Unless otherwise specifically agreed to in writing, Camin Cargo Control (hereinafter called "the Company"), undertakes services in accordance with these general terms, conditions and provisions (hereinafter called "General Conditions") and accordingly all offers or tenders of service are made subject to these General Conditions. All resulting contracts, agreements or other arrangements will, in all respects, be governed by these General Conditions, except only to the extent that the law of the place where such arrangements or contracts are made or carried out shall preclude any of the General Conditions and in such case such local law shall prevail wherever, but only to the extent that, it is at variance with these General Conditions.
Inspection is the process whereby the Company, using its knowledge and expertise, examines or observes commodities, products, services, procedures, or operations for the purpose of providing information to the Principal and/or the Principal's designees.
All enquiries and orders for the supply of services must be accompanied by sufficient information, product specifications and instructions to enable the Company to evaluate and/or perform the services required. The Company will provide services in accordance with such methods as the Company shall consider appropriate on technical, operational and / or financial grounds.
Services provided by the Company for its clients, including the reports issued, used and/or relied upon by these clients shall be subject to the following terms and conditions:
1. SERVICES. Camin Cargo Control warrants that its services shall be performed in a workmanlike manner consistent with that level of care and skill ordinarily exercised by other companies providing like services under similar circumstances. The Principal to ensure that instructions to the Company and sufficient information are given in due time to enable the required services to be performed effectively. Special services that exceed the scope of standard services as referred to in General Conditions will only be undertaken by the Company by particular arrangement.
2. CONTRACTOR. Camin Cargo Control acts solely as an Independent Contractor in performing services. The Company shall be entitled, at its discretion, to delegate the performance of the whole or any part of the services contracted for the Principal to any agent or subcontractor.
3. CLIENT RESPONSIBILITY. Client is responsible for conditions in and about the site and for advising Camin Cargo Control of the same and of all information required to enable Camin Cargo Control to perform its services safely and efficiently.
4. NO GUARANTEES. Camin Cargo Control expressly advises that it is neither an insurer nor guarantor of the quality or quantity of any inspected or analyzed product and disclaims any liability in such capacity. Principals seeking a guarantee against loss or damage should obtain appropriate insurance. The total liability of Camin Cargo Control, its officers, employees, agents or sub-contractors for any loss or damage arising from performance or non-performance of work, whether by breach of contract, negligence or otherwise shall be limited to the total amount paid or payable by the client for such work. To the maximum extent permitted by applicable law, Camin Cargo Control negates and disclaims all implied warranties, whatsoever, including without limitation, all implied warranties of merchantability, condition, durability, design, capacity, operability or fitness for a particular purpose. Any of our clients seeking greater protection from loss or damage than is provided for herein should obtain appropriate coverage.
If the requirements of the Principal(s) necessitate the analysis of samples by the Principal's or by any other third party laboratory; the Company will pass on the result of the analysis, but without responsibility for its accuracy. Likewise, where the Company is only able to witness an analysis by the Principal's or by any third party's laboratory; the Company will provide confirmation that the correct sample has been analyzed, but will not otherwise be responsible for the accuracy of any analysis or results.
5. LIMITS. Camin Cargo Control reports are prepared for the sole use of its clients. These clients shall be considered to be only those customers being invoiced for our services. Any other party obtaining or relying on a Camin Cargo Control report, other than our client, does not constitute any representation of facts contained in the report by Camin Cargo Control.
6. HOLD HARMLESS. Client releases and shall save, indemnify, defend and hold Camin Cargo Control, its employees, officers, directors, agents, affiliates and subsidiaries harmless from and against any and all liabilities, losses or damages, claims, demands, causes of action, suits and associated expenses (including, but not limited to all court costs, expert witness fees, investigative expenses and attorneys' fees) and awards arising in favor of Client or any third party as a result of, and/or in any way occurring, incident to, arising out of, or in connection with the performance of services by Camin Cargo Control pursuant to this Agreement and/or the transportation, handling, or disposal of Customer's Hazardous Materials: (i) injury, disease, or death to persons, (ii) damage to, loss of, or loss of use of property, and/or (iii) financial loss of every kind or character. Further, this indemnity shall specifically apply to losses, claims, damages, liabilities, awards, demands, litigation expenses, suits or causes of action of every kind and character arising out of or in connection with the negligence or breach of contract by any indemnified Person, whether actual or alleged, in the performance of services under this Agreement. In no event shall Camin Cargo Control be liable to Client for indirect, punitive, special, incidental, or consequential damages (including, without limitation, loss of profit or business interruption). Litigation expenses or other fees (including without limitation, attorneys' fees, court cost, and/or pre- or post-judgment interest), or any other expenses or costs incurred by Client or any other party in any litigation against or involving Camin Cargo Control or any Indemnified Person in connection with this Agreement or any service provide under this Agreement even if Client is the prevailing party.
