Henderson International Australia P/L

Effective Date: 2026

These Terms & Conditions govern access to this website and the professional services provided by Henderson International Australia P/L (“Company”, “we”, “us”, “our”).

By accessing this website or engaging our services, you agree to be bound by these Terms.

1. Company Details

Henderson International Australia P/L
Level 1
120 Commercial Road
Port Adelaide, S.A. 5015
Australia

Email: gateway@henderson-australia.com.au
Telephone: +61 8 7226 8282

2. Scope of Services

Henderson International Australia P/L provides marine surveying, maritime consultancy, auditing, superintendence, inspection and related professional services.

All services are provided:

• On the basis of information available at the time of inspection
• Subject to conditions prevailing at the time
• In accordance with recognised maritime industry standards
• Based on professional judgement

Reports represent professional opinion at the time of assessment and are not guarantees of future performance.

3. Engagement Basis

Unless otherwise agreed in writing:

• Services are advisory in nature
• Engagement terms may be supplemented by written agreements or service contracts
• These Terms apply to all engagements unless expressly excluded in writing

In the event of inconsistency, a signed written agreement prevails.

4. No Warranty or Guarantee

Unless expressly agreed in writing:

• We do not guarantee vessel seaworthiness beyond inspection scope
• We do not guarantee cargo condition after transfer of custody
• We do not guarantee regulatory approval or certification outcomes
• We do not guarantee commercial or financial outcomes

Our services do not replace statutory inspections or governmental determinations unless specifically contracted.

5. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total aggregate liability arising from any service is strictly limited to the fees paid for that specific service.
• We are not liable for indirect, consequential, incidental, special or punitive damages.
• We are not liable for loss of profit, charter loss, demurrage, detention, cargo loss, business interruption, reputational harm or similar commercial losses.
• We are not responsible for latent or hidden defects not reasonably discoverable during inspection.
• We are not liable for actions taken by third parties based on our reports.

Where liability cannot be excluded, it is limited to the re-supply of services or refund of fees at our discretion.

6. Third-Party Reliance

All reports, certificates and opinions are prepared solely for the instructing client.

No third party may rely on any report, certificate or written communication without our prior written consent.

Unauthorised third-party reliance is entirely at their own risk, and we accept no liability whatsoever in such circumstances.

7. Client Responsibilities

The client agrees to:

• Provide complete and accurate information
• Disclose all material facts
• Provide safe and lawful access to vessels, cargo and facilities
• Comply with applicable safety and regulatory requirements

We may suspend or withdraw services where unsafe conditions exist.

8. Safety and Access

Inspections and services are conducted subject to safe access conditions.

We reserve the right to decline boarding or inspection where:

• Safety conditions are inadequate
• Regulatory compliance is not met
• There is risk to personnel

Safety, quality and environmental protection remain core operational priorities.

9. Indemnity

The client agrees to indemnify and hold harmless Henderson International Australia P/L, its directors, employees, contractors and representatives from and against any claims, liabilities, losses, damages, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

• Inaccurate, incomplete or misleading information provided by the client
• Failure to disclose relevant material information
• Unsafe access conditions
• Use of reports beyond their intended purpose
• Reliance on reports by unauthorised third parties
• Breach of these Terms by the client

This indemnity survives termination of the engagement.

10. Risk Allocation

Maritime operations involve inherent operational and commercial risks.

Engagement of our services does not transfer operational, regulatory or commercial risk to Henderson International Australia P/L.

Responsibility for vessel operation, cargo management, regulatory compliance and commercial decisions remains with the vessel owner, operator or instructing party unless expressly agreed otherwise in writing.

11. Confidentiality

We treat client information as confidential and will not disclose it except:

• With client authorisation
• Where required by law
• Where necessary to perform contracted services

12. Intellectual Property

All reports, documentation and materials produced remain the intellectual property of Henderson International Australia P/L unless otherwise agreed in writing.

Clients are granted a limited licence for internal and contractual use only.

Reproduction or distribution without written consent is prohibited.

13. Force Majeure

We are not liable for delay or failure to perform services due to events beyond our reasonable control, including but not limited to:

• Weather conditions
• Port restrictions
• Government actions
• Industrial disputes
• Acts of God

14. Website Disclaimer

Information on this website is provided for general informational purposes only.

Nothing on this website constitutes professional advice unless provided under formal written engagement.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of South Australia, Australia.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of South Australia.

16. Amendments

We reserve the right to amend these Terms at any time. Updated versions will be published on this website.