Conditions of business for weather consultancy
TERMS OF SERVICE
- Service is available 24 hours, 365 days a year. In most cases, telephone enquiries can be answered immediately.
- Tokens can be bought in batches and remain valid for 365 days.
- A full refund is available if a written request is made to firstname.lastname@example.org by the customer within 7 days of online payment for tokens. A refund cannot be processed if tokens have been used from the purchased batch.
- We are not able to refund individual tokens or any part of a token batch.
- The charge for a telephone call is one token based on a nominal 5 minute discussion with the forecaster for any location within NW Europe. There may be an additional charge for forecasts for other worldwide locations.
- Emailed text forecasts:
- Email forecast rates are based on an output of a normal three to five day forecast for a site. If the request is for more days then extra tokens will be charged this is charged at one token per extra page.
- A request for a STANDARD response-time forecast is charged at three tokens and will be delivered within two hours.
- A request for a PREMIUM response-time forecast is charged at four tokens and will be delivered within one hour.
- Email forecasts can be arranged in advance (minimum three hours’ notice required for guaranteed delivery time). You will then be charged at the STANDARD rate.
- The charge for a basic one page climatological hindcast report is three tokens
Please contact Fugro GEOS for a quote for hindcast reports on past weather for insurance claims or lost time on a set caused by the weather.
DEFINITIONS & INTERPRETATION
In this Agreement (as hereinafter defined) the following words and expressions shall have the meanings hereby assigned to them:
'Agreement' means these Standard Terms and Conditions together with any quotation prepared by Fugro GEOS.
'Client' means the Company, firm, person or other body utilising the weather forecasting service or weather related studies.
'Fugro GEOS' means FUGRO GEOS LIMITED.
These Conditions of Business constitute the entire Agreement between Fugro GEOS and the Client to the exclusion of all other representations, statements, conditions, terms, warranties whether expressed, implied, statutory or otherwise except any implied by law or statute and which by law cannot be excluded. While the parties hereto believe (in all of the circumstances known to them at the date of entering into this agreement) that the provisions hereof are reasonable as to all of their terms; if a court shall determine that any one or more of the provisions hereof are unenforceable for any reason, such provisions shall be deemed to be severed from the body of these conditions such that the remaining provisions shall continue to stand and be enforceable between the parties hereto.
Neither party shall, without the consent in writing of the other, assign or purport to assign, or make over or dispose of in any way whatsoever any of its rights or obligations contained herein or resulting herefrom. Fugro GEOS shall however be entitled to sub-contract elements of the duties to be undertaken hereunder but on the understanding that Fugro GEOS shall remain responsible for the carrying out of such duties and shall be liable for the actions of the parties employed by it in accordance with the terms hereof.
These Conditions of Business shall prevail notwithstanding any variance or conflict with the conditions sought to be imposed by any other party. Variation or changes shall only be effective if made in writing specifically for such purpose, and signed by a duly authorised representative of both parties.
Prices and rates quoted in proposals or Order Acknowledgements comprise the net amounts to be received after payment of any sales or value added taxes, withholdings, customs duties or any other taxes or duties whether similar or dissimilar to the foregoing.
TERMS OF PAYMENT
Payment of the price or fees and expenses shall be made within 30 days from the date of invoicing. Failing such, interest at the rate of 2% per month will be chargeable on the outstanding balance until such time as it is paid in full.
EXPENSES AND DISBURSEMENTS
All expenses and disbursements incurred in carrying out the work will be charged at cost plus 10%.
Either party may terminate this agreement at any time by giving 60 days notice in writing to the other party. In the event of termination Fugro GEOS shall be paid all fees and costs incurred up to the date of termination, together with all costs of settlement of any outstanding obligation.
Any delay in the performance by a party hereto of any obligation hereunder necessarily arising from an event not reasonably foreseeable by and beyond the control of the said party shall be deemed not to be a breach of contract. If the delay shall continue for a period of 30 days either party shall be entitled to terminate this agreement by giving seven days written notice to the other party. Fugro GEOS shall continue to be entitled to all fees and costs incurred up to the date of termination.
The Client acknowledges and agrees the weather forecasting services to be provided by Fugro GEOS, which are the subject of this offer, are limited to those based upon meteorological and oceanographic analyses. Such analyses are of a predictive nature and, as a result, contain elements of uncertainty for which no assurance can be given. Therefore, it is agreed that Fugro GEOS shall have no liability for any damages arising out of or caused by actions or forces of nature whether or not these were predicted by Fugro GEOS.
- The Client hereby accepts liability for and indemnifies Fugro GEOS against any and all claims losses, damages, costs or liabilities of any sort in respect of or arising out of:
- Death, sickness or injury to any employee, officer or agent of any member of the Client Group;
- Damage to or loss of any property or equipment owned, leased or belonging to any third parties and used by any member of the Client Group, regardless of cause including the sole or contributory negligence of any one or more of any member of the Fugro GEOS Group or any of their respective servants, agents or employees.
- Advice and information, in whatever form it may be given, is provided by Fugro GEOS for the Client only and the Client shall indemnify and defend Fugro GEOS against any liability, claims, loss, damage, costs or expenses arising as a result of any other person relying upon such advice or information, except when special arrangements have been previously made in writing.
- Advice and information which is not required by this contract is provided gratuitously and will not subject Fugro GEOS to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
In the event that Fugro GEOS shall at any time expressly or by implication waive any of its rights contained herein, such waiver shall not be deemed to prejudice in any way the enforcement of such right on a subsequent occasion.
RIGHTS OF THIRD PARTIES ACT
No terms of this contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this contract.
This contract shall be governed by and construed and interpreted in accordance with English law and the parties hereto irrevocably submit to the jurisdiction of the High Courts of Justice in England.