Tjenestevilkår
Vilkårene for hvordan tilbud gis og besøk om bord gjennomføres.
Utkast — ikke juridisk rådgivning. Denne siden er utarbeidet som utkast til gjennomgang og er ikke godkjent av juridisk rådgiver. Den må gjennomgås før dette nettstedet åpnes for søkemotorer.
Virkeområde
Disse vilkårene gjelder bruk av dette nettstedet og tilbud som gis gjennom det. Selve arbeidet utføres i henhold til kontrakten eller innkjøpsordren som er avtalt for det aktuelle besøket om bord, og denne går foran alt som står på dette nettstedet.
Tilbud
Et pristilbud er et tilbud om å utføre et angitt omfang i en angitt havn innenfor et angitt tidsvindu. Det er ingen garanti for at et sertifikat blir utstedt: det avhenger av tilstanden til utstyret som finnes om bord.
Besøk om bord
Besøk om bord planlegges ut fra fartøyets oppgitte ETA og ETD. Dersom havneoppholdet kortes inn, eller utstyret ikke er tilgjengelig, kan omfanget som lar seg gjennomføre endre seg, og det vil da bli bekreftet skriftlig.
Safe access and permits to work
Our technicians board working vessels, and safe access is the responsibility of the owner, operator and master, not of the attending technician. That means a properly rigged gangway or accommodation ladder with a net and a watch, adequate lighting, and a safe route to the space where the work is done. Work is carried out under the vessel's own safety management system and permit-to-work system, established under the ISM Code, and those procedures prevail over ours: entry into an enclosed space is not made until the space has been ventilated, tested and certified safe by the vessel's responsible officer and an entry permit has been issued with a standby attendant, consistent with the vessel's SMS and IMO Resolution A.1050(27). Isolation before work — electrical supply, pressure, hydraulics, or a fire-fighting or fixed extinguishing system taken out of service — is carried out and confirmed by the vessel, and hot work, working aloft and work over the side each require the vessel's permit and the precautions that permit specifies. Our technicians will stop work and leave the space or the vessel where a permit is not in place, where a condition is unsafe, or where an instruction conflicts with the vessel's own procedures; the reason is recorded and reported to the master and to the party that ordered the work.
Our own duties on board
The clause above states the vessel’s duties; this one states ours, and nothing in these terms transfers a duty we owe to our own people. Our technicians attend with the personal protective equipment the quoted work requires, assess the risk of the task and hold a toolbox talk before entering a space, and work to the vessel’s instructions, its safety management system and its permit-to-work system. They comply with the ship security plan and the ISPS Code requirements in force at the terminal and on board. Where a vessel or a terminal requires a declaration that a person boarding is free of drugs and alcohol, it is given and it is true. The training an attending technician holds is matched to the scope and to the terminal before the attendance is assigned: enclosed-space entry and gas measurement for any work inside a space, working at height and fall arrest for work aloft or over the side, and the induction the terminal itself requires of a person boarding there. The records are held by our documentation staff, are checked against the assignment when the job is planned, and are supplied to you on request before the attendance; a technician whose record does not cover the scope is not sent to it.
Delay, standby and wasted attendance
Ports congest and ETAs move. A changed berth, a shifted arrival, a cargo operation that takes precedence or an early sailing can leave a team waiting, or send them away without boarding. Tell us as early as you can: a change notified before the team mobilises costs nothing. Once a team has mobilised, the first two hours from the time agreed for boarding are not charged; waiting beyond that is charged at the standby rate on the quotation, in half-hour steps, and the attending technician records the time waited and the reason. An attendance that cannot be performed because the vessel sailed, access was refused, the equipment was not available or the space was not made safe is a wasted attendance: it is charged at the mobilisation, travel and launch actually incurred, evidenced against the provider’s own documents, together with the standby rate for the hours the team was held, and nothing is charged for the work that was not carried out. Where the delay is ours, no standby or wasted-attendance charge is made and the attendance is rescheduled at our cost.
