Terms & Conditions
These Terms & Conditions (TCs) set out the terms of use of this website of InZu Gloal ApS or InZu Maritime ApS or Skatten Hund ApS (hereinafter we, us, our), any contents you access on this website and use of our services in writing or verbally. If you don’t agree with any of the TCs, you must stop using this website immediately. Please also refer to our Privacy Policy before using our website and/or services.
1. Definitions
“Consultant”: who renders the services on the request of the client under the TCs set out below.
“Surveyor”: who performs the survey of the goods, ship or of any other property on the request of the client under the TCs set out below.
“Client”: the party on the request of whom the Consultant and/or the Surveyor render their services.
“The Agent”: any party acting on behalf of us or on behalf of the Client.
“Report”: constitutes any written or verbal report or statement supplied by the Consultant and/or the Surveyor in relation to the services requested by the Client with instructions received from the Client.
“Services”: the scope of work set out/requested in writing and accepted and performed by us (the surveyor or consultant or director or any of our employees or agents or sub-contractors acting on our behalf).
“Fee”: the amount agreed with the Client for the services offered by us.
2. Scope of the Services
These TCs shall govern all responsibilities and liabilities in relation to our services for the Client. We shall be entitled to substitute ourselves with a third party for the performance of all or part of the services. The client may however object to sub-contracting of services at any time by giving us written notice and enlisting the reasonable grounds for doing so. The liability of the services will remain with us if we sub-contract the services to any third-party for the performance of the requested services with no liability towards any third party which is not party to the contract between the client and us.
3. Setting out the Nature of the Services
The client shall clearly state/set out the nature of services requested. Any changes or addition in the requested services shall also be communicated in writing and must be accepted by us. We shall not be held liable for any consequences of late, ambiguous, incomplete or inaccurate instructions about the Services required or requested.
4. Obligations and/or Responsibilities
We shall endeavour to use reasonable care and skills in performing the Services requested by the Client. Any report or document issued in relation to the Services will be based on the opinion and the best judgment of the person performing the services on our behalf and will not form a representation of facts or guarantee in any form. Any paperwork (including any documentation, agreements, reports etc.) shall not expose us to any liability and shall not be construed as a certification of compliance, suitability, quality, quantity with any relevant regulations, rules, policy and/or conventions.
5. Liability
We shall be under no liability whatsoever to the Client for any loss, damage, delay, liability or expense of whatsoever nature, whether direct or indirect and howsoever arising in relation to services agreed and rendered unless and until caused by the negligence, gross negligence or wilful misconduct or default of the surveyor or consultant or director or any of our employees or agents or sub-contractors acting on our behalf.
If it is proven that any loss, damage, delay or expense was caused solely by the negligence, gross negligence or wilful misconduct or default of the surveyor or consultant or director or any of our employees or agents or sub-contractors acting on our behalf, then, save where loss, damage, delay or expense has resulted from the surveyor or consultant or director or any of our employees or agents or sub-contractors acting on our behalf with an intent to cause same recklessly and with knowledge that such loss would probably result, the liability shall never exceed a sum calculated on the basis of 2 times the fees charged by us for the Services or DKK 50.000 whichever is lesser.
6. Indemnity
Except where we are proved liable as per the clause 5 herein above, the client undertakes to keep us (the surveyor or consultant, directors or any of our employees or agents or sub-contractors acting on our behalf) indemnified and to hold us harmless against all claims which may be brought against us which the surveyor or consultant or director or any of our employees or agents or sub-contractors acting on our behalf may incur, either directly or indirectly, during the course of providing the Services. The Client agrees to release, defend, indemnify and hold us harmless from and against any and all claims arising out of performance of the Services, regardless of fault, involving personal injury, illness, or death of any member of the Client, its employees, agents and sub-contractors.
7. Force Majeure – No party will be held liable
Neither the surveyor or consultant or director or any of our employees or agents or sub-contractors acting on our behalf nor the Client shall be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from an act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest.
8. Consequential damages/Losses
Neither party shall be liable to the other party, under contract or otherwise, for any indirect, incidental, consequential, special, punitive, exemplary or liquidated damages including, without limitation, loss of profit, loss of product, loss or inability to use property, or business interruption howsoever described.
9. Time Bar
Any claim against the us (the surveyor or consultant or any of our employees or agents or sub-contractors acting on our behalf) by the Client shall be deemed to be waived and absolutely time barred upon the expiry of one year from the date of the performance of the relevant Services to the Client.
10. Jurisdiction and Law
These Conditions shall be governed by and construed in accordance with the laws of Denmark and any dispute shall be subject to the exclusive jurisdiction of the Danish Courts.
11. Saving Clause
If any part of these TCs is to any extent invalid, illegal, or incapable of being enforced, such part shall be excluded to the extent of such invalidity, illegality, or unenforceability; rest of the TCs shall remain in full force and effect.
12. Use of Our Website:
a. Access to Our Website
Access to Our Site is free, and is to access our services or to contact us. Access to our website is on "as is" basis. We may alter, suspend or discontinue our website or any part of it or may alter our Privacy Policy or Terms & Conditions (partially or fully) at any time and without notice. We will not be liable to you in any way if our website (or any part of it) is unavailable at any time and for any period of time.
b. Our Liability
We accept no liability to any user/visitor of our website for any loss or damage in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of our website or any part of it or reliance on any contents of our website.
We accept no liability or loss of any kind whatsoever (loss of profits, sales, business or revenue, loss of business opportunity, goodwill or reputation, loss of savings, business interruption, or for any indirect or consequential losses or damages of any kind whatsoever) in relation to the use of this website.
We exercise all reasonable skills and care to ensure that our website is UpToDate and free from viruses and or malwares. We however accept no liability whatsoever for any loss or damage resulting from a virus or other malware, any attack of hackers, spams or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our website or due to downloading any contents from our website and or any effect on your business in any way whatsoever.
c. Disclaimers
The Contents on our website are for general information and does not constitute an advice on which you consider to rely. Please seek professional advice for your legal, claims or recovery matters. We make no representation, warranty or guarantee of any kind whatsoever that our website or any part of it meet your requirements or general requirements for this purpose or it will not infringe the rights of any third party or it will be compatible with all the modern IT requirements in terms of online security.
Further, we make reasonable efforts to ensure that the contents on our website or complete, accurate but we do not give any guarantees and warranties that the contents are complete or accurate.
………………………………………………………………………………….. Feb 2023 Version
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