Terms of Service

1. Agreement to These Terms

These terms form a binding agreement between you and Netherlands Huopusidun Oil (China) Limited. The agreement covers the use of the website at thirtyseventech.autos and the provision of the dispatch services described on the services page. It takes effect when you first use the website or when you first instruct the company, whichever happens earlier.

If you are accepting these terms for an organisation, you confirm that you have the authority to bind that organisation. If you do not have that authority you should not accept the terms on the organisation behalf, and the person with authority should review them instead.

These terms work together with any written service agreement that you and the company sign. If a service agreement conflicts with these terms, the service agreement takes precedence for the work it covers. Otherwise these terms apply in full.

2. Definitions

In these terms the following words have the meanings given below.

• The company means Netherlands Huopusidun Oil (China) Limited, a business operating from Rm B02 2/F Hoover Indl Bldg, 26-38 Kwai Cheong Rd, Kwai Chung, Hong Kong (HK).
• The website means the pages published at thirtyseventech.autos.
• The services means the tanker dispatch work described on the services page, including cargo log bays, gauge reading runs, berth plan desks, valve check windows, charter review rounds and bunkering sittings.
• You means the person or organisation using the website or engaging the services.
• A client means an organisation that has engaged the company to provide the services.
• A dispatch record means any cargo log, gauge reading, berth plan, valve check entry, charter review note or bunkering record held by the company.

3. The Services

The company provides tanker dispatch services from its office in Kwai Chung. The services are described in detail on the services page of the website, and that description forms part of these terms. The company may add to or refine a service description from time to time, and the current description on the website is the one that applies unless a signed service agreement says otherwise.

The company delivers each service with the care and skill that is reasonable for a dispatch business of its kind. A service is delivered when the agreed work has been completed and the dispatch record has been closed and returned. The company does not promise a particular outcome where the outcome depends on the vessel, the weather, the terminal or another party beyond its control.

Any information on the website about the services is provided for general guidance. It does not replace a written quotation or a signed service agreement, and it should not be relied on as a promise of a particular result.

4. Eligibility and Authority

The website is intended for businesses and adults who work in or alongside the tanker and energy trades. By using the website you confirm that you are at least eighteen years old and that you have the legal capacity to enter into an agreement.

When you instruct the company you must have the authority to do so. If you act for an organisation you confirm that you may commit that organisation to a dispatch booking and to the fees that follow. The company may ask for written confirmation of your authority before it begins work, and it may decline a booking if the authority cannot be shown.

5. Quotations and Booking

A quotation issued by the company describes the work it expects to carry out and the fee that applies. A quotation is valid for the period stated in it and, where no period is stated, for thirty days from the date it is issued. A quotation is not a booking until the company confirms it in writing.

A booking is confirmed when the company sends a written confirmation that names the service, the vessel, the berth and the window. The company may decline a booking where it does not have the capacity to deliver the work or where the vessel or the cargo does not meet the conditions described in these terms.

Where a booking is changed after it has been confirmed, the company will tell you whether the change affects the fee or the schedule. A change that requires the company to stop work and restart it may attract an additional charge, and the company will explain the charge before it applies.

6. Your Obligations

To allow the company to deliver the services you must provide accurate and complete information in good time. This includes the vessel details, the cargo details, the berth you expect and the contact for the person on watch. If the information you provide is wrong or late, the company may need to change the plan or pause the work.

• You must give the company access to the vessel, the berth and the people it needs to carry out the work.
• You must tell the company at once if anything changes that could affect a move.
• You must not ask the company to carry out work that would breach a law, a regulation or a safety rule.
• You must keep your account and contact details up to date so that the company can reach you.
• You must pay the fees that are due under these terms and any signed service agreement.

If you fail to meet an obligation and the company cannot carry out the work as a result, the company may suspend the work and it will not be responsible for a delay that follows. The company will always try to resolve the problem with you first.

7. Cargo Logs and Gauge Records

The dispatch record is the authoritative account of a move. When a cargo log bay is closed and a final gauge reading run confirms the figures, those figures become the record for that move. The company keeps the record in its own systems and returns a copy to you where a service agreement says so.

You must not alter a dispatch record after it has been closed. If you believe a record contains an error you should tell the company at once, and the company will investigate. If an error is found the company will correct the record in a way that shows both the original figure and the correction.

The company keeps dispatch records for the period described in its privacy policy and in any signed service agreement. A record may be shared with a regulator, a court or a professional adviser where the law requires it, and the company will tell you when that happens unless it is prohibited from doing so.

8. Safety and Compliance

Safety comes before every other consideration in dispatch work. The company may stop work at any time if it believes that continuing would put a person, a vessel or the environment at risk. When the company stops work for a safety reason it will explain the reason to you as quickly as it can.

You must comply with the safety rules that apply at the berth, the terminal and on the vessel. You must also comply with the laws and regulations that govern the cargo and the vessel. The company will not carry out work that would breach those rules, even where you have asked for it.

The company may report a safety incident to the relevant authority where the law requires it or where the company believes a report is necessary to protect people or the environment. The company does not need your permission to make a report of that kind.

9. Fees and Payment

The fees for the services are set out in the written quotation or in the signed service agreement. Unless the quotation says otherwise, fees are exclusive of any tax that applies and are payable within the period stated on the invoice.

If an invoice is not paid on time the company may charge interest on the outstanding amount at the rate permitted by law. The company may also suspend work until the outstanding amount is paid. Interest and suspension are a last resort, and the company will always try to resolve a payment difficulty with you first.

