General

  1. These Terms of Business shall apply to all contracts, agreements, or arrangements for the supply of services by BLW Marine Management Pty Ltd (BLW, we, us) and shall prevail over any other documentation or communication.
  2. Any variation to these Terms of Business shall be inapplicable unless agreed in writing by BLW.
  3. In the event of any inconsistency between these Terms of Business and any specific terms of a separate written contract, then the specific terms of that contract will prevail.

Scope of Services

  1. Our services include design of marine facilities and operations, surveys, inspections, appraisals, providing related advice and reports for vessels and maritime equipment, marine management and general consultancy as agreed upon between the Client and BLW.
  2. Our services may produce concept design work, which involves providing preliminary designs, sketches, and concepts for vessels or maritime equipment. It is important to note that these interim concept designs are not complete technical plans or specifications. The Client understands and acknowledges that additional completed technical plans or specifications may be required to fully realise the design, and it is their responsibility to engage appropriate professionals for the development of such plans.

Client Obligations

  1. Client means any person who engages, utilises, requests, or otherwise uses services of BLW.
  2. The Client warrants to BLW that the Client is the owner, or the authorised agent of the owner, of any vessel, goods, or property that is the subject matter of services provided by BLW.
  3. The Client shall provide accurate and complete information about an assignment, or a vessel or equipment to be surveyed, including any relevant documents, certificates, manuals, or specifications.
  4. The Client shall ensure that any vessel or equipment is made available for inspection at the agreed time and location.
  5. If concept design work is requested, the Client shall understand that such designs are for conceptual purposes only and should not be relied upon for the construction or implementation of a vessel or equipment without further detailed technical plans.
  6. The Client authorises BLW to sub-contract all or any part of its rights and/or obligations, including using the services of others where necessary in the opinion of BLW to ensure compliance with legal or professional standards.

Limitation of Liability

  1. Our aggregate liability to the Client in any engagement is strictly limited to the billed value of the work undertaken for that Client, regardless of how such liability may arise.
  2. We are not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with our services.
  3. The Client acknowledges and agrees that any reliance on concept design work is at their own risk, and we are not liable for any issues, errors, or omissions in these preliminary designs.
  4. We are not liable for any damages or losses resulting from the Client’s reliance on concept design work when additional completed technical plans are required.

Indemnification

  1. The Client agrees to indemnify and hold us and our surveyors harmless from any claims, damages, liabilities, costs, or expenses arising out of or in connection with our services, including but not limited to claims made by third parties, and any reliance on concept design work.

Confidentiality

  1. Both parties agree to keep any confidential information disclosed during the course of our services confidential and shall not disclose it to any third party without the prior written consent of the party that owns the confidential information, except as required by law.

Pricing and Payment

  1. Unless agreed otherwise in writing:
    • all pricing is quoted exclusive of GST; and
    • all monies payable to BLW must be paid in full within 14 days of the date of an invoice.

Governing Law and Jurisdiction

  1. These terms and conditions shall be governed by and construed in accordance with the laws of Queensland, Australia.

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