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Nippon Kaiji Kyokai (ClassNK) - Antwerp Office - Belgium (ID: 24812)
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REGULATIONS FOR TECHNICAL SERVICES J a n u a r y 2 0 0 3 I REGULATIONS FOR TECHNICAL SERVICES CONTENTS Chapter 1 GENERAL PROVISIONS............................................................................................................. 1 1.1 Scope............................................................................................................................................... 1 1.2 General ............................................................................................................................................ 1 1.3 Terminology .................................................................................................................................... 1 Chapter 2 TONNAGE MEASUREMENT OF SHIPS .................................................................................. 2 2.1 General ............................................................................................................................................ 2 2.2 Application for tonnage measurement.............................................................................................. 2 2.3 Performance of tonnage measurement.............................................................................................. 2 2.4 Certificates ...................................................................................................................................... 2 Chapter 3 APPRAISALS RELATED TO DAMAGE OR ACTUAL CONDITION, ETC. OF SHIPS, STRUCTURES AND OTHER ITEMS......................................................................................... 3 3.1 General ............................................................................................................................................ 3 3.2 Application for appraisals ................................................................................................................ 3 3.3 Conduct of appraisals ....................................................................................................................... 3 3.4 Appraisal Reports............................................................................................................................ 4 Chapter 4 CERTIFICATION RELATED TO TESTS OR INSPECTIONS, ETC. OF SHIPS, STRUCTURES AND OTHER ITEMS......................................................................................... 5 4.1 General ............................................................................................................................................ 5 4.2 Application for certification ............................................................................................................. 5 4.3 Certification..................................................................................................................................... 5 4.4 Marking........................................................................................................................................... 5 4.5 Certificates ...................................................................................................................................... 5 Chapter 5 CONSULTANCY SERVICES FOR SHIPS, STRUCTURES AND OTHER ITEMS............... 6 5.1 General ............................................................................................................................................ 6 5.2 Application for consultancy ............................................................................................................. 6 5.3 Types of consultancy....................................................................................................................... 6 5.4 Performance of consultancy ............................................................................................................. 6 5.5 Reports ............................................................................................................................................ 6 Chapter 6 COMMISSIONED TESTS AND RESEARCH............................................................................ 7 6.1 General ............................................................................................................................................ 7 6.2 Application for research services ..................................................................................................... 7 6.3 Performance of research services ..................................................................................................... 7 6.4 Reports ............................................................................................................................................ 7 Chapter 7 SURVEYS BASED ON SERVICE AGREEMENTS WITH OTHER CLASSIFICATION SOCIETIES ................................................................................................................................... 8 7.1 General ............................................................................................................................................ 8 7.2 Application for surveys .................................................................................................................... 8 7.3 Conduct of surveys.......................................................................................................................... 8 7.4 Survey Reports ................................................................................................................................ 8 II Chapter 8 STATUTORY SURVEYS OF STRUCTURES, EQUIPMENT/MACHINERY AND OTHER ITEMS NOT MEANT FOR MARINE USE ................................................................................ 9 8.1 General ............................................................................................................................................ 9 8.2 Application for surveys .................................................................................................................... 