DNV GL SHIP TECHNOLOGY I-0 [ Active ]

Definitions and General

“Affiliate” – shall mean any subsidiary, parent, ultimate holding company or a subsidiary of such parent or ultimate holding company. For the purpose of this definition, “subsidiary” and “holding company” shall have the meaning assigned to them under the Companies Act relevant to the applicable law set out in Clause 17 herein;

“Contract” – shall mean the contract entered into between the Customer and DNV GL including these General Terms and Conditions and the DNV GL Rules. The above listed documents shall be interpreted as one agreement and in case of any ambiguities or contradictions between the various documents, the documents shall take precedence in the order they are listed above;

“Claim” or “Claims” - shall mean any and all claims, losses (including pure economical losses), demands, taxes, liens, liabilities, judgments, awards, provisional injunctions, remedies, debts, damages, injuries, costs, legal and other expenses, or causes of action of whatsoever nature, and in whatever jurisdiction the foregoing may arise;

“Consequential Loss” - shall mean loss and/or deferral of production, lost productivity (disruptions), loss of product, loss of use, loss of time to any vessel or loss of hire, loss of business opportunities and contracts, loss of goodwill, loss of data, loss of revenue, profit or anticipated profit (if any), losses arising from liabilities or indemnities under other contracts, recall or rectification costs, in each case whether direct or indirect and whether or not foreseeable at the commencement of the Work;

“Customer” – shall mean the person and/or company which has requested DNV GL’s service and has entered into a contract/agreement for services;

“Customer Group” – shall mean (i) the Customer and its Affiliates; (ii) the Customer`s other contractors (other than DNV GL), suppliers and subcontractors (of any tier) and their respective Affiliates; and (iii) the respective directors, officers, managers, agents, employees (including agency personnel) and representatives of the persons and entities mentioned under (i) and (ii) above as well as any other person or entity acting on its/their behalf;

“Deliverable” – the deliverable(s) which is(are) to be provided to the Customer by DNV GL according to the Contract;

“DNV GL” – shall mean for the purposes of these General Terms and Conditions, the company with which the Customer has entered into the Contract being DNV GL AS or any of its branches and subsidiaries (as the case may be);

“DNV GL Group” – shall mean (i) DNV GL, all its direct and indirect owners and its Affiliates; (ii) DNV GL’s sub-contractors (of any tier) and their Affiliates; and (iii) the respective directors, officers, managers, agents, employees (including agency personnel) and representatives of the persons and entities mentioned under (i) and (ii) above as well as any other person or entity acting on its/their behalf;

“DNV GL Rules” – shall mean all provisions and/or requirements adopted by DNV GL as the basis for Classification at any point in time;

“Variation” – additional work to the Work originally agreed in the Contract;

“Work” – the services provided to Customer by DNV GL which are expressly set out in the Contract including any Variation and any Deliverable.

These General Terms and Conditions shall be incorporated in the Contract and shall override and exclude any terms and conditions sought to be imposed by the Customer. No amendment and/or variation to these General Terms and Conditions and no additional terms put forward by the Customer shall be considered binding or valid unless set out in writing and duly signed by the authorised representatives of both parties.

The respective latest version of the General Terms and Conditions as well as the applicable DNV GL Rules, as made available on www.dnvgl.com shall apply to all work rendered by DNV GL, including those rendered within the scope of DNV GL´s statutory functions as recognised organisation or similar, even if no written Contract was concluded.