Our terms and conditions

What to expect from Eagle Shipping Services

When partnering with Eagle Shipping Services (ESS), customers can expect high-tier, specialized New Zealand marine expertise. Our core promises include:

• Deep industry expertise: Benefit from over 20 years of global maritime experience combined with a decade of local New Zealand port knowledge.
• Tailored solutions: We offer flexible, practical oversight specifically adapted to local port conditions, vessel types, and timber/log export needs.
• Rigorous safety and precision: We provide highly accurate  surveys and uncompromising safety inspections to maximize vessel intake safely.
• Operational integrity: Expect independent, reliable structural and technical reporting to protect assets during charters or handovers.

Eagle Shipping Services Limited – Standard Terms and Conditions

Welcome to Eagle Shipping Services Limited (ESS). These Terms and Conditions govern the relationship between ESS and our Clients. By instructing ESS to perform services, you agree to be bound by these terms.

1. Definitions and Interpretation

• "ESS" means Eagle Shipping Services Limited, its directors, employees, and subcontractors.
• "Client" means the person, company, or entity requesting or purchasing the Services.
• "Services" means marine consultancy, surveying, inspections, log loading, super cargo specialist services, or any other professional services provided by ESS.

2. Performance of Services & Operational Expectations

• Professional Care: ESS will perform all services with reasonable care, skill, and diligence in accordance with recognized professional marine surveying standards.
• Safe Environment & Access: The Client must ensure a safe working environment for ESS personnel at all times. The Client is responsible for securing all necessary port permits, safe boarding access, and permissions from port authorities, stevedores, and vessel masters. ESS surveyors reserve the right to refuse to conduct inspections if they deem conditions unsafe.
• Reliance on Information: ESS relies on information, documentation, blueprints, and access provided by the Client or vessel command. ESS is not liable for errors or delays resulting from inaccurate, incomplete, or misleading information provided by others.

3. Limitation of Liability & Report Disclaimer

• Purpose of Reports: Our reports are prepared at the request of and for the purposes of the Client only. We respectfully advise that we do not accept responsibility on any grounds whatsoever to any other party.
• Financial Cap: Our responsibility is limited strictly to gross negligence proven by principals. To the maximum extent permitted by law, the total liability of ESS to the Client for any claim (whether in contract, tort including negligence, or breach of statutory duty) is strictly limited to a maximum sum equal to the fee paid for the specific Service, or NZD $5,000, whichever is the lesser.
• Consequential Loss: ESS is not liable for any indirect, incidental, or consequential financial loss. This includes, but is not limited to, loss of profit, loss of charter, port delays, vessel downtime, demurrage, or cargo damage.

4. Fees, Invoicing, and Payment Terms

• Payment Window: All invoices must be paid in full within 14 days of the invoice date, unless explicitly agreed otherwise in writing.
• Late Fees: ESS reserves the right to charge interest on overdue amounts at a rate of 2% per month compounded monthly until paid.
• Payment Disputes: The Client must notify ESS of any invoice dispute within 7 days of receipt. The Client cannot withhold payment of any undisputed portion of an invoice while a dispute is being reviewed.

5. Intellectual Property & Brand Protection

• Ownership of Materials: All reports, certificates, custom calculation models, draft survey frameworks, loading optimization plans, and digital data generated by ESS remain the exclusive intellectual property of ESS.
• Release of Copyright: Full usage rights of a survey report only transfer to the Client once the corresponding invoice is paid in full.
• Brand Use: The Eagle Shipping Services name and logo are proprietary. Clients and third parties cannot use our name or logo in their own marketing material, shipping manifests, or public statements without explicit written consent.

6. Confidentiality and Privacy

• Non-Disclosure Boundary: ESS treats all cargo weights, vessel conditions, and operational findings gathered during a survey as strictly confidential. We will not share survey findings with competitors or unauthorized third parties.
• Permitted Disclosures: ESS reserves the right to disclose information where legally mandated, including reporting immediate vessel safety hazards to Maritime New Zealand or local port authorities.
• Privacy Act 2020 Compliance: ESS collects and processes personal information (such as names and contact details of clients or ship masters) strictly in accordance with the New Zealand Privacy Act 2020 for operational and billing purposes. Data is retained securely for 7 years to align with New Zealand tax and legal frameworks.

7. Delays and Force Majeure

• ESS is not liable for delays or failures to perform caused by circumstances beyond its reasonable control, including adverse weather, port congestion, stevedore delays, ship command decisions, strikes, lockouts, or government restrictions.

8. Dispute Resolution

• Informal Talks: In the event of a problem or disagreement, both parties agree to immediately notify each other in writing and attempt to resolve the issue amicably through good-faith discussions within 14 days.
• Mediation: If talks fail, the dispute will be referred to a neutral professional mediator in New Zealand. The costs of the mediator will be shared equally between ESS and the Client.
• Arbitration: If mediation fails after 30 days, the dispute may be referred to a single arbitrator under the New Zealand Arbitration Act 1996 for a final, binding decision.

9. Governing Law and Jurisdiction

• These terms are governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts.

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Privacy and confidentiality

We take the handling of information and data with the utmost seriousness. Here are our rules and agreements regarding privacy and confidentiality:

1. Client confidentiality (protecting your clients)

Because you inspect vessel structures, cargo weights, and safety gear, you handle sensitive commercial data.

• Non-disclosure boundary: All data, vessel condition reports, and cargo figures gathered during a survey are strictly confidential.
• No third-party sharing: We promise never to share survey findings with port authorities, competitors, or future charterers without the explicit written consent of the client who paid for the service.
• Permitted disclosures: Specify exceptions where you are legally required to share information, such as mandatory reporting of immediate vessel safety hazards to Maritime New Zealand or port authorities.

2. Intellectual property and report ownership (protecting ESS)

• Ownership of reports: The final survey report remains the intellectual property of Eagle Shipping Services (ESS).
• Restricted reliance: The client agrees that the report is for their internal use only. They cannot pass it on to third parties to imply an endorsement from ESS.