9 8.3 Conduct of surveys.......................................................................................................................... 9 8.4 Marking ........................................................................................................................................... 9 8.5 Certificates ...................................................................................................................................... 9 Chapter 9 EMERGENCY TECHNICAL ASSISTANCE SERVICES........................................................ 10 9.1 General ......................................................................................................................................... 10 9.2 Application for ETAS registration ................................................................................................. 10 9.3 Conducts of ETAS ......................................................................................................................... 10 9.4 Report ........................................................................................................................................... 10 Chapter 10 OTHER TECHNICAL SERVICES ............................................................................................ 11 10.1 General ........................................................................................................................................ 111 10.2 Application for other services....................................................................................................... 111 10.3 Types of other services ................................................................................................................. 111 10.4 Performance of other services ...................................................................................................... 111 10.5 Reports ........................................................................................................................................ 111 Chapter 11 FEES AND EXPENSES............................................................................................................. 122 11.1 Fees ............................................................................................................................................. 122 11.2 Expenses...................................................................................................................................... 122 Chapter 12 CONDITIONS OF SERVICE ................................................................................................... 133 12.1 General ........................................................................................................................................ 133 12.2 Confidentiality............................................................................................................................. 133 12.3 Interpretation ............................................................................................................................... 133 Chapter 12 RESPONSIBILITY AND LIABILITY..................................................................................... 144 13.1 Liability ....................................................................................................................................... 144 13.2 Compensation.............................................................................................................................. 144 13.3 Claim for Loss, Damage or Expense ............................................................................................ 144 Chapter 14 PROPER LAW AND JURISDICTION .................................................................................... 155 14.1 Proper law and jurisdiction........................................................................................................... 155 Chapter 15 MISCELLANEOUS.................................................................................................................. 166 15.1 Disagreement............................................................................................................................... 166 15.2 Conditions of Service ..................................................................................................................... 16 Chapter 1 1 REGULATIONS FOR TECHNICAL SERVICES Chapter 1 GENERAL PROVISIONS 1.1 Scope NIPPON KAIJI KYOKAI (hereinafter referred to as "the Society") shall carry out technical services in accordance with these regulations. These regulations shall not apply to technical services prescribed separately. 1.2 General -1. The Society shall offer the technical services described below in accordance with the provisions of these regulations: (1) Tonnage measurement of ships; (2) Appraisals related to damage or actual condition, etc. of ships, structures and other items; (3) Certification related to tests or inspections, etc. of ships, structures and other items; (4) Consultancy services for ships, structures and others items; (5) Commissioned tests and research; (6) Surveys based on service agreements with other classification societies; (7) Statutory surveys of structures, equipment/ machinery and other items not meant for marine use; and (8) Other technical services. -2. Technical services shall be carried out based on the application submitted by a party (hereafter referred to as "applicant") requesting the relevant technical services prescribed in the chapters of these regulations. -3. The Society will accept the application if it deems the contents of the application to be in line with the technical services prescribed in these regulations. -4. If the Surveyor of the Society (hereinafter referred to as "the Surveyor") deems the preparations or the information required for carrying out technical services to be inadequate, or deems that risks exist, the relevant services may be discontinued. -5. The applicant shall furnish the Society with complete and correct information deemed necessary by the Society to carry out the technical services being requested. 