DNV GL SHIP TECHNOLOGY I-0 [ Revised ]

General

Germanischer Lloyd (GL) is an independent organisation providing worldwide survey, technical analyses, consulting and certification services (“services”).

GL acts impartially and objectively. 

The following definitions shall be used for the purpose of interpreting these General Terms and Conditions. Further definitions not contained in this Clause shall apply to the Clause in which they are stated:

“Affiliate” – shall mean any subsidiary or parent or 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 Section 736 of the Companies Act, 1985, as amended by Section 144 of the Companies Act 1989;

“Claim” - shall mean any and all claims, losses, demands, liens, liabilities, judgements, awards, remedies, debts, damages, injuries, costs, legal and other expenses, or causes of action of whatsoever nature, and in whatever jurisdiction the foregoing may arise;

“Client Group” – shall mean (i) the client and its Affiliates; (ii) the client’s other contractors (other than GL) and subcontractors (of any tier) and their respective Affiliates; and (iii) its and their respective directors, officers, managers, agents, employees (including agency personnel) and representatives;

“GL Group” – shall mean (i) GL and its Affiliates; (ii) GL’s sub-contractors (of any tier) and their Affiliates; and (iii) its and their respective directors, officers, managers, agents, employees (including agency personnel) and representatives;

“GL Rules” – shall mean technical Rules regularly issued by GL. 

The right of interpretation of the GL Rules rests with GL alone. 

The respective latest version of the General Terms and Conditions as well as the pertinent GL Rules shall apply to all services rendered by GL, including those rendered within the scope of their statutory functions, even if no separate agreement has from case to case been reached. 

Subject to Clauses “I” 4. and “I” 6., nothing in any agreement between GL and the client and/or in any certificate, report or other document issued by GL shall be deemed to create any interest, right, claim or benefit for any third party. A person who is not a party to this contract has no rights as against GL under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of any agreement between GL and the client and/or any certificate, report or other document issued by GL. 

The General Terms and Conditions of GL shall prevail notwithstanding any variance or conflict with any terms and conditions sought to be imposed by the client. Variation or changes shall only be effective if made in writing specifically for such purpose and duly signed by GL and the client. 

The parties confirm that to the best of their knowledge they are not engaged in any business, including the carriage of any cargo, which would result for the other party or any of its subcontractors being in breach of any sanction or prohibition imposed by any State, Supranational or International Governmental Organisation, including EU Regulation 267/2012, by providing the services requested. In addition, GL and the Client shall comply to the best of their ability with applicable anti-corruption laws.