Terms & Conditions
All services (“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) Subject to (ii) below, the total liability of the Company, its officers, employees, agents and sub-contractors for any loss or damage arising from any negligent or inadequate performance or failure to perform the Services shall not exceed an amount equal to twice the fee payable for such Services.
ii) The Company, its officers, employees, agents and sub-contractors shall not be liable for any failure to perform or delay in performing the Services where such failure or delay is wholly due to force majeure including but not limited to government action, civil commotion, industrial dispute, storm, typhoon, flood, war or threat of war.
iii) If any third party makes a claim against the Company, its officers, employees, agents or sub-contractors in respect of the performance or non-performance of the Services, the Client shall indemnify and hold harmless the Company where such claim exceeds the maximum liability accepted by the Company under paragraph (i) above.
iv) Any limitation of liability contained herein shall not apply to any claim or part of a claim for personal injury or death.
v) These conditions may only be altered, waived or overridden by the directors of the Company with proper resolution of the board.
vi) These conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and any dispute shall be determined by the courts of Hong Kong.
The Company reserves the right to modify these terms and conditions at any time without prior notice. In case of dispute the Company’s decision shall be final.
