Terms of Business

These Terms of Business ["Terms"] apply to all services provided by Hullstone Pty Ltd [86 631 628 496] ("Assessor") to any client ("Client") unless otherwise agreed in writing. By engaging our services, the Client agrees to be bound by these terms.

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

Engagement: An engagement is formed when the Client accepts a quotation from, work order, fee proposal, email instruction from the Assessor, or otherwise requests the Assessor to commence services.

Services: marine loss adjusting works including inspections, assessments, surveys, valuations, investigation, reporting, claims support, attendance at sea trials, and related advisory services, as agreed in writing for each engagement.

3.1 The Assessor will perform the agreed scope of work to the best of its ability with due care, skill, and diligence consistent with accepted marine loss adjusting practice.

3.2 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.

3.3 Any variation to the scope must be agreed in writing.

3.4 Reports are based on the observable 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.

3.5 The Assessor is entitled to rely on visual inspection, observations at the time of attendance, and information supplied by the Client and/or third parties. The Assessor is not responsible for uncovering latent, concealed, progressively developing, or non-visible defects.

3.6 Any instructions given to the Assessor may in the absolute discretion of the Assessor be complied with by the Assessor as agent for the Client, as disclosed principal or by the Assessor as principal contractor, by its own servants performing part or all of the relevant services, or by the Assessor employing or instructing or entrusting the services, on such other conditions as they may stipulate to perform part or all of the services. The Client shall be bound by such other conditions and shall release the Assessor from liability and indemnify the Assessor against any claims arising out of their acceptance.

4.1 Valuations represent an informed opinion as at the stated date and location and are not a warranty of value, marketability, or condition.

4.2 Market conditions, exchange rates, and comparable data are assumed current as at the valuation date.

5.1 Fees including expenses and disbursements are quoted in Australian dollars (AUD) exclusive of GST unless otherwise stated.

5.2 Payment is due on or before delivery of the report unless otherwise agreed in writing.

5.3 Interest accrues on overdue amounts at 4% above the Reserve Bank of Australia cash rate, calculated daily.

5.4 Cancellations within 48 hours of scheduled attendance may incur a 50% cancellation fee plus any costs already incurred.

5.5 Where travel or flights are delayed or cancelled, additional time and costs will be charged.

5.6 The Client must pay invoices in full without set-off, counterclaim, deduction or withholding, except as required by law.

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; and indemnify the Assessor against any losses arising from false, misleading, or incomplete information, unsafe site conditions, failure to obtain permissions, breach of law, or third-party claims resulting from unauthorised use or reliance on reports.

7.1 To the maximum extent permitted by law the Assessor shall not be liable to the Client for any damages and/or loss whatsoever, including in contract, tort (including negligence), statutory duty or otherwise, arising from the provision of the services.

7.2 Notwithstanding any other provisions of these Terms, neither party excludes or limits its liability for death or personal injury caused by its negligence or for fraud or in respect of any other liability arising out of or in connection with these Terms which cannot be excluded or restricted by law.

7.3 Subject to clause 7.2, to the fullest extent permitted by law, the Assessor's total aggregate liability in relation to the Service to the Client (whether in contract, tort (including negligence), statutory duty or otherwise) is limited to the lesser of: the total fees paid for the services; AUD $25,000; or the cost of rectifying the loss.

7.4 The Assessor shall not be liable for any special, incidental, exemplary, punitive, consequential or economic loss, or any loss of profit, revenue, contract or business opportunities, goodwill, reputation, production, data, or anticipated savings or benefits, even if that loss or damage was reasonably foreseeable. The Assessor is also not liable for defects, errors, or omissions in information supplied by third parties; damage arising from hidden, inaccessible, or latent defects; or events beyond reasonable control (including weather, transport delays, or pandemics).

7.5 Nothing in these Terms excludes, restricts or modifies any statutory guarantee under the Australian Consumer Law that cannot be excluded, restricted, or modified. 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.

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

7.7 If the Assessor's performance of its obligations under the Terms is prevented or delayed by any act or omission of the Client, its agents, sub-contractors or employees, the Assessor shall not be liable for any costs, charges or losses sustained or incurred by the Client arising directly or indirectly from such prevention or delay.

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

7.9 The Assessor accepts no liability or responsibility to any third party who benefits from or uses the Services or gains access to any documents and/or materials produced and/or provided by the Assessor. The Client agrees to indemnify the Assessor from and against all liabilities, losses, damages, costs and expenses the Assessor reasonably incurs in connection with any claims against the Assessor resulting from a breach by the Client of the provisions of this clause or from any claim by any third party against the Assessor.

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

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.

10.1 Either party may terminate this Agreement on 14 days' written notice on the condition that the works are yet to commence and no costs have been incurred.

10.2 The Assessor may terminate the Agreement immediately if the Client fails to pay any invoice within 28 days, fails to cooperate or provide instructions, or acts in a manner that is unlawful or contrary to these Terms.

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.