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Purpose:
Conduct of analysis of contracts, covenants, agreements.
Sphere of application:
Limited Liability Company “Elena Shipping Agency”, users of services
References:
International Standard ISO 9001-2000;
Quality Regulations ŃĚĘ-01/2003
Authorities and responsibility:
Director General – general responsibility for making and observance of contract terms, Quality Manager – procedure execution.
Procedure:
1. Upon receipt of contract draft Personnel Inspector who will execute terms of this contract in future is responsible for getting maximum possible information about the company and its clients using reference books, Internet and other sources. Special attention should be paid to availability of Quality System and ISM Code in the Company.
2. Personnel Inspector should determine possibility for contract fulfillment as for the dates, availability of correspondent seamen in Company’s database. In case of special contract terms, plans concerning quality of these terms realization are to be developed.
3. Personnel Inspector should analyze contract draft as for correspondence to the requirements as follows:
a) Subject of the contract has exact wordings; there is no possibility to have different interpretations and terms. Either Russian or English is to be used (see Attachment to the Procedure).
b) Sphere of activity contains exact distribution of responsibility between the Company and the Client. Special attention should be paid to distribution of responsibility as for the initial familiarization with the vessel in accordance with the STCW 78/95 as well as to delegation of the right, to signing of individual contracts with the crew members.
c) Financial responsibilities of the parties during fulfillment of contract terms (Agent’s commission, expenses and compensation of them).
d) Duration of contract, its validity and conditions of termination.
e) Communication and correspondence – availability of all necessary requisites.
f) Conditions of crew members employment in accordance with the “COLLECTIVE FLEET AGREEMENT” signed between the shipowner and International Transport Workers Federation (ITF, London) or its member:
duration of individual contract;
transportation;
cancellation of contract during work;
conditions of salary payment;
working and over time;
time for rest;
feeding, uniform;
illness; loss of capacity to work, medical services, death;
repatriation.
g) Legislation. Considering of disputable matters in a court/Arbitration.
h) Guarantee of confidentiality
i) Forse-majeure.
4. Personnel Inspector shall draw up protocol of contract analysis.
5. Personnel Inspector shall visa draft contract in case of comments absence; if there are comments, he should pass them for consideration of the Director General.
6. Contract is to be considered by the chief accountant and after that it is passed to the Head for signing.
Records and reports:
Copies of the documents are held by the Quality Manager in accordance with the nomenclature of actions
Attachments and documentation:
Correspondence with the clients as for the matters of contract agreement
NOTE: In Limited Liability Company “Elena Shipping Agency” Russian and English are equal working languages. If there are variants for reading of document text language of the original text of the document prevails. For example, if the original of Agency Agreement was made in English, English variant of the text prevails.
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2000 - 2010 Elena Shipping Agency Co. Ltd. All rights reserved. |
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