable by the Client to the Consultant, it is hereby agreed that (subject to sub-clause (a) above or (g) below for which no limit applies) the maximum aggregate liability of the Consultant to the Client Group under or in connection with the project to be undertaken by the Consultant for the Client Group, whether such liability arises in contract, delict (including negligence) or otherwise and including (without limitation) any type of liability arising from any type of claim specified in sub-clause (d) below, shall be limited to the lesser of:

(i) the value of the fees payable to the Consultant under such project; or
(ii) £250,000 (two hundred and fifty thousand pounds sterling).

(d) The Client shall indemnify the Consultant against any and all claims, losses, damages, liabilities, costs or expenses arising from any claim by a third party against the Consultant under or in connection with the project to be undertaken by the Consultant for the Client including (without limitation) any claim arising in relation to the negligence of the Consultant or arising out of any of:

(i) loss of or damage to any vessel, installation, pipeline, equipment, or property not dealt with under (a) or (b) above; or
(ii) pollution on the sea, seashore or seabed and the costs of cleaning up and removing the same, together with any associated fines or penalties.

(e) Neither party shall be liable to the other in contract, delict (including negligence) or otherwise for loss of profit, loss of use, loss of business, loss of goodwill or loss of data or for consequential or indirect loss.

(f) Advice and information, in whatever form it may be given, is provided by the Consultant for the Client only and the Client shall indemnify and defend the Consultant against any liability, claims, loss, damage, costs or expenses arising as a result of any other person relying upon such advice or information. Advice and information which is not required by this Agreement is provided gratuitously and will not subject the Consultant to any liability, whether based on contract, warranty, delict (including negligence) or other grounds.

(g) Neither party excludes liability which cannot be excluded by law.

(h) Any claims against the Consultant by the Client shall be deemed to be irrevocably waived and absolutely time barred upon the expiry of one year from the submission date of the Consultant’s report or invoice, whichever is the earlier, to the Client in relation to the project undertaken hereunder.

INSURANCE

The Client hereby undertakes to name the Consultant as co-assured in any policy of property damage or liability insurance relevant to the Consultant’s scope of work, to procure that its insurers waive all rights of subrogation against the Consultant and agree that such insurance shall be deemed primary and first to react ahead of any equivalent insurance covering the same risks maintained by the Consultant.

ADDITIONAL SPECIAL CONDITIONS FOR CONDITION SURVEYS AND/OR VALUATIONS

When a valuation is to be provided as part of the Consultant’s services, the Consultant shall use its best endeavours to provide a valuation which represents, in its opinion, the current market valuation, as defined in the reporting document, of the item to be valued or such other valuation as may be identified in the valuation report but no warranty as to the accuracy of such valuation is given. In particular, but without limitation, the Consultant gives no opinion or warranty as to the satisfactory operation of any equipment and/or machinery on the item to be surveyed and/or valued, or to the verification of inventory.

WAIVERS

In the event that the Consultant shall at any time expressly or by implication waive any of its rights contained herein, such waiver shall not be deemed to prejudice in any way the enforcement of such right on a subsequent occasion.

INTELLECTUAL PROPERTY

All Intellectual Property rights rising out of or in connection with the Consultant’s work within the scope of work undertaken with the client shall be owned by the Consultant, unless agreed otherwise. The client acknowledges that, in respect of any third-party Intellectual Property rights, the Client’s use of such Intellectual Property Rights is conditional on the Consultant obtaining a written license from the relevant licensor in such terms which allow the Consultant to license such rights to the Client.

CONFIDENTIALITY

The Consultant and the Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes of a confidential nature and have been disclosed by the Consultant to the Client, or vice versa, including its employees, agents, or subcontractors, and any other confidential information concerning the other party’s business or its products of its services which the Client or the Consultant, whichever the case may be, may obtain. The Consultant shall restrict disclosure of such confidential information to such of its employees, agents and subcontractors as need to know it for the purpose of discharging the Consultant’s obligations under the Agreement, and shall ensure that such employees, agents, or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Consultant under the Agreement. This Clause 15 shall survive termination of the Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed and interpreted in accordance with Scottish law. All claims and disputes hereunder shall exclusively be determined under the Rules of London Maritime Arbitrators Association (“LMAA”) by a sole arbitrator in Scotland (who shall be a member of the LMAA). The appointment of the arbitrator and the conduct of the arbitration shall be governed by the provisions of the Arbitration (Scotland) Act 2010 or any statutory modification in force from time to time.

DEFINITIONS

“Client” means the entity named in the accompanying Quotation, Bid or Proposal document.

“Client Group” means the Client and any subsidiary, affiliate and holding company of the Client and any subsidiary of such holding company (as such terms are defined in the Companies Act 2006 (as amended)), and any co-venturer or partner of the Client for all of whom the Client is acting as agent and trustee. “Consultant” means Aberdeen Marine Surveyors Ltd. (trading as AMS Global Group), Paragon House, 59 Palmerston Road, Aberdeen, AB11 5QJ, and their respective subcontractors and the directors, officers, employees, and agents of each of the foregoing, for all of whom the Consultant is acting as agent and trustee.

“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.