Terms of Service

Last Updated: Dec 1, 2025

1. Company Identification

These Terms of Service (“Terms”) govern the use of services provided by:

ESPADARTE MARITIME SERVICES LTDA
Operating under the brand name Espadarte™ Port & Maritime Services
Brazilian Company Registry (CNPJ/Tax ID): 59.729.945/0001-91

Espadarte provides independent marine surveying, inspection, and maritime advisory services, including but not limited to draft surveys, bunker surveys (BQS), cargo condition surveys, hold inspections, and related reporting.

2. Acceptance of Terms

By instructing Espadarte, accessing its website, requesting quotations, or using any services, the client (“Client”) expressly agrees to be bound by these Terms.

If the Client does not agree, services must not be requested or used.

3. Scope of Services

Espadarte’s services are limited to the scope expressly agreed in writing, which may include:

  • Draft and cargo surveys

  • Bunker quantity surveys and sampling

  • On-hire / off-hire condition surveys

  • Hold cleanliness and suitability inspections

  • Visual condition inspections

  • Reporting and factual documentation

Any service not expressly agreed in writing is excluded.

4. Nature of Surveys and Reports

All surveys and reports issued by Espadarte are:

  • Non-destructive

  • Visual and factual in nature, unless explicitly stated otherwise

  • Conducted at a specific time, date, and location

  • Based solely on conditions observed at the time of attendance

No guarantee is given regarding:

  • Future condition

  • Latent defects

  • Subsequent damage or deterioration

5. No Warranty or Certification

Espadarte does not:

  • Certify seaworthiness, class status, or statutory compliance

  • Replace flag, class, or statutory surveys

  • Provide warranties, valuations, or guarantees

All findings are observations, not certifications.

6. Client Responsibilities

The Client shall:

  • Provide accurate and complete instructions

  • Ensure safe access to vessel, holds, tanks, or equipment

  • Obtain all required port, terminal, and authority permissions

  • Ensure crew cooperation during inspections

Espadarte shall not be liable for incomplete inspections caused by access limitations, safety restrictions, or third-party interference.

7. Reports Use & Reliance

Survey reports are:

  • Issued exclusively for the instructing party

  • Intended solely for the purpose stated in the instructions

Reports may not be:

  • Relied upon by third parties

  • Reproduced partially

  • Altered, edited, or taken out of context

Third-party reliance requires prior written authorization from Espadarte.

8. Limitation of Liability

To the maximum extent permitted by law:

  • Espadarte’s total liability shall be strictly limited to the invoiced value of the specific service

  • Espadarte shall not be liable for:

    • Consequential or indirect losses

    • Loss of profit, hire, or market

    • Demurrage, detention, or commercial losses

No liability is accepted for decisions taken by the Client or third parties based on the reports.

9. Force Majeure

Espadarte shall not be liable for failure or delay caused by events beyond reasonable control, including but not limited to:

  • Weather conditions

  • Port or terminal restrictions

  • Safety limitations

  • Acts of authorities

  • Labor disruptions

10. Payment Terms

Unless otherwise agreed in writing:

  • Invoices are payable as stated in the invoice

  • Late payments may incur interest and administrative charges

  • Espadarte reserves the right to suspend services in case of non-payment

All costs related to bank fees, taxes, or transfer charges are for the Client’s account unless agreed otherwise.

11. Confidentiality

All information, reports, photographs, and data exchanged are treated as confidential and used strictly for operational and contractual purposes.

Disclosure is permitted only when:

  • Required by law

  • Requested by P&I Clubs, insurers, or legal representatives

  • Authorized in writing by the Client

12. Data Protection

Personal and operational data is processed in accordance with Espadarte’s Privacy Policy, compliant with LGPD and aligned with GDPR principles.

13. Intellectual Property

All reports, formats, methodologies, and documentation remain the intellectual property of Espadarte™, unless otherwise agreed in writing.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil.

Jurisdiction is elected at the competent courts of Brazil, unless mandatory rules apply otherwise.

15. Amendments

Espadarte reserves the right to amend these Terms at any time. Updated versions will be published on official channels and apply to future services.

16. Contact

For contractual or legal matters:

ESPADARTE MARITIME SERVICES LTDA
Operating as Espadarte™ Port & Maritime Services
📧 Email: operations@marespadarte.com