1.3 Terminology The definitions of terms used in these regulations are as given below. (1) "Technical appraisal" refers to a service in which facts are collated and verified through investigations where the technical judgement of the Society is required. (2) "Technical certification" refers to a service in which facts are collated or verified based on classification rules, international conventions, national rules and regulations, or records of classification societies and then certified accordingly. (3) "Appraisal Reports" refers to documents issued by the Society when the technical appraisal is completed. (4) "Certificates" refers to documents issued by the Society when the technical certification is completed. (5) "Equipment/machinery" refers to shafting systems, propellers, engines, boilers, pressure vessels, piping systems, materials and other items. Regulations for Technical Services 2 Chapter 2 TONNAGE MEASUREMENT OF SHIPS 2.1 General The Society shall carry out tonnage measurements in accordance with the rules and regulations for tonnage measurements of ships described below. (1) Annex I of the International Convention on Tonnage Measurement of Ships, 1969 (2) Rules for the Measurement of Vessel for the Panama Canal (3) Rules adopted by the International Tonnage Commission at Constantinople (Rules of Measurement of Vessels for the Suez Canal) (4) Rules and regulations related to tonnage measurement of ships of various national governments (5) Rules and regulations related to tonnage measurement of ships other than those described above (excluding items related to deadweight tonnage) 2.2 Application for tonnage measurement -1. Tonnage measurements shall be carried out based on the application submitted by the shipowner, shipmanager, shipbuilder or other applicant deemed appropriate by the Society. -2. The applicant shall attach the documents listed below to the application form (Form 1) shown in the appendix of these regulations and submit the same to the Society. (1) General arrangement (2) Midship section plan (3) Steel construction plan (4) Hold construction plan (5) Capacity plan (6) Lines plan and offset table (7) Hatch coaming construction plan (8) Hatch cover construction plan (9) Forecastle construction plan (10) Poop construction plan (11) Deckhouse construction plan (12) Cargo handling appliances plan (13) Funnel construction plan (14) C.C. Mark Fitting Plan (15) Other drawings deemed necessary by the Society. -3. Notwithstanding the provisions of -2. above, the applicant may be exempted from submitting drawings for Survey of Classification. 2.3 Performance of tonnage measurement -1. The Society shall carry out tonnage measurement of ships for which applications have been received in accordance with the rules and regulations related to tonnage measurement of ships prescribed in section 2.1. -2. In principle, tonnage measurements shall be performed on site by a surveyor of the Society. -3. Notwithstanding the provisions of C2. above, the entire measurement on site or a part thereof may be exempted for ships to be registered with the Society, ships that have already been registered with the Society, and ships deemed appropriate for exemption by the Society. -4. The applicant shall ensure that a supervisor well-versed with the items to be measured is present during the actual tonnage measurements on site in order to assist the Surveyor, if necessary. 2.4 Certificates -1. The Society shall issue the certificates and relevant documents described below to the applicant once the tonnage measurements of the ship have been satisfactorily completed in accordance with section 2.3. (1) International tonnage certificate of the subject ship (or provisional International Tonnage Certificate), PC/UMS Documentation, Suez Canal Tonnage Certificate, and other tonnage certificates and documents of the government of the flag state where the ship is registered, based on the authority given by the government of the flag state (2) Tonnage certificate in the form separately prescribed by the Society in addition to the certificates described in (1) above -2. If the tonnage certificate and other documents are to be renewed due to changes occurring in the items described in the said documents, the relevant provisions in sections 2.1 to 2.3 shall be followed. Chapter 3 3 Chapter 3 APPRAISALS RELATED TO DAMAGE OR ACTUAL CONDITION, ETC. OF SHIPS, STRUCTURES AND OTHER ITEMS 3.1 General -1. The Society shall carry out the technical appraisals (hereinafter referred to as "appraisals" in this chapter) described below for ships, structures, equipment /machinery and the like. (1) Underwriter Survey (2) Condition Survey (3) Damage appraisal (4) Appraisal of seaworthiness (5) Appraisal of ship value (6) Design and strength appraisal (7) Other appraisals deemed appropriate by the Society -2. The Society may entrust a portion of the appraisal work to a duly qualified outside party, if it deems necessary. 3.2 Application for appraisals -1. The appraisals in 3.1-1. shall be carried out based on the application submitted by each of the respective applicants listed below. (1) Insurance company that has provided the hull insurance for the relevant ship, in the case of 3.1-1.(1). (2) An applicant who is the owner of the relevant ship, structure, equipment/machinery, and the like, or duly designated by the owner, in case of 3.1-1.(2) to 3.1-1.(6). (3) An applicant deemed appropriate by the Society for appraisals other than those described above. -2. The applicant shall attach drawings and other documents deemed necessary by the Society to the application form (Form 1) shown in the appendix of these regulations and submit the same to the Society. 3.3 Conduct of appraisals 3.3.1 Underwriter Survey -1. The Society shall carry out underwriter surveys concerning damage to ships. -2. The appraisal in -1. shall be carried out based on the request submitted by the applicant. The circumstances and condition of damage, repair method, causes of damage, repair expenses and completion of repair work shall be checked. 