|In this application: i) "KR" means Korean Register, Korean Register's surveyors and employees; ii) "services" means any and all services provided by KR including approval of manufacturing process, type approval, survey for materials, equipment and components, etc. in general; iii) "products" means objects of the services including materials, equipment and components in general; iv) “the Client" means the stakeholders related to the product such as designers, manufacturers, suppliers, etc.
|Duties of the Client
|The Client is to ensure all necessary measures for inspections in accordance with the requirements of the Rules under its responsibility.
|Any information, drawings, etc. required for the performance of the services must be made available by the Client in due time.
|The Client has a duty to provide a safe place of work for KR in accordance with its HSE instructions. This duty relates to places of work which are under the control of the Client that may include factories and offices.
|It is incumbent upon the Client to maintain conditions of the products after services and to inform KR without delay of circumstances which may affect results of the services.
|The Client shall comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption.
|Duties of KR
|KR shall not be affected by the designers, manufacturers, suppliers and any other individuals of any item in the services and shall perform its works for the Clients fairly from independent position.
|KR shall comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption.
|KR shall comply with the Client's HSE instructions.
|Competence of KR
|KR can provide services at all reasonable times despite the time requested by the Client.
|KR may refuse the request for the services and nullify the services already provided, if KR in its sole discretion considers that the Client does not fulfill its duty.
|KR may confirm specific items in addition to the requirements of the Rules, if deemed necessary by the condition of the product.
|KR assesses only compliance with the applicable KR Rules, international conventions and/or flag administration requirements and other standards, to the extent agreed in writing.
|KR only is qualified to apply its Rules and to interpret them. Any reference to them has no effect unless it involves KR's intervention.
|The Services of KR are carried out by qualified Surveyors according to the applicable Rules and the Code of Ethics of KR. Surveyors have authority to decide matters related to suitability of the services, in their sole discretion, unless otherwise specified in the Rules.
|Unless otherwise agreed, KR may at any time substitute surveyors assigned to the Work, provided that any replaced surveyors are suitably qualified.
|Liability of KR
|KR is to be responsible for damage or loss incurred by the Client arising from a negligence of KR. The liability will be limited to 10 times the sum actually paid for the services.
|The limitation on liability specified in Par 6.1 does not apply in case of a willful act or imprudent feasance despite being cognizant of the fact that there is a concern for damage, or nonfeasance.
|Rights of claims against the services provided by KR are to become nullified after 6 months from the date when the Client had notice of the damage.
|All disputes which may arise from the services provided by KR are to be subject to the exclusive jurisdiction of court of Republic of Korea and be governed by the Laws of Republic of Korea.
|Personal liability of the organs of KR or persons to whom KR resorts to perform its obligations is excluded except in case of their wilful misconduct or gross negligence.
|KR is only responsible for the services it has performed directly.
|The Client shall indemnify and hold harmless KR from and against any Claims in respect of:
|Client’s breach of Obligations
|Any abuse of the Deliverable issued under this Contract.
|Use of information
|KR may release specific information related to the approval status. This information may be published on KR's web-site or other media and may include the information related to kinds of all services performed by KR, dates and places, the expiration date of all certificates issued by KR.
|KR may provide the copy of the submitted plans and documents when considered necessary by KR at the request of the Client.
|KR reserves the right to charge fees for the services provided and for any work that is additional to that originally quoted.
|If the services are terminated by KR or the Client before the services are completed, fees will be calculated on a pro rata basis up to the date of termination.
|In the event of non-payment of fees, the services provided may be suspended or withdrawn.
|KR may charge overdue interest on any amount remaining unpaid beyond the due date as described in the concerned invoice.
|Neither party shall be in breach of this Contract, nor liable for any failure or delay in performance hereunder if the cause of such failure or delay is attributable to events beyond the reasonable control of the affected party, including but not limited to armed conflict, terrorist attack, civil war, riots, toxic hazards, epidemics, natural disasters, extreme weather, fire, explosion, failure of utility service, labour disputes, breakdown of infrastructure, transport delays, or any public restrictions following any of the incidents above, or any other force majeure occurrence.
|In the event of a force majeure occurrence, the affected party shall notify the other party without undue delay of the particulars of the situation and the estimated duration. Either party shall be entitled to terminate the Contract with immediate effect should the force majeure occurrence endure for more than thirty (30) days.