1. Scope
1.1 These terms apply to all services provided by DENIS – Deutschland Nautical Inspection Services — in particular marine surveys, ship and cargo inspections, draft and bunker surveys, audits, supervision and marine consulting.
1.2 Our services are directed exclusively at entrepreneurs within the meaning of Section 14 BGB, legal entities under public law and special funds under public law. We do not contract with consumers.
1.3 Terms of the client that conflict with or deviate from these terms do not apply unless we have expressly agreed to them in writing.
2. Formation of contract
2.1 Our quotations are non-binding. A contract is formed when we confirm an order in writing (e-mail is sufficient) or when we commence performance.
2.2 Nominations at short notice may be accepted by telephone; we will confirm them in text form.
3. Scope of services
3.1 We render our services with the due care of a professional surveyor. We owe the careful performance of the survey, not a specific commercial outcome.
3.2 A survey is a visual, non-destructive assessment of the condition at the time and place of the inspection, limited to the areas that were safely and reasonably accessible. It is not a guarantee of the condition of the vessel or cargo, nor a warranty of seaworthiness, cargo worthiness or fitness for purpose.
3.3 Areas that are not accessible, not opened, covered, unlit or unsafe are not covered by the survey. We are not obliged to enter enclosed spaces, work at height or dismantle any part of the vessel or cargo.
3.4 Quantities, weights and calculations determined by survey are estimates carried out to customary industry standards and within their inherent tolerances.
3.5 We may engage suitably qualified subcontractors.
4. Client’s obligations to cooperate
4.1 The client shall provide, in good time and free of charge: safe access to the vessel, cargo and relevant areas; all necessary documents, plans and information; and a safe working environment in accordance with applicable health and safety rules.
4.2 The client shall inform us without delay of any known hazards.
4.3 If cooperation is not provided, is late or is incomplete, we are not liable for any resulting delays, additional costs or limitations of the survey findings.
5. Reports
5.1 Reports are prepared exclusively for the client and for the agreed purpose. They may not be passed on to third parties, published or quoted in part without our prior written consent.
5.2 No third party may rely on our reports. We accept no liability towards third parties who obtain a report with or without our consent.
5.3 Where a report is disclosed to a third party with our consent, the client shall indemnify us against any claims brought by that third party, unless we have acted with intent or gross negligence.
5.4 Where the report contains an opinion, it reflects our professional assessment at the time of issue on the basis of the information then available.
6. Fees and payment
6.1 Unless otherwise agreed, our services are charged at our applicable rates plus statutory VAT where applicable. Waiting time, standby, cancelled attendance, travel, accommodation and third-party costs are charged separately.
6.2 Invoices are due within 30 days of the invoice date without deduction.
6.3 In the event of late payment we are entitled to statutory default interest under Section 288 (2) BGB and to a flat-rate default charge under Section 288 (5) BGB.
6.4 The client may only set off against claims that are undisputed or have been finally determined by a court.
7. Cancellation and delay
7.1 If an attendance is cancelled at the client’s instigation, or if the vessel or cargo is not available at the agreed time, we may charge 50% of the agreed fee, plus expenses already incurred, if cancellation occurs less than 24 hours before the agreed time.
7.2 We are not liable for delays caused by weather, port operations, authorities, the vessel or third parties.
8. Limitation of liability
8.1 We are liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, and under the German Product Liability Act.
8.2 In the case of slight negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the client may regularly rely. In such cases, liability is limited to the typical, foreseeable damage.
8.3 Our total liability per claim is limited to the amount of the fee agreed for the relevant assignment, and in aggregate per calendar year to (aggregate annual liability cap in EUR: to be completed shortly).
8.4 Liability for indirect damage, consequential loss, loss of profit, loss of use, demurrage, delay damages, loss of production and pure financial loss is excluded, except in the cases set out in clause 8.1.
8.5 The above limitations also apply in favour of our employees, subcontractors and other agents.
9. Limitation period
Claims against us become time-barred one year after the statutory limitation period commences, except in the cases set out in clause 8.1, where the statutory period applies.
10. Confidentiality
Both parties shall treat as confidential all commercial and technical information received from the other party which is not publicly known, and shall not disclose it to third parties without consent. This does not apply to disclosures required by law or by a competent authority.
11. Force majeure
Neither party is liable for non-performance caused by events beyond its reasonable control, in particular war, strike, port closure, extreme weather, official orders or epidemics. Deadlines are extended accordingly.
12. Final provisions
12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Where applicable, internationally recognised maritime conventions and regulations adopted under the International Maritime Organization (IMO), as well as other applicable international maritime laws and conventions, shall be taken into consideration.
12.2 The exclusive place of jurisdiction is Bremen, provided the client is a merchant, a legal entity under public law or a special fund under public law. We are also entitled to sue at the client’s general place of jurisdiction.
12.3 Amendments and additions to these terms require text form.
12.4 Should any provision be or become invalid, the validity of the remaining provisions is unaffected.
Version: July 2026