3.3.2 Condition Survey -1. The Society shall carry out the following types of Condition Survey. (1) Condition Survey of ships (2) Condition assessment -2. The appraisals in -1.(1) shall be carried out based on the request submitted by the applicant. The actual condition of the hull, machinery, and various equipment, the openedup condition of machinery, as well as the operation and maintenance records of machinery shall be assessed. -3. The appraisal in -1.(2) shall consist of the following: (1) Detailed visual examination of all structural members of the hull and plating thickness measurements at locations specified by the Society shall be carried out when the ship is in dry-dock or on slipway, and the condition of the hull shall be assessed. (2) Records related to actual condition, operation and maintenance status of machinery and various equipment shall be examined, and the condition of machinery and equipment shall be assessed. 3.3.3 Damage appraisal The Society shall carry out a damage appraisal of ships, structures, equipment/machinery, and the like based on the request by the applicant checking the circumstances and condition of damage in addition to the causes of the damage. 3.3.4 Appraisal of seaworthiness -1. The Society shall carry out appraisals of seaworthiness when the hull, machinery or other equipment of a ship is damaged (hereinafter referred to as a "damaged ship") and the ship is taken to a repair yard, or when a ship needs to sail beyond its established navigation area. However, in principle, appraisals of seaworthiness shall not be carried out when a damaged ship not classed by the Society is taken to a yard for repairs. -2. The appraisal in -1. above shall not include assessment of the skill, etc. of crews or other personnel. -3. The results of the Class Maintenance Survey shall be referred to when conducting appraisals of the seaworthiness of ships classed by the Society. Regulations for Technical Services 4 -4. Appraisals of the seaworthiness of ships not classed by the Society shall be carried out as described below. (1) Drawings and other documents required by the Society shall be examined. (2) Tests and examinations of hull, machinery, safety equipment and other equipment shall be carried out for the ship when it is in dry-dock or on slipway. The scope and extent of tests and examinations shall be as deemed appropriate by the Society after referring to the actual condition, age, service, survey records and other documents of the said ship. -5. Voyage precautions, service area restrictions, loading restrictions and other conditions such as period of validity shall be entered on the Appraisal Report. 3.3.5 Appraisal of ship value -1. The Society shall carry out appraisals of ship value based on the age of the ship. -2. The applicant shall submit documents deemed necessary by the Society when applying for an appraisal of ship value for a ship that is not classed by the Society. 3.3.6 Design and strength appraisal The Society shall carry out design and strength appraisals of ships, structures and equipment/machinery as specified by the applicant. 3.4 Appraisal Reports The Society shall issue appraisal reports to the applicant after completion of the appraisal. Chapter 4 5 Chapter 4 CERTIFICATION RELATED TO TESTS OR INSPECTIONS, ETC. OF SHIPS, STRUCTURES AND OTHER ITEMS 4.1 General -1. The Society shall carry out the technical certification services (hereinafter referred to as "certification" in this chapter) described below for ships, structures, equipment/ machinery and the like. (1) Certification of tests and inspections of structures, equipment and other items onboard ships. (2) Certification related to rules and standards for ships, structures, equipment/machinery and other items. (3) Other certifications deemed appropriate by the Society. -2. Certifications prescribed separately shall not be included in -1. above. -3. The Society may entrust a portion of the certification work to a duly qualified outside party, if it deems necessary. 4.2 Application for certification -1. The certifications described in section 4.1 shall be carried out based on the application submitted by each of the respective applicants listed below. (1) An applicant who is the owner of the subject ship, or duly designated by the owner of the subject ship, in the case of 4.1-1.(1) above. (2) An applicant who is the purchaser or receiver of the item, or who has obtained the agreement of either the purchaser or the receiver of the item, in the case of 4.1-1.(2) above. (3) An applicant deemed appropriate by the Society for certifications other than those described above. -2. The applicant shall attach drawings and other documents deemed necessary by the Society to the application form (Form 1) shown in the appendix of these regulations and submit the same to the Society. 4.3 Certification 4.3.1 Certification of tests and inspections of structures, equipment and other items onboard ships -1. The Society shall carry out tests and inspections of hull, machinery, safety equipment and other items specified by the applicant. -2. The contents and scope of the tests and inspections shall be based on the request submitted by the applicant. 4.3.2 Certifications related to rules and standards for ships, structures, equipment/machinery, etc. -1. The Society shall carry out certification services related to the rules and standards specified by the applicant for ships, structures, equipment/machinery, and the like. However, rules and standards shall be taken to mean recognized rules such as classification rules, conventions, international standards and national rules and regulations, or other rules and standards deemed appropriate by the Society. -2. Examination of drawings required for certification shall be carried out within the scope of the requirements of the applicable rules and standards for the drawings submitted by the applicant. -3. Inspection of quality, structures or performance of equipment/machinery shall be carried out, in principle, at the manufacturing plant or factory where the relevant item is produced. 