Changes to the scope
Where the equipment found on board differs from what was declared — more units, a different make, an item requiring overhaul where an operational test was quoted, or a part not held on board — the additional work is priced and is not carried out until you agree it in writing; an email from the superintendent, the owner or the agent is sufficient. Where a scope cannot be completed, what was carried out is reported and invoiced, and what was not carried out is stated in the report with the reason. Nothing is added to an invoice that was not agreed before it was done.
Parts and consumables
We supply parts and consumables for the equipment we service. Where the vessel’s flag brings an item within a marine-equipment regime — Directive 2014/90/EU for ships flying the flag of an EU Member State, the corresponding United Kingdom regime for UK-flag ships, or the equivalent rule of the flag concerned — it is supplied with the conformity documentation that regime requires, including the notified body number where one applies. The instrument that applies to your supply is named on the quotation, and the conformity documentation issued under it travels with the goods rather than following afterwards. The wheel mark or equivalent mark it carries is the manufacturer’s, not ours. Where an item falls outside any such regime it is supplied to the specification stated on the order. Title in a part passes on payment in full. Risk passes on delivery at the place named on the order — the vessel, the terminal gate, the agent’s premises or the forwarder’s warehouse — which is DAP at that place under Incoterms 2020 unless the order states another term. Supplying a part is not certification of the installation it goes into: fitting, testing and any statutory examination of the equipment afterwards is a separate scope, quoted, attended and reported separately. Orders and enquiries: spares@shipcertify.com.
Reports and certificates
A report states the vessel, the port and the date, the equipment identified by make, model and serial number where it is marked, what was examined, tested, serviced or overhauled, the instrument the work was carried out against, the result for each item, and who carried it out. Where the scope ends in a certificate or in a service form prescribed by the manufacturer or by the instrument, that document is issued in addition to the report. A report is issued within five working days of the attendance. Where the vessel sails before then, or a certificate expires before then, the report and any certificate for the completed scope are issued within 24 hours of the team leaving the vessel — tell us at the time of the order that the date is tight, so the documentation staff have it in hand before the team boards. The report is yours: you may use it for your own statutory, class, flag, charterer, underwriter, port State control and commercial purposes without asking us. We keep a copy in our own records for ten years from the date of the attendance, which covers two full five-year survey cycles, and we do not publish a client’s report, vessel name or company name, or cite them as a reference, without written agreement. Where you need documentation of the basis on which a report or certificate is issued, ask for it with the enquiry and it is supplied in writing with the quotation; copies and reissues come from docs@shipcertify.com.
When an item fails
An item that fails is recorded as failed, with the reason and the requirement it fails against, and it is reported to the master and to the party that ordered the work on completion of the attendance. We do not conceal, soften or omit a finding in order to preserve a certificate. Where a regulation requires a deficiency to be reported to the flag Administration, the classification society or the port State, that report is the owner's or operator's to make; we supply the evidence for it and answer questions on it. A failed item can be re-examined once it has been repaired or overhauled, and that re-examination is a further attendance, quoted separately.
Impartiality
We both supply parts and examine the equipment they go into, and that conflict is managed rather than denied. Whether an item passes is decided by the competent person carrying out the examination, on the condition of the item against the instrument, and it is never conditional on a parts order, a repair order or any commercial relationship. The controls that hold that line, and how to raise a concern that they have not been followed, are set out in the impartiality statement on this site.
Partner attendance at ports without a base
We work from six service bases — İstanbul, İzmir, İskenderun, Varna, Constanța and London — and reach the rest of our published coverage by mobilising from them. At ports where we have no base and mobilisation is not practical, the attendance may be performed by a partner in our network. Where it is, we remain responsible to you for the scope contracted, the work is reported in the ordinary way, and the partner is selected against the same competence, conduct and confidentiality requirements we apply to our own technicians and is bound by the confidentiality clause below. If you need the attending party named before the attendance, ask and we will name it. A partner is approved before it is first instructed and reviewed at least once a year against stated criteria: the competence and training records of the technicians who will attend, the calibration status and traceability of the test equipment they will use, written acceptance of our anti-bribery, sanctions, confidentiality and stop-work requirements, and the firm’s complaint record with us. A partner may not subcontract an attendance further without telling us, and a firm that fails one of those criteria is not instructed again until it is put right.
