Unless otherwise specifically agreed in writing, Oceanserve S.A. de C.V. (hereafter the Company) undertakes services in accordance with these general conditions and accordingly all offers or tenders of service are made subject to the same. Our Trading Conditions to be accepted prior to commencement of our work. All resulting contracts, agreements or other arrangements will in all respects be governed by these conditions, 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 conditions and in such case the said local law shall prevail wherever, but only to the extent that, it is a variance with these conditions and it is accepted in writing by the Chief Executive Officer of the Company.
The Company is a business enterprise engaged in the trade of inspection. As such, it carries out inspections, verifications, examinations, tests, samplings, measurements and similar operators; issues reports and certificates relating to the aforesaid operations renders advisory services in connection with such matters.
The Company acts for the persons or bodies from whom the instructions to act have originated (hereinafter called “the Principal”).
No other party is entitled to give instructions, particularly on the scope of inspection or delivery of report or certificate, unless so authorized by the Principal.
The Company will however be deemed irrevocably authorized to deliver at its discretion the report or the certificate to a third party if following instructions by the Principal a promise in this sense had been given to this third party or such a promise implicitly follows from circumstances, trade, custom, usage or practice.
The Company will provide services in accordance with the Principal’s specific instructions as confirmed by the Company; terms of the Company’s Standard Order Form and/or Standard Specification Sheet if used; any relevant trade, custom, usage or practice such methods as the Company shall consider suitable on technical and/or financial ground.
Documents reflecting engagements contracted between the Principal and third parties, such as copies of contracts of sale, letters of credit, bills of lading, etc. are (if received by the Company) considered to be for information only, without extending or restricting the Company’s mission and obligations.