4.4 Marking The Society shall carry out tests and inspections of structure, equipment/machinery, or other item in accordance with 4.3.2 above. Items that have passed these tests and inspections shall be stamped or embossed with the mark and other items deemed necessary. 4.5 Certificates -1. The Society shall issue certificates related to the results of examinations, tests or inspections to the applicant. -2. The certificate shall contain the type, scope, items and standards of the inspection, results of inspection and the details of stamp affixed on the article, based on the request by the applicant. If necessary, the results of tests or inspections shall also be attached to the certificate. Regulations for Technical Services 6 Chapter 5 CONSULTANCY SERVICES FOR SHIPS, STRUCTURES AND OTHER ITEMS 5.1 General The Society shall perform technical consultancy services (hereinafter referred to as "consultancy" in this chapter) related to the items described below. (1) Items related to the design, construction, repair, modification and maintenance of ships and structures. (2) Items related to the manufacture of equipment/machinery. (3) Other items deemed appropriate by the Society. 5.2 Application for consultancy -1. An application for consultancy shall be made by the manufacturer, owner or other person deemed appropriate by the Society by submitting a description of the consultancy service required. -2. The Society shall conclude a consultancy agreement with the applicant after discussing the contents of the application with the applicant. However, the consultancy agreement may be substituted by the application form (Form 1), which is shown in the appendix of these regulations, if the Society deems it appropriate. 5.3 Types of consultancy -1. The Society shall carry out the services described in (1) to (6) below as services related to the design, construction, repair, modification and maintenance of ships and structures. (1) Preparation of tender documents and drawings; (2) Assessment of results of tenders; (3) Examination of specifications and drawings of work; (4) Supervision of work; (5) Preparation of examination and materials, drawings, etc. for examination; (6) Other items deemed appropriate by the Society. -2. The Society shall carry out the services described in (1) to (3) below as services related to the manufacture of equipment/machinery. (1) Examination of designs (2) Inspection during manufacture (3) Control of manufacturing processes 5.4 Performance of consultancy -1. Consultancy services shall be performed based on the consultancy agreement concluded with the applicant. -2. The Society may appoint a duly qualified consultant to perform a portion of the consultancy services, if deemed necessary. -3. The Society may entrust a portion of the consultancy work to a duly qualified outside consultant, if it deems necessary. 5.5 Reports The Society shall issue reports to the applicant on the progress and results of the conduct of consultancy services performed based on the provisions set forth in the consultancy agreement. Chapter 6 7 Chapter 6 COMMISSIONED TESTS AND RESEARCH 6.1 General The Society shall carry out tests and research services (hereinafter referred to as "research services" in this chapter) as described below. (1) Tests or research related to ships, structures and equipment/machinery; (2) Computerized calculations using the Society's programs; (3) Tests for analyzing fuel oil and lubricating oil; (4) Other tests, research and calculations deemed appropriate by the Society. 6.2 Application for research services -1. The applicant shall present the contents of the request such as the type, scope and period of commissioned research services being requested in the application and submit the same to the Society. -2. The Society will conclude a research services agreement with the applicant after discussing the contents of the application with the applicant. However, the research services agreement may be substituted by the application form (Form 1), which is shown in the appendix of these regulations, if the Society deems it appropriate. 6.3 Performance of research services -1. The research services shall be carried out, in principle, at the Research Institute of the Research Center of the Society. However, they may be carried out at a location specified by the applicant, if the Society deems it appropriate. -2. The Society shall carry out the research services based on the research services agreement. The applicant may witness a portion of the performance of research services or the whole thereof, after obtaining the agreement of the Society. -3. The Society may entrust a portion of the research services to a duly qualified outside party, if it deems it so necessary. -4. When carrying out analysis tests of fuel oil and lubricating oil, the Society shall analyze the items specified by the applicant using the samples provided by the applicant. 6.4 Reports -1. The Society shall issue reports on the results of commissioned research services to the applicant. -2. In principle, the Society shall offer the applicant only the standard output data from its application program as part of the results of the commissioned computerized calculations. The Society shall not render any judgement on the results of the calculations based on the rules of this or any other society as being adequate or inadequate. -3. The applicant shall obtain the agreement of the Society before publishing the results of the tests, research or calculations described in -1. and -2. above. -4. The Society shall issue the results of the commissioned analysis tests on fuel oil and lubricating oil to the applicant. Regulations for Technical Services 8 Chapter 7 SURVEYS BASED ON SERVICE AGREEMENTS WITH OTHER CLASSIFICATION SOCIETIES 7.1 General The Society shall carry out surveys on behalf of other classification societies based on the service agreements concluded with each respective society. 