Euro Baltic A/S Terms & Conditions
All agreements with and services provided by Euro Baltic A/S, as defined below, are governed by the following terms and conditions:
1. Definitions
“Euro Baltic” refers to Euro Baltic A/S, its subsidiaries, associated surveyors, and employees, collectively or individually, trading under these conditions.
“Client” is the party at whose request or on whose behalf Euro Baltic undertakes surveying services.
“Report” means any report or statement supplied by Euro Baltic in connection with instructions received from the Client.
“Disbursements” refers to the cost of all reasonable photography, reproduction of drawings, diagrams, sketches, printing, duplicating, and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, subsistence, and hotel accommodation where an overnight stay is necessary.
“Fees” refers to the charges by Euro Baltic to the Client. Fees do not include any taxes, including but not limited to VAT, goods and services tax, withholding tax, sales taxes, surcharges, or levies as required by law. If applicable, such taxes or levies will be charged separately.
2. Work
The Client will set out in writing the services they require Euro Baltic to provide. Euro Baltic will confirm in writing its acceptance of those instructions or outline the services it will perform in connection with the Client’s instructions. Once Euro Baltic and the Client have agreed on the services to be performed (the Services), any subsequent changes or additions must be agreed upon by both parties in writing.
3. Payment
The Client shall pay Euro Baltic’s fees punctually in accordance with these Conditions and, in any event, no later than 30 days following the relevant invoice date or as otherwise agreed in writing. Any delay in payment shall entitle Euro Baltic to interest at 8% above the Base Lending Rate of the Central Bank of Denmark prevailing at the time of default.
Euro Baltic reserves the right to charge for any work that is additional to that originally agreed in writing, as per Clause 2.
Euro Baltic reserves the right to issue interim invoices for services rendered, calculated on a pro-rata basis. Fees do not include any taxes or levies, which, if applicable, may be charged in addition to the fees stated. The Client shall pay the full fee as invoiced, regardless of any legal obligations to withhold taxes or levies.
If the Client disputes an invoice, or part of an invoice, the Client must immediately notify Euro Baltic in writing. If such notification is not received, the invoice will be considered accepted in its entirety.
If an invoice is only partially disputed, the undisputed portion must still be paid within the original payment deadline.
4. Obligations and Responsibilities
(a) Client: The Client shall ensure that full instructions are given to Euro Baltic in sufficient time to enable the required Services to be performed effectively and efficiently. The Client must also procure necessary access for Euro Baltic to goods, premises, vessels, installations, and transport while ensuring all appropriate safety measures are taken to provide a safe and secure working environment. Euro Baltic shall not be liable for consequences arising from late, incomplete, inadequate, inaccurate, or ambiguous instructions.
(b) Surveyor: Euro Baltic shall use reasonable care and skill in the performance of its services in accordance with sound marine surveying/consulting practices.
(c) Reporting: Euro Baltic shall submit a final written Report to the Client upon completion of the agreed Services unless expressly instructed otherwise by the Client.
(d) Confidentiality: Euro Baltic will not disclose any information provided in confidence by the Client to any third party unless expressly permitted by the Client or required by law.
(e) Property: All original work created by Euro Baltic remains its property.
(f) Conflict of Interest/Qualifications: Euro Baltic shall promptly notify the Client of any conflict of interest or lack of suitable qualifications and experience. The Client is responsible for payment of fees incurred up to the date of notification.
(g) Safe Working Environment: The Client must ensure a safe working environment for Euro Baltic’ employees/surveyors, regardless of the work location.
(h) Other Standards: Euro Baltic’ Services only assess compliance with the standards expressly agreed upon in writing.
5. Liability
(a) Euro Baltic shall not be liable for any loss, damage, delay, or expense unless it is proven to result solely from the negligence, gross negligence, or willful default of Euro Baltic, its employees, or agents.
(b) In cases of proven liability, Euro Baltic’ liability shall not exceed ten times the fees charged for the relevant service.
(c) Euro Baltic is not liable for loss or damage to physical equipment and property provided by the Client unless caused intentionally or recklessly.
(d) Claims against Euro Baltic must result from actions within its reasonable control.
6. Indemnity
The Client agrees to indemnify Euro Baltic against all claims, liabilities, and costs arising from services provided, except where Euro Baltic is proven liable under Clause 5.
7. Force Majeure
Neither Euro Baltic nor the Client shall be liable for any failure to perform due to events beyond their reasonable control, such as natural disasters, war, or strikes. Either party may terminate the agreement following such an event.
8. Insurance
Euro Baltic shall maintain Professional Liability Insurance for any liability under these terms and conditions.
9. Subcontracting
Euro Baltic may subcontract services, subject to the Client’s right to object. Euro Baltic remains fully liable for its obligations.
10. Time Bar
Claims against Euro Baltic must be made within one year of the Report’s submission date.
11. Jurisdiction and Law
This contract is governed by Danish law, and the Danish courts have exclusive jurisdiction over disputes.
12. GDPR
Euro Baltic will comply with the EU General Data Protection Regulation (GDPR). Personal data will only be collected, stored, or shared as necessary and with the Client’s consent. The Client may revoke consent at any time.