CDLive Application Form

TERMS AND CONDITIONS APPROVED FOR CONTRACTS/REQUEST FORMS (ANNEX B)

1. This Contract is between the Client and the Lloyd's Register Group operating entity which maintains offices in the country in which the Client's representative (hereinafter referred to as the Applicant) is based at the time that the Applicant enters into this Contract. There are four Lloyd's Register Group operating entities, namely; Lloyd's Register Asia, Lloyd's Register EMEA, Lloyd's Register Central and South America Ltd. and Lloyd's Register North America, Inc.. Classification and survey information displayed on this website is derived from surveys conducted and reported by one of these four Lloyd's Register Group operating entities listed above. The contracting Lloyd's Register Group operating entity is hereinafter referred to as LR. 2. In these contractual terms and conditions: (i) "Services" means any and all services provided to the Client by LR, or any entity that is part of the Lloyd's Register Group, as hereinafter defined, including any classification of the Client's vessel, equipment or machinery; (ii) the "Contract" means this agreement for supply of the Services, which sets forth the entire agreement and understanding of the parties; and (iii) the Lloyd's Register Group (hereinafter referred to as the "LR Group") means LR, its affiliates and subsidiaries, and the officers, directors, employees, representatives and agents of any of them, individually or collectively, and (iv) the "Client" means the company or other entity that the Applicant or the Applicant's company represents. The following terms and conditions apply to all Services provided by LR. 3. The Client will pay all invoices for the Services within 30 days of the invoice date. The LR Group reserves the right to charge interest at an annual rate of 2% above the greater of the London Interbank Offered Base Rate (LIBOR) or the equivalent in the country where the Client maintains its principal office on any amount remaining unpaid beyond 30 days, and may withhold any or all Services until the arrears, including interest, are paid. 4. The LR Group reserves the right to charge for any work that is additional to that originally quoted. 5. LR will keep confidential and not use or disclose to any third party any technical information or operating data (other than ship plans available on this website) derived from the Client in connection with the Services except as may be required by law or as may be requested by the Client. This obligation will survive termination of the Contract. This obligation will not apply to any technical information or operating data that was in the LR's possession before its disclosure to LR in connection with the Services, that is or becomes part of the public domain through no fault of the LR Group or that otherwise becomes available to the LR Group from an independent source not under a confidentiality obligation. 6. This Contract continues in force until terminated by LR or the Client, after giving the other party 30 days' written notice. 7. If this Contract is terminated before the Services under the Contract are completed, fees will be calculated on a pro rata basis up to the date of termination. Any reasonable costs directly attributed to early termination and any amounts then due to will become payable immediately. 8. The Services do not assess compliance with any standard other than the applicable rules and codes, international conventions, or any other standards that are expressly agreed in writing with the Client. Without limiting the generality of the foregoing, the issuance of a class certificate does not in itself constitute a guarantee that the vessel is seaworthy and does not relieve the owner or operator of the vessel of its non-delegable duty to maintain the vessel in a seaworthy condition. 9. In providing Services, information, or advice, the LR Group does not warrant the accuracy of any information or advice supplied. Except as set out in these terms and conditions, LR will not be liable for any loss, damage, or expense sustained by any person and caused by any act, omission, error, negligence, or strict liability of any of the LR Group or caused by any inaccuracy in any information or advice given in any way by or on behalf of the LR Group even if held to amount to a breach of warranty. Nevertheless, if the Client uses the Services or relies on any information or advice given by or on behalf of the LR Group and as a result suffers loss, damage, or expense that is proved to have been caused by any negligent act, omission, or error of the LR Group or any negligent inaccuracy in information or advice given by or on behalf of the LR Group, then LR will pay compensation to the Client for its proven loss up to but not exceeding the amount of the fee (if any) charged by LR for that particular service, information, or advice. 10. Notwithstanding the previous clause, the LR Group will not be liable for any loss of profit, loss of contract, loss of use, or any indirect or consequential loss, damage, or expense sustained by any person caused by any act, omission, or error or caused by any inaccuracy in any information or advice given in any way by or on behalf of the LR Group. 11. No LR Group entity will be liable or responsible in negligence or otherwise to any person not a party this Contract pursuant to which any certificate, statement, data, or report is issued by an LR Group entity for (i) any information or advice expressly or impliedly given by an LR Group entity, (ii) any omission or inaccuracy in any information or advice given, or (iii) any act or omission that caused or contributed to the issuance of any certificate, statement, data, or report containing the information or advice. Nothing in these terms and conditions creates rights in favour of any person who is not a party to this Contract with LR. 12. No omission or failure to carry out or observe any stipulation, condition or obligation to be performed by LR under the Contract will give rise to any claim against LR , or be deemed to be a breach of contract, if the failure or omission arises from causes beyond LR's reasonable control. 13. Any dispute, claim, or litigation between LR and the Client arising from or in connection with the Services provided by LR shall be subject to the exclusive jurisdiction of the English courts and will be governed by English law. 14. No addition, alteration or substitution of these terms and conditions will bind LR, or form part of this Contract, unless it is expressly accepted in writing by an authorized LR representative who expressly states in writing that LR is agreeing to alter these terms and conditions. In the event of any conflict between these terms and conditions and any document purporting to impose different terms, these terms and conditions will prevail. 15. Any classed vessel, machinery or equipment must be operated only in a manner consistent with the proposed design criteria and any limits agreed at the time of classification. If any vessel or equipment operates outside these limits, such facts must be reported to LR without delay. 16. Any damage, defect, breakdown, or grounding that could invalidate the conditions for which a class has been assigned, must be reported to LR without delay. 17. All repairs to hull, equipment and machinery that may be required for a ship to retain class are to be carried out to the satisfaction of the LR Group's surveyors. When repairs are effected at a port, terminal, or location where the services of an LR surveyor are not available, the repairs are to be surveyed by one of the LR Group's surveyors at the earliest opportunity thereafter. 18. Plans and particulars of any proposed alterations to the approved scantlings and arrangements of hull, equipment, or machinery are to be submitted for approval, and the alterations are to be carried out to the satisfaction of the LR Group's surveyors. 19. It is the responsibility of the Client to ensure that all surveys necessary for the maintenance of class are carried out at the proper time and in accordance with the LR Group's instructions. 20. LR may give timely notice to the Client about forthcoming surveys. The omission of notice, however, does not absolve the Client from responsibility to comply with requirements for maintenance of class. 21. When the Regulations with regard to surveys on the hull, equipment, or machinery have not been complied with and the ship is thereby not entitled to retain class, class may be suspended or withdrawn. 22. When reported defects in the hull, equipment, or machinery are found and the Client fails to repair these defects in accordance with LR's requirements, class may be suspended or withdrawn. 23. Class may be withheld or if already granted, may be suspended or withdrawn (or any certificate or report may be withheld in any other case) if a Client fails to comply with the conditions set forth in Paragraphs 15 through 22 or in the event of non-payment of any fee.