7.2 Application for surveys -1. The applicant for survey of a ship shall be the manufacturer, owner, or a person duly designated by the manufacturer or the owner. For surveys of materials, machinery, equipment, etc., the applicant shall be the manufacturer, user, or a person duly designated by the manufacturer or the user. -2. The applicant shall enter the necessary details on the application form (Form 1) shown in the appendix of these regulations and submit the same to the Society. -3. If the Society has questions or concerns about any of the contents of the items to be surveyed or the surveys to be carried out, it shall consult the relevant classification society before accepting the application. -4. The Society may require the applicant to submit any necessary drawings for examination by the Society when accepting the survey application. 7.3 Conduct of surveys The Society shall carry out the survey in accordance with the provisions of the service agreement. 7.4 Survey Reports The Society shall issue the Survey Record or the Survey Certificate after completion of survey, in accordance with the provisions of the service agreement. Chapter 8 9 Chapter 8 STATUTORY SURVEYS OF STRUCTURES, EQUIPMENT MACHINERY AND OTHER ITEMS NOT MEANT FOR MARINE USE General -1. The Society shall carry out surveys of structures, equipment/machinery and other items not meant for marine use, described in items (1) to (4) below (hereinafter referred to as "surveys" in this chapter) based on the approved contents of the service agreement concluded with the applicant as a third-party organization recognized by the applicable national government. Examination of drawings of structures, etc. Inspection of structures, etc. Assessment of quality systems of manufacturer of equipment/machinery Other items deemed appropriate by the Society -2. The surveys set forth in -1.(2) above shall be considered as surveys during manufacture of structures, etc., in principle. -3. Notwithstanding the provisions of this chapter, the items to be surveyed that are separately prescribed in national rules or regulations shall be surveyed in accordance with the provisions set forth in the said rules or regulations. Application for surveys -1. The applicant for examination or survey shall be the manufacturer or purchaser of the subject structures, etc. or a person duly designated by either of the above. -2. The applicant shall attach specifications, drawings of structures, etc., and other documents related to the quality systems used in the relevant manufacturing plant, as deemed necessary by the Society, to the application form (Form 1) shown in the appendix of these regulations and submit the same to the Society. Conduct of surveys -1. Examination of drawings required for surveys of structures, etc. shall be carried out in accordance with the applicable national rules, standards and requirements for the documents submitted by the applicant. -2. In principle, the relevant structures, etc. shall be inspected based on the relevant national rules and regulations at the manufacturing plant or factory where the relevant item is produced. -3. Assessment of the quality system of the manufacturer of equipment/machinery shall be carried out in accordance with the applicable national rules and regulations. This shall include an examination of the documentation of the quality system applicable to the relevant manufacturing plant and the actual manner in which the quality system is being implemented in the plant. Marking If the structure, etc. after the survey is found to conform to the relevant national rules and regulations, the said item shall be stamped or embossed in accordance with the provisions of section 4.4 above. Certificates -1. If after survey the Society is satisfied that the structures, etc. conform to the relevant national rules and regulations, it shall issue the applicant a certificate indicating such conformance. -2. After carrying out an assessment of the quality system of the manufacturer of equipment/machinery, the Society shall issue the applicant a verification certificate for the quality system of the manufacturer, if the Society is satisfied that the quality system conforms to the relevant national rules and regulations. -3. The period of validity of the verification certificate for quality systems described in -2. above shall be for the period specified in the relevant national rules and regulations. Regulations for Technical Services 10 Chapter 9 EMERGENCY TECHNICAL ASSISTANCE SYSTEM 9.1 General The society shall carry out Emergency Technical Assistance System (hereafter referred to as ETAS in this chapter) described below for ship. (1) ETAS registration (2) ETAS performance (3) ETAS drill (4) Other work deemed appropriate by the Society 9.2 Application for ETAS registration -1. ETAS registration shall be carried out based on application submitted by shipowner, shipmanager or other applicant deemed appropriate by the society. -2. Application for ETAS registration shall be attached drawings and other documents deemed necessary by the society to application form (Form2) shown in appendix of this regulation and submitted to the society. -3. The society will issue a certificate of ETAS for a ship registered in the ETAS. 9.3 Conduct of ETAS -1. ETAS performance and ETAS drill shall be carried out for registered ships of ETAS. -2. ETAS performance shall be carried out on damage stability calculation and longitudinal hull strength calculation in order to ensure ship s safety and prevent or minimize of marine pollution when ship is serious casualty. -3. ETAS drill generally shall be carried out by application submitted by the ETAS client in advance. -4. ETAS are completed by the ETAS completion confirmation letter submitted from by the ETAS client. 9.4 Report The society shall make report the related countermeasure of casualty to the applicant by use correspondence . Regulations for Technical Services 11 Chapter 10 OTHER TECHNICAL SERVICES 10.1 General The Society shall carry out technical services other than those described in the chapters above (hereinafter referred to as "other services" in this chapter), as described below. Inspections on behalf of the purchaser of structures, equipment/machinery, or other items (hereinafter referred to as "representation services"); Summaries of the survey records of ships; and Other services deemed appropriate by the Society. 