All services (the 'Services') are undertaken and performed by HENCH PUBLIC MARINE & CARGO SURVEY(HK) LTD. ('The Company') for the client ('the client') subject to the following conditions.
i) That subjects to(ii) below, the total liability of the Company, its officers, employees, agents and sub-contractors for any loss, or damage caused by or arising from any inadequate, or negligent performance or failure to perform, such services shall not exceed a sum equal to two times of the fee payable hereunder for such services.
ii) The Company, its officers, employees, agents and the sub-contractors accept no liability of any kind where any failure to perform such services adequately or at all results from force majeure including but not limited to government action, civil commotion, industrial disputes, storm, typhoon, flood fire, war or the threat of war.
iii) In the event that a claim is made against the Company, its officers, employees, agents and the sub-contractors by a third party in respect of the performance of or failure to perform the services, the Customer shall indemnify and hold harmless the Company to the extent that any such claim shall exceed the maximum liability accepted by the Company in paragraph (i) hereof.
iv) Any limitations of liability of the Company contained in these conditions shall not apply to any claim or part of a claim whatsoever which is made in respect of personal injury or death.
v) These conditions may only be altered, waived or overridden by a director of the Company in accordance with an appropriate resolution of the Board of Directors of the Company.
vi) These conditions shall be governed by and construed in accordance with the laws of Hong Kong SAR and any disputes arising in relation hereto and or in connection herewith shall be determined by the Courts of Hong Kong SAR.
The Company reserves the right to amend the terms and conditions at any time without prior notice, if any dispute, the Company reserves the final decision.