CRS

Liability

  1. Register is neither, and nor may be considered as, an Underwriter, Consulting Engineer, Naval Architect, Shipbuilder, Shipowner or Operator, and cannot assume or be exposed to the obligations and responsibilities incumbent on such functions, even though experience of the Register enables it to answer enquiries concerning matters not covered by its Rules, Recommendations, Guidance notes, Instructions, Documents or other evidence.
  2. Practices and procedures of the Register are selected by the Register in its sole and absolute discretion based on its experience and knowledge, and in conformity with generally accepted professional standards in the relevant field of the classification Societies.
  3. Nothing contained herein, or in any information, report, certificate or like document issued in connection with or pursuant to the performance by the Register of its services, shall be deemed to relieve any designer, naval architect or engineer, shipbuilder or manufacturer, shipyard, seller, supplier, contractor or subcontractor, repairer, or owner, operator, manager or any other person or entity from any warranty or other contractual obligations or responsibilities, expressed or implied or from any negligent act, error or omission whatsoever, nor may create any right, claim or benefit to any third party.
  4. Register shall exercise due diligence in selection or appointment of its surveyors and all other personnel whose attendance and work is employed or engaged for the purpose of performing its services.
  5. Nevertheless, if any person or entity uses services of the Register and suffers loss, damage or expenses thereby, which is attributable or proved to have been caused by any negligent act, omission or error of the surveyors, servants, agents, appointees, officers, managers or directors of the Register or purporting to act in the name and on behalf of the Register, or any negligent inaccuracy, advice, report or evidence is given by or in the name or/and on behalf of the Register, then the liability of the Register is limited in respect of any direct or indirect claim whatsoever to an amount not exceeding five times the amount of the fee charged or chargeable by the Register for the relevant service.
  6. Where the fees are related to a number of services, the amount of fees shall be apportioned for the purpose of the calculation of the maximum compensation of the limited liability, as established by the preceding paragraph, in accordance with the estimated time involved in the performance of each service.
  7. Any liability for consequential damages is expressly excluded.
  8. These rules (General Conditions) are construed and interpreted in accordance with the English Law.
  9. Any dispute arising out of the services rendered by the Register shall be referred to the Permanent Arbitration Court with the Croatian Chamber of Commerce in Zagreb, Republic of Croatia.
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