Terms and Conditions

AMS 360Marine PTE LTD – General Terms and Conditions of Business


Unless otherwise specifically agreed in writing, AMS 360Marine Pte Ltd [80 Anson Road, #28-03 Fuji Xerox Towers, Singapore 079907] (hereinafter called „the COMPANY“) undertakes all of its Services in accordance with these General Terms and Conditions of Business (hereinafter called „General Terms“) and accordingly all offers or tenders of service are made subject to these General Terms. All resulting contracts, agreements or other arrangements will in all respects be governed by these General Terms, except only to the extent that the law of the place where such arrangements or contracts are made or carried out shall preclude any of the General Terms and in such case such local law shall prevail wherever, but only to the extent that, it is at variance with these General Terms and Conditions. Any terms, agreements or side letters deviating from these terms shall not be effective unless approved in writing by the COMPANY. Approved deviations shall only apply to a certain individual case and shall have no effect in future.


  1. 1. Definitions
    1. 1.1 “COMPANY” means AMS 360Marine Pte Ltd [80 Anson Road, #28-03 Fuji Xerox Towers, Singapore 079907].
    2. 1.2 “General Terms” means the COMPANY’s General Terms and Conditions of Business.
    3. 1.3 “Principal” means the persons or bodies from which the instructions for the COMPANY to act have originated.
    4. 1.4 “Services” means any and all services to be provided by the COMPANY, including without limitation: marine survey, inspection services for bulk commodities, supervision of loading or discharging, quantity and/or quality inspections, weight verifications and/or certifications, inspection of various trading-goods, packaging, vessels/barges or other means of transport, survey and audit, rendering advisory and special services as may be agreed, surveys of vessels, cargoes, bunkers and ship damage.
    1. 2. Principal / Appointment
    1. 2.1 The COMPANY acts for the Principal. No other party is entitled to give instructions, particularly on the scope of the Services, unless so authorised by the Principal and agreed by the COMPANY. The COMPANY will however be deemed irrevocably authorised to deliver at its discretion the Services to a third party if following instructions by the Principal a promise in this sense has been given to its third party or such a promise implicitly follows from circumstances, trade custom, usage or practice.
    1. 2.2 In the event that any unforeseen problems or expenditure arise in the course of carrying out any of the contracted services the COMPANY shall be entitled to make additional charges to cover additional time and cost necessarily incurred to complete the Services.
    1. 2.3 In the event of any suspension of payment arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by the Principal, the COMPANY shall be entitled to suspend all further performance of its Services forthwith and without liability.
    2. 3. The Principal’s Obligations

The Principal shall:

    1. 3.1 Ensure that instructions to the COMPANY contain sufficient information and are given in due time to enable the required Services to be performed effectively,
    1. 3.2 Procure all necessary access for the COMPANY’s representatives or enable the required services to be performed effectively,
    1. 3.3 Supply, if required, any special equipment and personnel necessary for the performance of the required Services,
    1. 3.4 Ensure that all necessary measures are taken for the safety and security of working conditions, sites and installations during the performance of Services and will not rely, in this respect, on the COMPANY’s advice whether requested or not,
    1. 3.5 Fully exercise all its rights and discharge all its liabilities under any related contract whether or not a report or certificate has been issued by the COMPANY failing which the COMPANY shall be under no obligation to the Principal,
    1. 3.6 If the requirements of the Principal necessitate the analysis of samples by the Principal’s or by any third party’s laboratory, the COMPANY will pass on the result of the analysis but without responsibility for its accuracy. Likewise where the COMPANY is only able to witness an analysis by the Principal’s or by any third party’s laboratory, the COMPANY will provide confirmation that the correct sample had been analyzed but will not otherwise be responsible for the accuracy of any analysis or result.
    1. 4. Sub-Contracting

The COMPANY shall be entitled, at its discretion, to delegate the performance of the whole or any part of the Services contracted to with the Principal to any agent or subcontractor.

