Page 7 - International & indian approval & classification

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TERMS AND CONDITIONS
The issuance and interpretation of this liabilities (including, without limitation, demands of whatever narrll'e dre cOlnmenced
Certificate of Service Recognition (hereinafter reasonable attorneys' fees and costs), within one year of the date of such notice to
referred to as "certilicate") _is subject to the regardless of the form of action, arising out of ABS.
following terms and conditions. or in connection with a claim that the
1. LIMITATION OP LIABILITY
service(s) offered by Company lor which
1. REPRESENTATIONS AS TO SERVICE
CUlHpWly hl1:J :Juughl rccugniuul\ frum ABS,
RECOGNITION l'he combmed llablhty ot Amencan Bureau of
infringes, violiltc5, or misappropriiltcs i.l valid Shipping, its officers, employees, agents or
TIle Certificate is d representation only that third party patent, copyright, or other subcontractors for any loss, claim, or damage
the specified Company has been audited by proprietary light, provided that Company is arising hom negligent performance or non­
ABS and has given a satisfactory practical promptly notified in writing of such claim, performance of any services under this
demon.tration of the li.6t8d 1!9 IVices -v..rhich dlLJ ADSltct-" lLullt::dLlteu dlty LUlilpt'lHIW,!::I ur !\gt'ee.nlent, or frOUl bl'e:nch of uny inlptieJ LJl
ASS SllTVp.ynrs mily rply on to mClke decisions selllt:'Ilu:~nl llt -"ucIt dCtiUU ur millie cmy express wdrranty of WOrknlill1W(C
affecting- classification Of .'1t(lh l tOfY s11rvpy..;; performa.nce in connection with the ccrvicc!;,
...ulrnissiuIlS in respect Of the Sdm~.
and is issued solely for the use of ABS and its or from any other reason, to any person.
collunittees. The validity, applicability and S. ARBITRATION corporation, partnership, business entity,
intprrrp~;-ltinn of this cprtifirilte (Ire governed ~ovcrcign, cOlilltry or nation, ShLlll be limited
bv the Rules, Guides, or standards of ABS Any and all differences and disputes of to the greater of a) $100,000 or b) an amOWlt
who shall remain the sole judge thereof. whatsoever nature arising out of or relating to equal to ten times the sum actually pdid for
this certificate shall be put to arbitration in the the services alleged to be deficient. The
2. RESPONSIBIUTY AND UABIUTY Citv of New York pursuant to the laws limitation of liability may be increased up to
relating to arbitration there in force, before a an amount twenty- five times that sunl paid
The Company is not a subcontractor of ABS for services upon receipt of Company's
and is not an agent of ABS for any purpose. board of three persons, consisting of one
arbitrator to be appointed by ABS, one by written request at or before the time of
The Company remains solely responsible for
Company, and one by the two so chosen. The performance of service dnd upon payment by
its equipment, the qualilications and
decision of any two of the three on any point c.:omp,my of an additional fee of $10 for every
competency of its persolUlel, the supervision
or points shall be linaL Until such time as the $1,000.00 increase in the limitation.
of its pf'Tsnnlwl, ilnri th p safl;>ty of its personnel
arbitrators finally dose the hearings either
wlule performing its services. Nothing g. ErnICS AND COMPUANCE
party shall have the right by written notice
contained in this certificate or any letter or
served on the arbih'ators and on an officer of
report issued in contemplation of this the other party to specify further disputes or Falsification of this certificate, including any
certificate shall be deemed to relieve alterations bv an entitv other than ABS, may
difference wlder this Agreement for hearing
COlllpany or any designer, builder, owner, result in acti~ns agdin~t the culpable entity "up
manuiactm-er, seiler, supplier, repairer, and determination. The arbitration is to be to and including legal proceedings for the
conducted in accordance with the rules of the
operator or other entity of any warranLy misrepresentation of this document. !'v1easures
Society of Maritime Arbitrators, Inc. The
express or inlplied nor to create any interest, olay include but are not lin-tited to the
right, claim or benefit in any third partv. It is arbitrators may grant any relief, other than immediate and indefinite suspension of the
punitive damages which they, or d majority of
understood and agreed that nothing certificate in question, delisting of the entity
them, deem just and equitable and within the
expressed herein is intended or shall be from ABS online certification database, and
scope of tlle agreement of tlle parties,
construed to give any person, firm or immediate restriction of use of the authorized
induding, but not limited to, specific
corporation, other than the parties hereto, dny ABS service logos. Upon investigation by
performance. Awards made in pursuance to
right, renledy or claim hereunder; all ABS, ABS reserves the .right to permanently
this clause may include costs including a
provisions hereof are for the sale and disqualliy the implicated entity or its
reasonable allowance for attorney's fees and
exclusive benefit of the parties hereto. Principals frolll holding any service
judgment may be entered upon any award
certifications from ABS.
made hereunder in any court having
1. LIMITATION
jurisdiction. ABS and Company
TIlis certificate is intended only for the use of
ABS makes no representations beyond those hereby mutually waive any and all clailllS to the individual or entity to which it is
contained herein regarding its reports, letters, punitive damages in any forum. Company addressed, and may contain information that
audits, certificates or other services. shall be required to notify A BS witl,in thirtv . is privileged, confidential and exempt from
(30) days of the commencement 01 any
disclosure under applicable law. Ii the reader
4. HOLD HARMLESS arbitration between it and tl,ird parties which
is not the intended reCipient, you are hereby
may concern ABS' work in connection with notified that any dissentination, distribution
TIle l1drty to whom this certificate is issued, this certificate and shall alford ABS an
and his assignee and successor in interest, opportunity, at ABS' sole option, to or copying of this communication is strictly
agree to indemnify and hold harmless ABS participate in the arbitration. prohibited.
from and against anI' 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 limitation notwithstanding,
be brought against ABS incidental to, arising Company expressly agrees for itself and its
out of or in connection with the work done, alfiliated companies that its right to bring or
services performed or material to be funushed to assert against ABS any and all claims,
under this certificate, except for those claims deolands or proceedings whether in
caused solely and completely by the arbitration or othelwise shall be w dived
negligence 01 ABS, its agents, emplovees, unless (a) notice is received by ABS within
officers, directors or subcontractors. thirty (30) days alter Company or its alfiliates
had notice of or should reasonably have been
Company shall ddend, indemnify, "nO holrl p')(ppr~p rl ~n hfl"E' hfld noticp. of th e ba~i.s for
harmless ABS i.uld ib ~ufiliiltes from {md such clall1S; und (b) arbitl'dtion or legal
against any and all third party dainls and procPpriings, iF any, based on such chlims or
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