All claims against Camin Cargo Control must be made in writing and be within 45 days of the delivery of the report covering such work. Failure to give written notice of claim within such 45 days shall constitute a bar or irrevocable waiver of any claim, either directly or indirectly, in contract, tort or otherwise in connection with the performance of the work or services involved.
7. HAZARDOUS SUBSTANCES. In order for Camin Cargo Control to perform the services requested by Client, Client will provide and Camin Cargo Control will receive sample materials for analyses, or any other hazardous or toxic materials, wastes and substances which are defined, determined or identified as such under any federal, state or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) or any judicial or administrative interpretation of any thereof (The "Hazardous Materials"). Client understands and agrees that any Hazardous Materials received by Camin Cargo Control from Client or at Client's request shall remain the property of Client and that upon completion of Camin Cargo Control 's services, Camin Cargo Control will dispose all unused portions of samples as specified by Client. In the event Client does not specify its preferred method of disposal, Camin Cargo Control will return to Client all unused samples which contain Hazardous Materials, excluding finished gasoline and diesel samples. Camin Cargo Control reserves the right to charge Client for the disposal of unused samples in accordance with Camin Cargo Control's current sample disposal policy.
8. PRICES. Unless otherwise agreed to in writing, Customer shall pay Camin Cargo Control in accordance with the Company’s applicable Schedule of Rates in effect as of the date the services are rendered. The Schedule of Rates are subject to change at any time without notice. In the event that any unforeseen problems or expenditure arise in the course of carrying out any of the contracted services, the Company shall be entitled to make additional charges to cover additional time and cost necessarily incurred to complete the service.
The Principal shall not be entitled to retain or defer payment of any sums due to the Company on account of any dispute, cross claim or set off which it may allege against the Company.
9. TAXES. Any tax or levy, whether now in force or enacted or levied in the future, except a tax based on Camin Cargo Control 's net income, based on or measured by the charges for the services furnished hereunder shall be in addition to the charges specified in the Schedule of Rates and shall be paid by Client. All taxes, duties, or other governmental charges assessed outside the United States shall be reimbursed by Client.
10. SEVERABILITY. Should any provision of the General Conditions be held invalid, illegal or unenforceable, such action shall not affect any other provision of the General Conditions
11. FORCE MAJEURE. Camin Cargo Control shall not be responsible for delay or failure to perform the services pursuant to this Agreement due to causes beyond its control.
12. ENTIRE AGREEMENT. The General Conditions and any applicable Schedule of Rates represent the entire Agreement of the parties. Camin Cargo Control shall not be bound by any prior or contemporaneous oral or written understanding, agreement or Customer purchase orders with respect to the service to be performed pursuant to this Agreement.
13. AGREEMENT MODIFICATIONS. Changes, modifications, amendments or waivers to the General Conditions shall be effective only if in writing and executed by an officer of Camin Cargo Control and by the Client's authorized representative.
14. LEGAL WITNESS PROCEEDINGS. Should Camin Cargo Control or any of its employees be called to testify (whether at a trial, deposition, administrative proceeding, or other use), participate in discovery, or otherwise assist in any dispute between Client and any third party with respect to Camin Cargo Control 's work or services, and whether or not Camin Cargo Control or its employees shall have been subpoenaed to testify or assist, Client shall pay Camin Cargo Control's then current applicable rates, charges and other fees for such services.
15. PROVISIONS. The Provisions listed overleaf are to be considered part of these Terms & Conditions.
1. Unless otherwise indicated, our standard services are performed under the guidelines of the International Federation of Inspection Agencies (IFIA) and in accordance with current API and ASTM guidelines as well as standard operating procedures consistent with federal and state governmental regulations.
a. Measurements - Witnessing or taking physical measurements of cargoes on vessels, shore tanks, automatic equipment and/or meters both before and after loading/discharge for quantity determination (API Chapter 3 and 17).
b. Shore/Vessel Pipeline Verification - Evaluating the condition of the shore/vessel pipelines (API Chapter 17.6 including "Agreed Tolerance").
c. Vessel Tank Inspections - Tank inspections prior to loading or after discharge, including visual inspections from deck level and soundings or ullages from official gauge points (API Chapter 17.8).
d. Quantity Determination - Calculations of quantity are performed on-site, on-board with the vessel representative in charge and ashore with terminal personnel (API Chapter 12.1).
e. Sampling - Witnessing or performing the drawing of all official samples necessary for proper inspection from vessel tanks, shore lines, and automatic samplers. Samples include up to one gallon per shore tank and a one-quart average sample from the vessel/barge tanks (excluding RFG EPA Certification) (API Chapter 8.1).
f. Time Log - Principal events related to custody transfer are documented.
g. Reporting – Detailed reports to be sent via email or fax upon confirmation. Unless otherwise instructed, final reports are sent electronically or via first class mail to Principals.
