GENERAL CONDITIONS
Definitions:
"Rules" in these General Conditions means the documents below
issued by the Society:
- Rules for the Classification of Ships or other special units;
- Complementary Rules containing the requirements for product,
plant, system and other certification or containing the require-
ments for the assignment of additional class notations;
- Rules for the application of statutory rules, containing the rules to
perform the duties delegated by Administrations;
- Guides to carry out particular activities connected with Services;
- Any other technical document, as for example rule variations or
interpretations.
“Services” means the activities described in Article 1 below, ren-
dered by the Society upon request made by or on behalf of the
Interested Party.
“Society” or “RINA” means RINA S.p.A. and/or all the companies
in the RINA Group which provide the Services.
“Surveyor” means technical staff acting on behalf of the Society in
performing the Services.
“Interested Party” means the party, other than the Society, having
an interest in or responsibility for the Ship, product, plant or sys-
tem subject to classification or certification (such as the owner of
the Ship and his representatives, the ship builder, the engine
builder or the supplier of parts to be tested) who requests the Ser-
vices or on whose behalf the Services are requested.
“Owner” means the registered Owner, the ship Owner, the man-
ager or any other party with the responsibility, legally or contractu-
ally, to keep the ship seaworthy or in service, having particular
regard to the provisions relating to the maintenance of class laid
down in Part A, Chapter 2 of the Rules for the Classification of
Ships or in the corresponding rules indicated in the specific Rules.
“Administration” means the Government of the State whose flag
the Ship is entitled to fly or under whose authority the Ship is
authorised to operate in the specific case.
"Ship" means ships, boats, craft and other special units, as for
example offshore structures, floating units and underwater craft.
Article 1
1.1. - The purpose of the Society is, among others, the classifica-
tion and certification of ships and the certification of their parts
and components.
The Society:
- sets forth and develops Rules;
- publishes the Register of Ships;
- issues certificates, statements and reports based on its survey
activities.
1.2. - The Society also takes part in the implementation of national
and international rules and standards as delegated by various Gov-
ernments.
1.3. – The Society carries out technical assistance activities on
request and provides special services outside the scope of classifi-
cation, which are regulated by these general conditions, unless
expressly excluded in the particular contract.
Article 2
2.1. - The Rules developed by the Society reflect the level of its
technical knowledge at the time they are published. Therefore, the
Society, though committed, also through its research and develop-
ment services, to continuous updating, does not guarantee they
meet state-of-the-art science and technology at the time of publi-
cation or that they meet the Society's or others' subsequent techni-
cal developments.
2.2. - The Interested Party is required to know the Rules on the
basis of which the Services are provided. With particular reference
to Classification Services, special attention is to be given to the
Rules concerning class suspension, withdrawal and reinstatement.
In case of doubt or inaccuracy, the Interested Party is to promptly
contact the Society for clarification.
The Rules for Classification of Ships are published on the Society's
website: www.rina.org.
2.3. - The Society exercises due care and skill:
- in the selection of its Surveyors
- in the performance of its Services, taking into account the level of
its technical knowledge at the time the Services are performed.
2.4. - Surveys conducted by the Society include, but are not lim-
ited to, visual inspection and non-destructive testing. Unless other-
wise required, surveys are conducted through sampling
techniques and do not consist of comprehensive verification or
monitoring of the Ship or of the items subject to certification. The
surveys and checks made by the Society on board ship do not nec-
essarily require the constant and continuous presence of the Sur-
veyor. The Society may also commission laboratory testing,
underwater inspection and other checks carried out by and under
the responsibility of qualified service suppliers. Survey practices
and procedures are selected by the Society based on its experi-
ence and knowledge and according to generally accepted techni-
cal standards in the sector.
Article 3
3.1. - The class assigned to a Ship, like the reports, statements, cer-
tificates or any other document or information issued by the Soci-
ety, reflects the opinion of the Society concerning compliance, at
the time the Service is provided, of the Ship or product subject to
certification, with the applicable Rules (given the intended use and
within the relevant time frame).
The Society is under no obligation to make statements or provide
information about elements or facts which are not part of the spe-
cific scope of the Service requested by the Interested Party or on its
behalf.
3.2. - No report, statement, notation on a plan, review, Certificate
of Classification, document or information issued or given as part
of the Services provided by the Society shall have any legal effect
or implication other than a representation that, on the basis of the
checks made by the Society, the Ship, structure, materials, equip-
ment, machinery or any other item covered by such document or
information meet the Rules. Any such document is issued solely
for the use of the Society, its committees and clients or other duly
authorised bodies and for no other purpose. Therefore, the Society
cannot be held liable for any act made or document issued by
other parties on the basis of the statements or information given by
the Society. The validity, application, meaning and interpretation
of a Certificate of Classification, or any other document or infor-
mation issued by the Society in connection with its Services, is
governed by the Rules of the Society, which is the sole subject
entitled to make such interpretation. Any disagreement on techni-
cal matters between the Interested Party and the Surveyor in the
carrying out of his functions shall be raised in writing as soon as
possible with the Society, which will settle any divergence of opin-
ion or dispute.
3.3. - The classification of a Ship, or the issuance of a certificate or
other document connected with classification or certification and
in general with the performance of Services by the Society shall
have the validity conferred upon it by the Rules of the Society at
the time of the assignment of class or issuance of the certificate; in
no case shall it amount to a statement or warranty of seaworthi-
ness, structural integrity, quality or fitness for a particular purpose
or service of any Ship, structure, material, equipment or machin-
ery inspected or tested by the Society.
3.4. - Any document issued by the Society in relation to its activi-
ties reflects the condition of the Ship or the subject of certification
or other activity at the time of the check.
3.5. - The Rules, surveys and activities performed by the Society,
reports, certificates and other documents issued by the Society are
in no way intended to replace the duties and responsibilities of
other parties such as Governments, designers, ship builders, man-
ufacturers, repairers, suppliers, contractors or sub-contractors,
Owners, operators, charterers, underwriters, sellers or intended
buyers of a Ship or other product or system surveyed.
These documents and activities do not relieve such parties from
any fulfilment, warranty, responsibility, duty or obligation (also of a
contractual nature) expressed or implied or in any case incumbent
on them, nor do they confer on such parties any right, claim or
cause of action against the Society. With particular regard to the
duties of the ship Owner, the Services undertaken by the Society
do not relieve the Owner of his duty to ensure proper maintenance
of the Ship and ensure seaworthiness at all times. Likewise, the
Rules, surveys performed, reports, certificates and other docu-
ments issued by the Society are intended neither to guarantee the
buyers of the Ship, its components or any other surveyed or certi-
fied item, nor to relieve the seller of the duties arising out of the
law or the contract, regarding the quality, commercial value or
characteristics of the item which is the subject of transaction.
In no case, therefore, shall the Society assume the obligations
incumbent upon the above-mentioned parties, even when it is
consulted in connection with matters not covered by its Rules or
other documents.
In consideration of the above, the Interested Party undertakes to
relieve and hold harmless the Society from any third party claim,
as well as from any liability in relation to the latter concerning the
Services rendered.
Insofar as they are not expressly provided for in these General
Conditions, the duties and responsibilities of the Owner and Inter-
ested Parties with respect to the services rendered by the Society
are described in the Rules applicable to the specific Service ren-
dered.
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