Where a service is delivered in stages, the company may invoice for each stage as it is completed. Where a booking is cancelled after work has begun you must pay for the work that has already been carried out and for any non recoverable cost that the company has already incurred.

10. Website Use and Licence

The company grants you a limited, non transferable licence to use the website for lawful purposes. You may read the pages, send an enquiry through the contact form and download a page for your own reference. You may not copy the website for commercial use or publish its content on another site without written permission.

• You must not attempt to gain unauthorised access to the website or to its systems.
• You must not use the website in a way that disrupts it or harms another user.
• You must not send a message through the contact form that is unlawful, abusive or misleading.
• You must not use an automated tool to scrape the website without the written permission of the company.

The company may change the website, remove a page or withdraw access at any time. The company does not promise that the website will always be available, and it is not responsible for a loss that arises from a period when the website is unavailable.

11. Intellectual Property

The company owns, or has the right to use, all of the content on the website. This includes the text, the layout, the design and the code that makes the pages work. The content is protected by copyright and by other laws that protect creative and technical work.

The name Netherlands Huopusidun Oil (China) Limited and any associated mark belong to the company. You may not use a name or a mark in a way that suggests a connection with the company unless the company has given written permission.

A dispatch record that the company prepares belongs to the company unless a signed service agreement says otherwise. Where a record belongs to a client, the company may keep a copy for its own records in the way described in the privacy policy.

12. Third Party Content

The website may link to a page that is controlled by another organisation. A link does not mean that the company endorses the content of that page or the practices of the organisation behind it. The company cannot control an external page and cannot accept responsibility for it.

Where the website refers to a terminal, a chartering partner or another business, the reference is for information only. Any arrangement you make with that business is between you and that business, and the company is not a party to it.

13. Limitation of Liability

The company provides the website and the services with reasonable care, but it does not promise that they will meet every expectation you may have. To the fullest extent that the law allows, the company is not responsible for a loss that is indirect or consequential, including a loss of profit, a loss of business or a loss of data.

Where the company is responsible for a loss, its total liability is limited to the fee paid for the service to which the loss relates, or to a sum agreed in a signed service agreement. This limit does not apply where the law does not allow a limit, for example in the case of fraud or a matter that cannot be limited by law.

Nothing in these terms removes a right that you have under a law that cannot be excluded. If a court finds that a part of this section is not valid, the rest of the section continues to apply.

14. Indemnity

You agree to cover the company against a claim, a loss or a cost that arises from your failure to meet these terms or from information you provide that is wrong or misleading. This covers the cost of defending a claim as well as the amount of any award, and it covers a reasonable fee for legal advice.

The company will tell you as soon as it becomes aware of a claim that may fall under this section. The company will give you the chance to take part in the defence of the claim and will not settle the claim without telling you first, unless a delay would harm the company.

15. Force Majeure

The company is not responsible for a delay or a failure that is caused by an event beyond its reasonable control. Such an event may include a storm, a flood, a fire, a strike, a civil disturbance, an epidemic, a failure of a public utility or a decision of a government or a port authority.

When such an event occurs the company will tell you as soon as it can, will do what it reasonably can to reduce the impact and will resume work when the event has passed. If the event continues for a long period either party may end the booking, and the company will account for the work that has already been carried out.

16. Suspension and Termination

The company may suspend or end a service if you fail to meet a material term of these terms, if you fail to pay a fee that is due or if continuing the work would breach a safety rule or a law. Where the company suspends or ends a service it will tell you why in writing.

You may end a service by giving the company written notice in the period stated in the service agreement. If no period is stated you should give the company as much notice as is reasonable in the circumstances, so that it can stand down the dispatchers and close the record.

When a service ends the company will close the dispatch record and return a final copy where the agreement requires it. A fee that is due at the time of ending remains payable, and a section of these terms that is meant to survive an ending continues to apply.

17. Confidentiality

Each party may learn information about the other that is not public. This includes vessel details, commercial terms, dispatch records and the identity of a client. Each party agrees to keep that information confidential and to use it only for the purpose of the services.

A party may share confidential information with a person who needs it to deliver the services, such as a dispatcher, a manager or a professional adviser, as long as that person is bound by a duty of confidence. A party may also share the information where the law requires it, and it will tell the other party when it does so unless it is prohibited from doing so.

18. Governing Law and Disputes

These terms are governed by the laws of Hong Kong. Any dispute that cannot be resolved by discussion will be heard by the courts of Hong Kong, and each party submits to the jurisdiction of those courts.

Before a party begins a legal claim it should send a written notice to the other party describing the dispute and what it would like to happen. The parties will then try in good faith to resolve the matter within thirty days. This step does not limit the right of a party to seek urgent relief from a court where the circumstances require it.

The services may be delivered in a place outside Hong Kong, but the governing law of these terms remains the law of Hong Kong unless a signed service agreement says otherwise.

19. Changes to These Terms

The company may change these terms from time to time so that they stay accurate and reflect the way the business works. When a change is made the date at the top of the page is updated. A change takes effect when it is published on the website, except where the law requires a period of notice.

If a change is important the company will tell a client directly where it can. A booking that has already been confirmed is governed by the terms that applied at the time of the confirmation, unless the client agrees to the new terms. Continued use of the website after a change means that you accept the updated terms.

20. Contact Information

If you have a question about these terms, or if you would like to discuss a booking, please contact the company using the details below. The company aims to reply to every question as quickly as it can.

Thank you for taking the time to read these terms. Netherlands Huopusidun Oil (China) Limited looks forward to working with you on the next tanker move.