Terms of Business

These Terms of Business apply to all services provided by Hullstone Pty Ltd (“Assessor”) to any client (“Client”) unless otherwise agreed in writing. By engaging our services, the Client agrees to be bound by these terms.

1. Introduction

These Terms govern all services provided by the Assessor unless otherwise agreed in writing.

2. Scope of Services

2.1 The Assessor will perform the agreed scope of work with due care, skill, and diligence consistent with accepted marine loss adjusting practice. 2.2 The Client must ensure all instructions are complete, accurate, and provided in a timely manner, and must provide safe and reasonable access to the vessel or site. 2.3 Any variation to the scope must be agreed in writing. 2.4 Reports are based on the condition and information available at the time of inspection and are limited to accessible areas. No dismantling, intrusive testing, or guarantee of watertight integrity is implied unless expressly agreed in writing.

3. Valuations

3.1 Valuations represent an informed opinion as at the stated date and location and are not a warranty of value, marketability, or condition. 3.2 Market conditions, exchange rates, and comparable data are assumed current as at the valuation date.

4. Fees and Payment

4.1 Fees are quoted in Australian dollars (AUD) exclusive of GST unless otherwise stated. 4.2 Payment is due on or before delivery of the report unless otherwise agreed in writing. 4.3 Interest accrues on overdue amounts at 4% above the Reserve Bank of Australia cash rate, calculated daily. 4.4 Cancellations within 48 hours of scheduled attendance may incur a 50% cancellation fee plus any costs already incurred. 4.5 Where travel or flights are delayed or cancelled, additional time and costs will be charged.

5. Client Obligations

The Client agrees to:

• Provide      accurate, complete, and timely information 
• Ensure      safe working conditions compliant with WHS legislation 
• Obtain      all necessary permissions for access, inspection, and sea trials 
• Indemnify      the Assessor against losses arising from false, misleading, or incomplete      information

6. Liability and Limitations

6.1 To the fullest extent permitted by law, the Assessors total aggregate liability to the Client (whether in contract, tort, negligence, or otherwise) is limited to the lessor of:

• The      total fees paid for the services; or 
• AUD      $25,000 

6.2 The Assessor shall not be liable for:

• Consequential      or economic loss (including loss of profit, opportunity, or reputation) 
• Defects,      errors, or omissions in information supplied by third parties 
• Hidden,      inaccessible, or latent defects 
• Events      beyond reasonable control (including weather, transport delays, or      pandemics) 

6.3 Nothing in this Agreement excludes any statutory guarantee under the Australian Consumer Law that cannot be excluded. Where liability cannot be excluded, it is limited (to the extent permitted by law) to: (a) re-supply of the services; or (b) payment of the cost of having the services supplied again

6.4 Reports are prepared solely for the named Client and must not be relied upon by any third party without prior written consent.

6.5 Any claim must be notified in writing within 30 days of the report date, and any legal proceedings commenced within 6 months of delivery.

7. Insurance

The Assessor maintains Professional Indemnity and Public Liability insurance consistent with Australian industry standards. Certificates of currency are available upon request.

8. Intellectual Property

All intellectual property in reports, photographs, charts, drawings, and related materials remains the property of the Assessor.

The Client is granted a non-exclusive, non-transferable licence to use the deliverables for internal business and claim-related purposes only.

Reports must not be altered, reproduced, or distributed without prior written consent.

9. Termination

9.1 Either party may terminate this Agreement on 14 days’ written notice. 9.2 The Surveyor may terminate immediately if the Client:

• Fails      to pay any invoice within 28 days 
• Fails      to cooperate or provide instructions 
• Becomes      insolvent 

9.3 Termination does not affect any accrued rights or obligations.

10. Force Majeure

Neither party is liable for delay or failure to perform obligations due to events beyond reasonable control, including natural disasters, industrial action, war, or government restrictions.

11. Governing Law and Dispute Resolution

11.1 This Agreement is governed by the laws of Victoria, Australia. 11.2 The parties must attempt to resolve disputes in good faith. If unresolved, disputes are to be referred to mediation administered by the Resolution Institute (Australia) prior to litigation.

12. Notices

All notices must be in writing and delivered by hand, registered post, or email to the last known address of the receiving party.

13. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior discussions or understandings.

Any amendment must be in writing and signed by both parties.

14. Interpretation

Words importing the singular include the plural and vice versa. References to the Assessor include its employees, contractors, and agents.