Every effort is made to prevent or reduce qualitative risks and quantitative loss of cargo. In the arena of field measurement there are certain conditions that are encountered which may affect the accuracy of quantity, quality and other services. Camin Cargo Control will take all actions to ensure the integrity of the above. However, in many instances, circumstances and conditions are outside of our control. Below is a list of frequently encountered conditions that may fall into this category. We have supplied the relevant
API Chapter for reference.
Subject API Reference
a. Active Shore tanks VEF Calculations API Chapter 17 - Section 9
b. Blending onboard barge/ship tanks API Chapter 17.1.7.1.2
c. Closed System Gauging Vessel tanks API Chapter 17 - Section 2.6
d. Closed System Sampling Vessel tanks API Chapter 8 - Section 1 7.4 & 17 2.6
e. Fullness of Shore Pipelines API Chapter 17 - Section 6
f. Gauging—vessel in motion API Chapter 17 - Section 2.5.2.2
g. Homogeneity Vessel Sampling API Chapter 17.1.7.2.4.1
h. Shore tank "critical zone" API Chapter 3.1A 8.3.7 & 17.1.12.2.2
i. Shore tank Roof "ice, snow and rainwater" API Chapter 3.1A 8.3.7
j. Shore tank--Surface Crusting API Chapter 3.1A 8.3.10
k Shore tank—Standpipes and Gauging API Chapter 3.1A 8.2.4 & 8.3
l. Vessel tanks Inspection for Cleanliness API Chapter 17 - Section 8
m Vessel tanks Small Volumes Single Point Gauge API Chapter 17 - Section 4
2. Customer and Third Party language in sales contracts, which reflect commercial decision’s regarding "billable quantities", are not the responsibility of Camin Cargo Control. In case of contractual differences, all quantities will be reported on the final summary report. Contractual differences may include, but are not limited to, the following: product level in shore tank below critical zone, product level in shore tank in critical zone, inability to strike actual gauge height, inability to confirm fullness of terminal lines, unslotted gauge pipes, gains and losses, VEF application, etc.
3. Camin Cargo Control has no authority over terminal operational procedures and does not assume any liability for their decisions or actions. Our ability to operate in these locations is governed by individual terminal procedures and directives. Mitigating Factors may include, but are not limited to, the following: use of shell correction factors, accuracy of shore tank calibration tables, water and snow on external floating roof, bottom flexing, unslotted gauge pipes, inability to confirm fullness of terminal lines, inability to climb shore tanks due to unsafe conditions, etc.
4. Camin Cargo Control does not assume any responsibility or liability for testing performed on samples obtained from a closed system sampling device, bleeders or spigots. Samples obtained by these methods may not constitute representative samples.
5. If requested, Camin Cargo Control performs "stop gauge calculations" for comparison purposes only. Responsibility is limited to reasonable care. The terminal and/or vessel are responsible for the calculation and observation of the "stop gauge" measurement, pumping, stopping and valve setting.
6. Stated product identification in any Camin Cargo report is based solely on information supplied by the Customer and Camin Cargo Control disclaims any responsibility for the accuracy of the information. Testing is performed as per Customer supplied instructions and not to determine the marketability of the product.
7. In the event of a quality dispute, ASTM D-3244 will be the reference for compliance specification.
8. For Quality Control and Conformance to Specifications purposes, samples are tested according to the most current standard laboratory test method available at time of testing unless stated otherwise.
9. Multiple measurements of the same property of a specific sample by a given test method rarely give identical results. Each result, however, has equal validity and cannot be arbitrarily discarded. If more than one result is obtained for the same property of a specific sample by a given test method, then Camin Cargo Control will apply sound scientific principals or prevailing industry protocol in order to determine the reportable result. International standards such as ISO 4259, ASTM D-3244, IP-367, etc. can also be used in case of dispute between buyer/seller should process be agreed to by the parties.
10. In case of equipment malfunction or if a particular Camin Cargo Control laboratory does not have the necessary equipment to run a specific test, the samples may be sent at the client’s cost to a different laboratory for testing.
11. If the Customer request the analysis of samples by a third party or the Customer’s own laboratory, Camin Cargo Control will pass on the results without any responsibility for their accuracy.
12. All domestic reports will be maintained for a period of three (3) years. All import/export reports, as required by US Customs, will be maintained for a period of five (5) years.
13. Payments are due within 30 days of the date of the invoice. Customer agrees that each of its past due accounts shall be charged a monthly Finance Charge equivalent to the highest legal applicable rate. Customer further agrees that if any of its accounts are placed for collection, Camin Cargo Control shall be entitled to collect reasonable collection fees and court cost from Customer.