10.2 Application for other services -1. The application for the services described in 10.1(1) above shall be as follows. The applicant, who shall be the purchaser of the relevant structure, equipment/machinery, or other items, shall indicate the type of technical service required, its scope and period in the application for other services. The applicant shall submit the purchase order, purchase order specifications, drawings, applicable standards, etc., related to the item to be purchased, and other documents required for carrying out the service to the Society. -2. The applicant in 10.1(2) above shall be the owner of the relevant ship, or a person duly designated by the owner of the relevant ship. -3. The applicant in 10.1(3) shall be a suitable person recognized as appropriate by the Society. -4. The Society shall conclude a service agreement with the applicant after discussing the contents of the application with the applicant. However, the service agreement may be substituted by the application form (Form 1), which is shown in the appendix of these regulations, if deemed appropriate by the Society. 10.3 Types of other services -1. The following services shall be implemented as part of the services described in 10.1(1) above: inspection of the purchased item at the place of purchase; checking of the manufacturing plant where the ordered item is to be manufactured; technical studies related to the item to be purchased; and other services deemed appropriate by the Society. -2. Ship survey records retained by the Society shall be examined and summarized as part of the service described in 10.1(2) above. 10.4 Performance of other services -1. The Society shall carry out representation services based on the service agreement concluded with the applicant. -2. The Society may entrust a portion of the services to a duly qualified outside party to be carried out, if it is deemed necessary. 10.5 Reports -1. The Society shall issue reports to the applicant on the progress and results of the conduct of the representation services based on the provisions of the service agreement for the service described in 10.1(1) above. -2. The Society shall issue summarized reports to the applicant regarding the principal particulars of the relevant ship, survey history, damage and repair records, etc., for the service described in 10.1(2) above. -3. Separate discussions shall be held with the applicant regarding the service described in 10.1(3) above. C Regulations for Technical Services 12 Chapter 11 FEES AND EXPENSES 10.1 Fees The applicant shall be required to pay fees prescribed separately to the Society if either item (1) or (2) below applies: A technical service performed in accordance with these regulations; A certificate, an appraisal report or other report defined in these regulations is issued, reissued or a copy of an extract of the certificate or report is issued. 10.2 Expenses Travel expenses and other expenses prescribed separately, shall be charged by the Society when it carries out technical services based on the provisions of these regulations. Chapter 12 13 Chapter 12 CONDITIONS OF SERVICE 11.1 General 11.1.1 The conditions of services specified below shall apply to all services, information or advice relating to the technical services offered by the Society, and shall be deemed to be, and treated as being, incorporated in any contract or part thereof, and other arrangements entered into by the Society with any party. 11.1.2 The Society shall exercise due care and act in a professional and workmanlike manner when carrying out all services. 11.1.3 In addition to the provisions contained in the rules and regulations of the Society, all services, information or advice shall be offered subject to the conditions described below. Any document related to technical services issued as a result of surveys carried out by a surveyor of the Society shall reflect the condition of the relevant ship, structure, equipment, machinery, or other item at the time that said service is performed. Moreover, appraisal, certification or reporting that goes beyond the scope of the items contained in the relevant documents shall not be performed. Any document issued or information or advice relating to technical services provided by the Society shall be for the sole use of the applicant or other duly authorized entity, and not for the use of any other third party. 11.1.4 Nothing contained in the conditions or in any document, information or advice issued or provided in connection with or pursuant to the performance by the Society of its services, shall be deemed to relieve the manufacturer, owner, or other entity from any warranty or any other contractual obligations expressed or implied or from any fault whatsoever, nor to create any right, claim or benefit for any third party. 11.1.5 -1. All fees and expenses incurred for the services of the Society are due and payable within 30 days of the date of the invoice. Interest shall be charged at the rate of 5% per annum on any outstanding amount(s). -2. If the applicant cancels a request for service at their own convenience, fees and expenses for the portion of the service already performed shall be due and payable. 11.2 Confidentiality All documents and information provided to the Society are confidential and shall not, without the prior consent of the party providing such documents or information, be disclosed for any purpose other than that for which they have been provided. The results of services performed by surveyors of the Society shall also be treated as confidential, in the same manner as the above documents. However, the contents and/or copies of documents, information, or survey results may be disclosed if so required by court order, legal proceedings or if requested by a public organization, such as a national government having valid rights. 