Terms and conditions

This Terms Of Service is effective as of August 1, 2023 Unless otherwise agreed in writing by Muscle99, the “Appointment Confirmation Advice” and these standard terms and conditions shall constitute the entire “Service Agreement” between the Client and Muscle99, inclusive of its directors, employees, network offices, representatives and sub-contractors. All instructions from the Client are accepted by Muscle99 solely on these standard terms and conditions contained herein, which override other standard terms and conditions and/or guidelines of the Client (if any), whether incorporated or otherwise. No variation or addition to the standard terms and conditions contained herein shall be binding on Muscle99 unless such variation or addition are expressly agreed by Muscle99 in writing.

When instructed by the Client or his insurer to appoint a surveyor, Muscle99 will proceed in accordance with those instructions. All appointments of surveyors / other service providers by Muscle99 is made for and on behalf of the Client and in making such appointment and giving any instructions, Muscle99 is acting in its capacity merely as an agent of the Client. The Client shall be the party ultimately responsible and liable for paying all fees, disbursements, taxes and any other payments due to the appointed surveyors / other service providers. Under no circumstances whatsoever shall Muscle99 be responsible or liable for paying such fees, disbursements, taxes and any other payments.

By instructing and continuing to deal with Muscle99 in connection with any matter where Muscle99 is acting on the Client’s behalf and as its agent only, the Client is deemed to have read, understood and agreed to clause 1.b above and all these standard terms and conditions contained herein. If you are an intermediary or agent instructing Muscle99 on behalf of Principals, you undertake to bring these conditions to the attention of your Principals and procure their acknowledgment and agreement to these conditions, in the absence of which you will be responsible for payment of any charges incurred.

All fees quoted by surveyors / other service providers to Muscle99 are subject to agreement by the Client. However, under urgent circumstances whereby appointment of surveyors / other service providers is made by Muscle99 upon the instructions of the Client but without the opportunity of agreeing or finalising fees with the surveyors / other service providers in advance, the Client shall be deemed by its instructions and/or conduct to have agreed to pay all fees, disbursements, taxes and any other payments due to the appointed surveyors / other service providers. In the event of any fee disputes arising out of an appointment, the Client will remain responsible for settlement of the fees claimed. Muscle99 will use its best endeavours to resolve such disputes amicably and subject to the approval of any compromise by the Client.

Muscle99 will provide the Services required in accordance with the Client’s instructions as confirmed in the “Appointment Confirmation Advice”. Muscle99 will not vary the scope of the Services unless either instructed to do so by the Client or the circumstances of the attendance require an immediate variation to meet the required objective. Where a variation in the scope of work is either requested or required, Muscle99 will advise the Client in writing as to the effect this variation will have on the cost and completion date of the Services. Muscle99 will provide the agreed Services and will exercise reasonable care and skill at all times. All technical reports will be produced and transmitted to the Client by Muscle99 or a Muscle99 network office. Muscle99 shall be entitled to engage any sub-contractors as may be considered necessary and without prior reference to the Client.

The Client will procure all necessary access for Muscle99’s inspection of goods, premises, vessels, installations etc. and will ensure that all appropriate measures are taken to provide safe and secure working conditions during such inspection, inclusive of gas freeing and safe entry testing. Muscle99 will not be responsible for the consequences of the Client’s late, incomplete, inadequate, inaccurate or ambiguous instructions or the unavailability of any vessel or inaccessibility to any part of a vessel or survey site, howsoever occurring, and the Client shall be responsible for any additional attendance charges so incurred.

Charges (Fees and Disbursements) and Payment Terms Attendance, both on site and for work conducted at Muscle99’s offices, will be charged according to the current hourly or daily rate. Disbursements will be invoiced at cost plus 15% to cover administration and service charges. Office disbursements will be charged at 10% of Muscle99’s fees subject to a cap of US$250 or SG$250, whichever the currency of the invoice is. Muscle99 is entitled to charge 1.5 times the applicable hourly or daily rate for work done out of our normal office hours (i.e. weekdays’ evening/night, weekends and public holidays) when circumstances require our urgent / immediate actions and/or as required by Clients. Muscle99 will provide an itemized breakdown of fees and disbursements except in circumstances where a fixed fee has been agreed in advance.Muscle99 reserves the right to request payment on account prior to attendance by presentation of a pro-forma invoice. All invoices are due for payment within 14 days of the date of issue, unless otherwise pre-agreed by Muscle99 in writing. All remittances to Muscle99 shall be net of all bank charges failing which any deductions in respect of bank charges will be carried forward to a subsequent invoice. Muscle99 reserves the right to withhold all reports until payment in full has been received into its nominated account and copyright of all such reports and associated correspondence will remain with Muscle99 until payment is received.

Destruction of documents: At the conclusion of a matter Muscle99 will review the case file and discard any unnecessary additional copies of documents, then send the balance of the file to an off-site facility for storage at their expense, unless the Client requests that the file be delivered to their offices. To minimise the storage expenses, Muscle99 reserves the right, subject to the Clients written contrary direction, to retain files for only six years from the completion of the matter and to destroy older files to the extent practical. If the Client wishes the disposition of files to be handled in a different manner, Muscle99 must be informed in writing.