    1. 5. Reports and Certificates
    1. 5.1 Subject to the Principal’s instructions as accepted by the COMPANY, the COMPANY will issue reports and certificates of inspection which reflect statements of opinion made with due care within the limitation of instructions received, but the COMPANY is under no obligation to refer to, or report on, any facts or circumstances which are outside the specific instructions received.
    1. 5.2 Reports or certificates issued following testing or analysis of samples contain the COMPANY’s specific opinion on those samples only but do not express any opinion upon the bulk from which the samples were drawn. If an opinion on the bulk is requested special arrangements must be made in advance with the COMPANY for the inspection and sampling of the bulk.
    1. 6. Liability
    1. 6.1 Any claims for indemnification outside of statutorily imposed claims for damages, may be only asserted by the Principal against the COMPANY for intentional or grossly negligent conduct. This limitation of liability does not apply to injuries to life, body, or health.
    1. 6.2 The liability of the COMPANY, in respect of any claims for loss, damage or expense of any nature whatsoever, and howsoever arising, in respect of any breach of contract and/or any failure to exercise due skill and care by the COMPANY shall in no circumstances exceed a total aggregate sum equal to the amount of the fee or commission payable in respect of the specific services required under the particular contract with the COMPANY. Where the fee or commission payable relates to a number of services and a claim arises in respect of one of those services the fee or commission shall be apportioned for the purposes of this paragraph by reference to the estimated time involved in the performance of each service.
    1. 6.3 The COMPANY bears no liability for special, indirect or consequential loss such as e.g. loss of revenue, loss of profit, loss of revenue, depletion of goodwill, loss relative to other contracts and indemnities for termination of other agreements arising out of or in connection with any contract or these terms.
    1. 6.4 The COMPANY shall be discharged from all liability to the Principal for all claims for loss, damage or expense unless suit is brought within 2 (two) months after the date of performance by the COMPANY of the service which gives rise to the claim or in the event of any alleged non-performance within two months of the date when such service should have been completed.
    1. 7. Force Majeure

The COMPANY shall not be under any liability whatsoever to the Principal for non-delivery or delay in delivery products/services directly or indirectly caused by unforeseen circumstances or resulting from an Act of God, outbreak of hostilities (whether or not war is declared), insurrection, riot, civil disturbance, Government Act or regulation, fire, flood, explosion, production delays, accident, theft, climatic conditions, shortage of material, strike, lockout or trade dispute (whether the COMPANY’s or another party’s employees) or other cause beyond the COMPANY’s reasonable control.

    1. 8. Payment
    1. 8.1 The Principal will punctually pay not later than 14 days after the relevant invoice date, or within such other period as may have been agreed in writing, all proper charges rendered by the COMPANY failing which interest will become due at the rate of 10 (ten) per cent per annum from the date of invoice until payment.
    1. 8.2 The Principal shall not be entitled to retain or defer payment of any sums due to the COMPANY on account of any dispute, cross claim or off-set which it may allege against the COMPANY.
    1. 8.3 In the event of the COMPANY being prevented by reason of any cause whatsoever outside the COMPANY’s control from performing any Services for which an order has been given or an agreement made, the Principal will pay to the COMPANY:
      1. 8.3.1 The amount of all abortive expenditure actually made or incurred
      2. 8.3.2 A proportion of the agreed fee or commission equal to the proportion (if any) of the service actually carried out, and
      3. 8.3.3 The COMPANY shall be relieved of all responsibility whatsoever for the partial or total non-performance of the required service.
    1. 8.4 Unless agreed otherwise, each payment made by the Principal shall first be applied against any interest or costs due and then, once these have been settled in full, against the oldest outstanding invoice, regardless of whether or not the payment expressly indicates otherwise.
    1. 9. Miscellaneous
    1. 9.1 No alteration, amendment or waiver of any of these General Conditions shall have effect unless made in writing and signed by an officer of the COMPANY.
    1. 9.2 The invalidity of one or more stipulations of the present General Conditions does not affect the validity of the remaining provisions.
    1. 9.3 These General Conditions constitute the sole contractual obligations binding the Principal and the Company, to the exclusion of all other representation, statements, terms, conditions whether express or implied.
    1. 9.4 These General Terms and Conditions and any contract concluded thereunder shall be subject to Singapore law. Any dispute arising out of or in connection with these General Conditions of Purchase, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore.


Version 2017-08-01

AMS 360Marine Pte Ltd, Singapore