11.3 Interpretation The validity, applicability and interpretation of these regulations, and of any document, information or advice issued or provided by the Society, shall be determined by the Society at its sole and absolute discretion. Regulations for Technical Services 14 Chapter 13 RESPONSIBILITY AND LIABILITY 13.1 Liability Neither the Society nor any of its officers, directors, employees, agents or subcontractors shall be liable for any loss, damage or expense of any nature arising as a result of any negligent act, error or omission by the Society in the provision of services, information or advice. In providing services, information or advice, neither the Society nor any of its officers, directors, employees, agents or subcontractors warrant the accuracy of any information or advice provided. 13.2 Compensation Notwithstanding the provisions of clause 13.1 above, if a manufacturer, owner or applicant who has received services, information or advice from the Society suffers loss, damage or expense arising from provision by the Society of services, information or advice which is proved to have been due to a negligent act, omission or error on the part of the Society or any of its officers, directors, employees, agents or subcontractors, or to an inaccuracy in the information or advice given by or on behalf of the Society, the Society will pay compensation for the proved loss, damage or expense up to but not exceeding the amount of the fees charged and collected by the Society for the particular service, information or advice rendered. 13.3 Claim for Loss, Damage or Expense Any claim for loss, damage or expense described in clause 13.2 above shall be made in writing to the Society within six (6) months of the date on which said service, information or advice was first provided. Failure to submit any such claim for compensation within this time limit shall be deemed to constitute a waiver to such claim. Chapter 14 15 Chapter 14 PROPER LAW AND JURISDICTION 14.1 Proper law and jurisdiction The conditions under which these services are provided shall be governed by and construed in accordance with Japanese law. All disputes of any nature shall be submitted to the exclusive jurisdiction of the Tokyo District Court and Japanese law shall apply. Regulations for Technical Services 16 Chapter 15 MISCELLANEOUS 15.1 Disagreement If the applicant is dissatisfied or disagrees with the results of any technical service provided by the Society in accordance with the provisions of these regulations, the applicant may appeal to the Society in writing within thirty (30) days, counted from the next day following issuance of a document issued by the Society when the technical service completed, to have the matter examined. 15.2 Conditions of Service If the Society concludes a service agreement with the applicant after holding discussions on the contents of the service with the applicant, provisions concerning fees and expenses, conditions of service, responsibility and liability, proper law and jurisdiction, as well as the handling of disagreement described in these regulations shall be substituted by the relevant clauses on the service agreement. Appendix Form 1 No. Date: TO: NIPPON KAIJI KYOKAI APPLICATION FOR TECHNICAL SERVICES We acknowledge the provisions of REGULATIONS FOR TECHNICAL SERVICES of NIPPON KAIJI KYOKAI (NK) and request you to carry out survey for appraisal, certification or other technical service described below in accordance with the foregoing regulations. Name of *Ship /*Object: Particulars: (For Ship) Classification Number Official Number: Gross Tonnage: Flag: Port of Registry: Type of Ship: Name and Address of Owner: (For Object) Type of Object: Other ID: Serial Number: Quantity: Intended for: Type of Services: 1. Certification of Equipment Drawings Other (Applicable *codes /*standards /*regulations: ) 2. Appraisal of Condition *On /*Off Hire Damage Seaworthiness Ship s Cost Estimation Other 3. Other (Please describe): Date and Place of Services: From to at (Tel.: Fax: ) We also request you to issue the following documents as marked in the applicable boxes. Certificate: Equipment Drawings Other Appraisal Report: Condition *On /*Off Hire Damage Seaworthiness Ship s Cost Estimation Other Other (Please describe): We agree to pay all survey fees and expenses incurred as a result of the above-mention services regardless of whether the results of the services are acceptable or not. Name of Company: Address: Tel.: Fax: Signature of Applicant: (Note) * Delete as appropriate. Tick each applicable box. If this form is unsuitable for the service desired, please use the application form prescribed separately. Form 2 TO: NIPPON KAIJI KYOKAI Date: APPLICATION FOR REGISTRATION FOR EMERGENCY TECHNICAL ASSISTANCE SERVICE (ETAS) We acknowledge the provision of REGULATION FOR TECHNICAL SERVICES of NIPPON KAIJI KYOUKAI (NK) and request you to register the following vessel for EMERGENCY TECHNICAL ASSISTANCE SERVICE (ETAS) of class NK: Name of Ship: __________________________________________________________________________________ Particular: Classification number: ________________________ Call Sign: ____________________________________ Type of Ship: _________________________________ Nationality ___________________________________ Gross Tonnage: _______________________________ Owner and Address:___________________________ Sister ship registered for ETAS Name and Class No. Attached plan and documents (each one copy) Lines General Arrangement Midship Section Construction Profile Loading Manual Stability Information Piping system with pump capacity Name of Company:______________________________________________________________________________ Address: _______________________________________________________________________________________ Tel: __________________________________________ Fax:_____________________________ January 2003 REGULATIONS FOR TECHNICAL SERVICES Published in January 2003 Published by Marine and Industrial Service Department 1-8-5 OHNODAI, MIDORI-KU, CHIBA 267-0056, JAPAN TEL: +81-43-294-6131 FAX: +81-43-294-7212 Copyright, .2000 by NIPPON KAIJI KYOKAI Printed in Japan Nippon Kaiji Kyokai (ClassNK) - Antwerp Office - Belgium