Page 10 - International & indian approval & classification

TERMS AND CONDITIONS
TIle issuance and interpretation of this liabilihes (including. without limitation, demands of whatever natuxe are cODlmenced
Certificate of Service Recognition (hereinafter reasonable attorneys' fees and costs), within one year of the date of such notice to
referred to as "certificate") is subject to the regardless of the form of action, arising out of ABS.
£ollowi..n,g terms c,nd conditions. or in connection with a claim that the
7. LI M ITATI ON OF LIABILITY
service(s) offered bv Company for which
1. REPRESENTATIONS AS TO SERVICE
Company has sought recognihon from ABS,
RECOGNITION TIle combined liabilitv of American Bureau of
infringes, violates, or misappropriates a valid Shipping, its officers, employees, agents or
The Certificate is a representation only that third party patent, copyright, or other sulxonlTactors for any loss, claim, or damage
the specified Company has been audited by proprietary right, provided Ulat Company is arising from negligent performance or non­
ABS and has given a satisfactory practical promptly n otified in writing of such claim, performance of any services under this
demonsb'ation of the listed services which and ABS has not reached any compromise or Agreement, or frolll breach of any lnlphed or
ABS Surveyors may rely on to make decisions settlement in such action or made anv express warranty of workmanlike
affecting classification or statutory surveys performance in connection with the services,
admissions in respect of the same.
and is issued solely for the use of ABS and its or from any other reason, to any person,
committees. TIle validity, applicability and corporation, partnership, business entity,
5. ARBITRATION
interpretation of this certificate dIe governed sovereign, country or nation, shall be limited
by the Rules, Guides, or standards of ABS Any and all differences and disputes of to the greater of a) $100,000 or b) an amount
who shall renlain the sole judge thereof. whatsoever nature arising out of or relating to equal to ten times the Sunl actually paid for
Uns certificate shall be put to arbitration in the the services alleged to be deficient_ The
2. RESPONSIBILITY AND LIABILITY
City of New York pursuant to U,e laws limitation of liability may be increased up to
relating to arbitration there in force, before a an amount twenty- five times that sum paid
The Company is not a subcontractor of ABS for services upon receipt of COlllpany's
board of tIuee pel'sons, consisting of one
and is not an agent of ABS for any purpose. written request at or before the time of
arbitrator to be appointed by ABS, one by
The COlllpany renlains solely responsible for performance of service and upon payment by
Company, and one by the two so chosen. The
its equipment, the qualifications and
decision of any two of the three on any point Company of an addihonal fee of $10 for every
competency of its persolUlel, the supervision
or points shall be final. Until such time as the $1,000.00 increase in the limitation.
of its personnel, and the safety of its persolmel
arbitrators finally dose the hearings either
while performing its services. Nothing 8. ETHICS AND COMPLIANCE
party shall have the right by written notice
contained in this certificate or any letter or served on the arbitrators and on an officer of
report issued in contemplation of this Falsificahon of this certificate, including any
the other party to specify further disputes or
certificate shall be deemed to relieve alterations bv an entity other than ABS, rnav
difference under tins Agreeulent for hearing
CompdIlY or iilly designer, builder, owner, result in acti~ns again~t the culpable entity 'up
and determination. The arbitration is to be
manufacturer, seller, supplier, repairer, to and including legal proceedings for Ule
conducted in accordance with the rules of the
operator or other entity of any warranty Society of Marihme Arbitrators, Inc. The misrepresentation of this document. Measures
express or implied nor to create any interest, arbitrators may grant any relief. other than may include but are not limited to the
right, claim or benefit in any third party. It is punihve damages which Uley, or a majority of immediate and indefinite suspension of the
wlderstood and agreed that nothing certificate in question, delisting of tile entity
expressed herein is intended or shall be them, deem just and equitable and within the from ABS online certificahon database, and
scope of Ule agreement of Ule parhes,
construed to give any person, firm or immediate restriction of use of the authorized
induding, but not limited to, specific
corporation, other than the pa.rties hereto, any ABS service logos. Upon investigation by
performance. Awards made in pursuance to
right, remedy or claim hereunder; all ABS, ABS reserves the right to permanenUv
this clause may include costs including a
provisiuns hereuf dre for the sale .md disqualiiJ' the lIllplicated entity or lis .
rpasonable allowance [or dLlorney's [t:~s and
exclusive benefit of the parties hereto. Principols from holding any service
judp;ment may be entered upon any award
certificdtiull,s frunt ABS.
lllilrl!" h!"Tf'l1T1rlf'T in (lny court having
3. LIMITATION
Jurisdichon. ABS and Company l1lis certificate is intended only for the use of
ADS makes no represenlatiulLs ueyullu ll,use hereby mutually waive any and all clailll5 to the i.ndividual or entity to which it is
contained herein regarding its reports, letters, punitive damages in any forum. Company addressed, and may contain iniornlation that
audit~, certificatcs or othcr services. shall be required to notify ABS within thirty is privileged, confidentIal and exempt from
(30) days of the commencement of any disclosure under applicable law. If the reader
4. HOLD HARMLESS arbitrahon between it and third parties which
is not the intended reCipient, you are hereby
may concern ABS' work in connection with notified that any dissemination, distribution
The party to whom this certificate is issued, this certificate and shall afford ABS an
and his assignee and successor in interest, or copyi.ng of this communication is strictly
opportunity, at ABS' sole ophon, to
agree to indenmify and hold harmless ABS participate in the arbitration, prohibited.
from and against any and all claims,
demands, lawsuits, or actions for damages, 6. TIME BAR TO LEGAL ACTION
including legal fees, to persons and property,
tangible, intangible, or otherwise which may Any statutes of limitahon notwiUlstanding.
be brought against ABS incidental to, arising Company expressly agrees for itself and its
out of or in connection with the work done, affiliated companies that its right to bring or
services performed or material to be furnished to assert against ABS any and all claims,
under this certificate, except for those claims deulands or proceedings whether in
caused solely and completely by the arbitration or otherwise shall be waived
negligence of ABS, its agents, elllplovees, unless (a) nohce is received by ABS within
officers, directors or subcontractors. Unrty (30) days after Company or its affiliates
had notice of or should reasonably have been
Company shall defend, indemnify. and hold expected to have had notice of the basis for
harmless ABS and its affiliates from and such claims; and (b) arbitration or legal
against any and all third party clamlS and proceedings, if any, based on such claims or
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