CARUSO MARINE SERVICES

Caruso Marine Services is committed to delivering Excellence in Marine Services in a manner that safeguards the health and safety of people, prevents damage and protects the environment.

APPLICATION

This policy applies to all our employees, contractors and suppliers performing work through a contract or third party employer, in any capacity, onboard vessels, in our offices and all other workplaces ashore.

POLICY STATEMENT

We believe that all incidents are preventable and aim to achieve the ultimate goal of zero harm. We are committed to:

• Provide a safe working environment

• Prevent injury, and ill-health and protect the security of our employees

• Ensure the safety and well-being of all our employees, contractors, client personnel and all other persons who may be affected by our business activities. Avoid damage to property and protect the environment from harm

• Empower all persons to challenge and STOP unsafe acts, conditions and behaviour

• Comply with the requirements of the International Management Code for the Safe Operation of Ships and Pollution Prevention (ISM Code), applicable safety legislation and other requirements;

• Abide by applicable standards, codes and guidelines recommended by IMO, Flag State Administrations, Classification Societies and other industry organisations;

• Ensure that our employees have the requisite training, skills, knowledge and resources to carry out their work activities safely

• Identify hazards, evaluate risk, and implement and monitor control measures; Eliminate non-conformities; record and investigate high potential near misses and incidents

• to continually improve performance and share lessons learned with all stakeholders

• Establish and monitor key health, safety and quality performance objectives

• Effectively communicate health and safety policies, standards, processes and procedures with all stakeholders

• Embed health and safety in the design, planning and conduct of all business activities;

• Supply plant, tools and equipment that are fit for purpose and maintained in accordance with the manufacturer’s recommendations and/or legislative requirements

• Exceed client requirements and maintain the highest standards of business ethics, plan for, respond to and recover from any emergency, crisis and business disruption

• Promote a positive health and safety culture which sets clear expectations, recognises behaviour that exceeds expectations and provides a process for managing behaviours that fall below expectation in a transparent and fair manner

• Conduct a formal review by senior management on all Policies periodically;

• Ensure our employees, contractors, suppliers and all third-party personnel:

• Take reasonable care of their own health and safety and consider the safety of others who may be affected by their acts or omissions

• Follow established health and safety policies, processes and procedures

• Only operate plant, tools and equipment that they are trained and authorised to operate

• Report all non-conformities, hazards, near misses and incidents immediately to their Supervisor or Line Manager,

GENERAL TERMS & CONDITIONS:

In providing services, information or advice, Caruso Marine Services (CMS) does not warrant the accuracy of any information or advice supplied. Except as set out in these Terms and Conditions, CMS will not be liable for any loss, damage or expense sustained by any person and caused by any act, omission, error, negligence or strict liability of any of CMS or caused by any inaccuracy in any information or advice given in any way by or on behalf of CMS even if held to amount a breach of warranty. Nevertheless, if the client uses CMS services or relies on any information or advice given by or on behalf of CMS and as a result suffers a loss, damage, or expense that is proved to have been caused by any negligent act, omission, or error, of CMS or any negligent inaccuracy in information or advice given by or on behalf of CMS, then CMS will pay compensation to the client for its proved loss up to but not exceeding the amount of the fee (if any) charged by CMS for that particular service, information, or advice.

Notwithstanding the previous clause, CMS will not be liable for any loss of profit, loss of contract, loss of use, or any indirect or consequential loss, damage or expense sustained by any person caused by any act, omission, or error or caused by any inaccuracy in any information or advice given in any way by or on behalf of CMS.

CMS will not be liable to or responsible in negligence or otherwise to any person not a party to the contract.

The contract and any dispute or claim between any member of CMS and the client arising from or in connection with it, or the services provided hereunder, will be governed by UK law. CMS and the client irrevocably agree that the UK courts will have exclusive jurisdiction over any dispute or claim arising from or in connection with the contract or the services provided hereunder.

The client shall indemnify and hold all CMS members harmless from all claims, costs or proceedings, damages and expenses, including legal and other professional fees and expenses, made against, incurred or paid by any CMS member as a result of or in connection with any breach by the client of this contract or any alleged or actual infringement, whether or not under UK law, of any third party’s intellectual property rights or other rights arising out of the use or supply of information by or on behalf of the client to any CMS member.

The client agrees to pay all undisputed invoices for the services within 30 days. CMS reserves the right to charge interest at an annual rate of 10 percent on any amount remaining unpaid after 30 days and may withhold services until the arrears including interest are paid. Invoices will be sent on 14 days intervals and/or on termination of the contract. The contract continues in force until terminated by CMS or the client in writing.

CMS will keep confidential and not use or disclose any information to any third party outside CMS any data, plans or other technical information received from the client except as may be required by law or as may be authorised by the client. This obligation will survive the termination of the contract. This obligation will not apply to any data, plans or other technical information that was in CMS possession before its disclosure by or on behalf of the client to CMS members or becomes part of the public domain through no fault of CMS members or otherwise become available to CMS from an independent source not under a confidentiality obligation to the client.

The client has a duty to provide a safe place of work for CMS members. This duty relates to the place of work under the control of the client which can include ships, shipyards, offshore units, factories and offices.