Confidentiality
Vessel particulars, equipment condition, findings, drawings, photographs and the commercial terms of a quotation are treated as confidential. They are disclosed only to the personnel performing or supporting the work, and where the law or a regulatory, flag or class authority acting within its powers requires disclosure — in which case we tell you, unless we are prohibited from doing so. Nothing here restricts what you do with your own report. A confidentiality or non-disclosure agreement in the agreed contract prevails over this clause.
Prices, taxes and payment
Prices are quoted in the currency stated on the quotation, and the invoice is issued in that same currency; if you need a different one, ask before you accept the quotation, because we do not convert or reprice after the work is done. Prices are exclusive of taxes and duties, which are added where the law applying to the invoicing entity requires it. The operating entity in Türkiye is Ekinek Tarım Gıda ve Denizcilik Ltd Şti, registered at the Karşıyaka tax office under tax number 329 120 5309; the entity that contracts and invoices for a given attendance is named on the quotation and on the invoice before you accept it. Payment is due within 30 days of the date of invoice unless the contract or purchase order agrees otherwise in writing, and interest on an overdue amount is charged at the statutory rate applying to the invoicing entity, after we have written to you about the amount. Dispute an invoice within 14 days of receiving it, giving the vessel, the port, the date and the job reference: the disputed line is held while it is looked at and the rest remains due. Payment is made only to the account printed on our invoice. We do not act on a request to route a payment to a third party, to a different account or to a different jurisdiction, whoever it appears to come from; if you receive one, telephone the operations desk on +90 532 657 48 78 before you pay. Invoices, remittance advice and account queries go to accounts@shipcertify.com.
Ansvar
Ingenting her fraskriver ansvar som ikke lovlig kan fraskrives. Kommersielle ansvarsbegrensninger følger av den avtalte kontrakten for det enkelte besøket om bord. De øvrige vilkårene er ennå ikke avklart og skal fastsettes av juridisk rådgiver.
Events beyond reasonable control
Neither party is in breach where performance is prevented by an event beyond its reasonable control: port closure, quarantine or a health restriction, weather that prevents safe boarding or safe work on deck, closure of a strait, strike or industrial action, war or civil unrest, failure of the port’s own services, or a sanctions measure imposed after the order was accepted. The party affected tells the other as soon as it can and the attendance is rescheduled where the vessel’s programme still allows it. Work already performed remains payable, as do disbursements already committed when the event prevented performance — a launch ordered, travel and accommodation booked, a part released to a forwarder — invoiced at cost against the provider’s own document. Nothing is charged for the attendance that did not take place, and where a committed disbursement can still be recovered or used on another job we do that instead of invoicing it.
Sanksjoner og eksportkontroll
Alle oppdrag er underlagt sanksjonskontroll og gjeldende eksportkontrollregelverk. Vi påtar oss ikke arbeid som ville bryte tiltak fastsatt av EU, Storbritannia, USA eller FN, og enkelte havner faller utenfor dekningsområdet vårt av den grunn.
Complaints and disputed findings
A complaint about an attendance, a report, a part or the conduct of our personnel goes to compliance@shipcertify.com; an invoice query alone goes to accounts@shipcertify.com. It is acknowledged within one working day of receipt, and within four hours where the vessel is still alongside, and answered substantively within 20 working days; where the answer will take longer than that, we tell you why and update you every 10 working days until the matter is closed. A disputed technical finding is re-examined by a technician who is competent for the scope, who took no part in the original attendance and who does not report to the person who took the decision, and the finding stands until that review is complete. The full procedure, including what to send and how the outcome is recorded, is set out in the complaints procedure on this site.
Lovvalg
Lovvalg og verneting er ennå ikke avklart og vil bli oppgitt her ved godkjenning.
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