Terms and Conditions
Please read carefully the following Terms and Conditions that govern use the website pyxidamts.gr operated by PYXIDA Marine Technical Solutions (the Company).
When using this website, you acknowledge that you accept fully and unreservedly the terms and conditions stated herein and that you undertake to comply with the said Terms and Conditions. If you disagree with any part of these terms, then you may not access the Service.
Amendment of the terms hereof
Our company reserves the right to amend the terms and conditions of service. Therefore, the party at whose request or on whose behalf the Surveyor/Consultant undertakes services (Client or Principals) is requested to visit these terms of use before any work agreement and be informed of any changes or amendments.
Work
The Client will set out in writing the services which he/she requires the Marine Surveyor (Surveyor/Consultant) to provide. The Surveyor/Consultant will confirm with a written message/offer that he accepts those instructions or alternatively what services he will perform in connection with the Client’s instructions. This message/offer (work agreement) must be accepted by the Client prior to commencement of work. Any subsequent changes or additions must be agreed by both parties in writing.
Delivery of Services
The delivery of services shall commence on the date of instruction or as may be otherwise specified in any scope of work agreement and shall continue until performed or until terminated by the client in writing. If dates are given for the delivery of the services, these are estimates only and are not guaranteed. The Company shall have no liability whatsoever for any failure to meet these days.
Company Obligations and Reporting
The Company shall supply the services as specified in these terms and conditions and any scope of work agreement and shall do its best endeavour to perform them with reasonable skill and care in accordance with sound marine surveying/consulting practice.
The Company shall maintain the confidentiality of any confidential information and documentation provided by the Client unless release of same is required by law, by order of the court, or by any other authority.
In case of surveys the purpose of which is to report on the present condition of the object and express an opinion on its condition, the survey shall be purely based on a visible survey and does not cover any hidden, inaccessible, obstructed or unexposed parts, or any unavailable information at the time of survey, and is subject to any conditions which may arise should such parts had been exposed and/or information had been made known. None of the reports warrants the vessel’s and/or any floating structure’s seaworthiness, but only attests the vessel’s and/or any floating structure’s conditions at the time of the survey.
Fiberglass, metallic, and/or wooden structures are evaluated using non-destructive testing methods. Testing methods include, but are not limited to visual inspection, percussion hammerings, use of thermal camera, hardness tester and moisture meter readings. Structures are not disassembled during the marine survey inspection process. Definitive conclusions cannot be made based solely on non-destructive testing methods. Structure deficiencies noted in the report are observations that may require further investigation using destructive testing techniques to properly troubleshoot the issue, and to develop a plan for repair. Undetectable deficiencies may exist in inaccessible locations.
Mechanical systems are visually inspected & observed during testing procedures. The Marine Surveyor is not a certified marine engine technician. Disassembly of mechanical systems does not take place during the marine survey inspection process. Deficiencies noted in the report are observations that may require follow up evaluation by a qualified technician. Internal engine deficiencies may be undetectable during the survey process.
AC & DC power sources are used to test electronic equipment. Electrical systems are visually inspected and evaluated and if considered necessary might use tools such as multi meter, clamp meter etc. The Marine Surveyor is not a certified marine electrician. Electrical system panelboards & miscellaneous equipment are not disassembled. Undetected deficiencies may exist in inaccessible locations.
Tankage (diesel, gasoline, lube oil, hydraulic, fresh water, black water, grey water) are visually inspected where accessible. The surveyor is unable to comment on the condition of inaccessible areas of tankage systems, including tank interiors.
The Marine Surveyor makes no determination & expresses no opinion of the vessel’s stability characteristics. In case the services of a specialist third party become necessary, the Company shall advise the Client of this necessity and of the additional cost which may result from such services and shall seek the Client’s approval.
Limitation of Liability
The services and the report rendered are done with the distinct understanding that the Marine Surveyor is not responsible or liable under any circumstances whatsoever for any error, omission, negligence, or failure to properly perform the requested services and that all matters and statements contained in the report are of opinion only. They are not to be construed as representations, warranties, or guarantees. No statement made, or services performed, or work done shall be the basis for any claim, demand, or action against the Company and the Marine Surveyor. If the work performed is deficient in any material respect, the Marine Surveyor shall correct the report or the company will refund the fee paid. In no event shall the Company and the Marine Surveyor be liable for incidental & consequential damages, or damages exceeding the fee actually received for the work.
The Surveyor/Consultant shall not be liable for loss of or damage to equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.
Client Obligations and Responsibilities
The Client undertakes to ensure that full instructions are given to the Surveyor/Consultant and are provided in sufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for the Surveyor/Consultant and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions. The Surveyor/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
Force Majeure
Neither the Surveyor/Consultant nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war, seizure under legal process, strikes, boycotts, lockouts, riots, or civil commotions.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Greece, without regard to its conflict of law provisions.
Our failure to enforce any rights or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have between us regarding the service.
Definition of Terms
The attendance reports are in plain English, making everything easy to understand. Nevertheless, in case the Client has any questions and/or need any clarifications about the terms used etc., they are kindly requested to contact us at info@pyxidamts.gr and we will be more than happy to assist them.