Agreement of consultancy

This agreement is concluded on  (DATE)         by and between the two parties,                                       (hereafter called “the owner”) and B.L. Managing co., Limited. (hereafter called“the consultant ”)that the consultant shall provide services to the owner within the scope and under the contractual conditions stipulated in this agreement.
With reference to the construction of one(1)                        ( Hull No.          ) hereafter called “the vessels”) to be built by  NACKS (hereafter called “the builder”) , the consultant agrees to provide the owner with personnel who have corresponding skills and professional expertise (hereafter referred to as “supervisor”) for the services outlined hereunder at the builder’s shipyard or any other location.
1.Scope of services
The supervisor will act at all times and to the best of his ability in their interests of the owner and under the instruction of the appointed owner’s representative. The supervisor will provide the services to the owner in respect to the contraction of the vessel ordered by the owner from the builder. The supervisor will provide the following services to the owner at all times as required by the owner’s representative and /or the inspection schedule presented by the builder:
1)Supervision of the including, but not limited to, construction supervision of mail hull, deck house, appendages, out-fittings, accommodations, etc.
2)Supervision of machinery including, but not limited to, supervision of machinery installation in engine room and on decks and pipe work, etc.
3)Paint inspection including, but not limited to, inspection of surface preparation, paint work, tank coating, etc.
4)General construction quality monitoring.
The supervisor agrees to make himself aware of and understand the contents the specification of the vessel, the drawings and other specifications mentioned therein and construction techniques used, as well as supplementary specifications including, but not limited to, paint schedules and manufactures recommendations.
2.On site supervisors
Supervisors will be as follows:
  Mr. --------for project coordinator
  Mr. --------for hull
  Mr. --------for machinery
  Mr. --------for paint
  Mr. --------for electrics
  Mr. --------for secretary
3.Responsibilities of supervisor
1)The project coordinator will be authorized by the owner for the control of site supervision, so he shall manage the site office concerning followings, but limited to: the receipt and dispatch of all incoming and outgoing correspondences, drawing, comments, communication, reports in site office and he shall be responsible for other supervisors and for monitoring, and control the technical matters during supervision.
2)To monitor and inspect the vessels to ensure that all installations are in an approved manner in accordance with the contract specification, approved drawings and the agreed builder’s quality standards and also to ensure that, where possible, all hull spaces are completed and cleaned prior to operational testing and performance validation.
3)To witness shop testing of main machinery and equipment at local manufacturer’s works.
4)To attend witness and accept inspections concerned with the hull outfitting of the vessel such as installation checks, pre-commissioning, commissioning and sea trials prior to the handover of the vessel, as may be required by the owner.
5)To report regularly, formally and informally to the owner’s representative through the project coordinator, any deviations from the approved drawings or contract specification. To report any areas where problems may affect the delivery or finished standard of the vessel.
6)To maintain a daily work diary as required by the owner.
4.Limits of authority
As guidance, the following tasks shall not be undertaken:
1)Any design or plan approval or agreement to approved plans, other than with the express authority of their owner.
2)To carry out any operation that is the direct responsibility of the builder or their sub-contractor.
3)The operation of any machinery or equipment. This being the sole responsibility of the builder prior to the vessel delivery.
4)Undertaking any design related discussions with classification and /or certifying authority without the express authority of the owner’s representative.
5.Line of responsibility
The project coordinator will be responsible directly to the owner’s representative, so all the report, written or oral from supervisors shall be collected and forwarded periodically to her owner’s representative via him.
6.Date of commencement and period of contract
1)The date of commencement is : Project coordinator-----------
　　　　　　　　　　　　　　　　The others     ---------------
2)The period of the contact is:--------------------------------------------
Extension beyond the contract period shall be possible, if requested by the owner.
7.Termination of the contract
This contact may be terminated by either party by means of written notice, such notice being given at least one (1) month prior to the termination of the services rendered by the supervisor. Should the supervisor fail to fulfill his obligations in terms of this agreement, both the owner and the owner’s representative will have the right to terminate the services of the consultant with immediate effect.
8.Conditions of service and fees payable
1)The fee for such services, payable to the consultant, will be ---USD for their project coordinator and ----USD for ----------per person per calendar month or pro rata. It is hereby agreed that the figure indicated above will be the inclusive payment for services rendered. The owner, its employees, representatives and agents will bear neither further responsibility nor indebtedness whatsoever to, or for the supervisor. As such , the consultant is responsible specifically for, but not limited to , his local accommodation, food, transportation, his medical insurance, public liability insurance, payment of taxes and other mandatory or prescribed dues in relation to this contact and the agreed fee.
2)Notwithstanding the previous stipulations, overtime, if worked by the request of the project coordinator or owner’s representative, shall be paid following the record of overtime endorsed by the project coordinator and owner’s representative. Overtime shall calculate on hours worked in excess of the yard’s normal weekday hours of 08:00 to 17:00, but overtime less than one hour shall not be calculated.
3)Overtime rate for weekday until 22:00 hours shall be US$  per hour, and thereafter US$  including Yard’s and national holidays work.
9.Payment
1)The total figure of service fee for all supervisors shall be remitted on a monthly basis around 15Th each month upon receipt of invoice including there overtime, etc.
2)For the contract periods of less than one month, the sum of corresponding supervisor’s fee payable shall be paid by calculating each calendar day.
3)The invoices should be sent by fax to the owner’s -------office in -------------and should be paid in USD.
10.Disbursement
Should the project coordinator or the owner’s representative require that the supervisor provide his services outside of the shipyard, the owner will reimburse the consultant for ravel and subsistence expense directly incurred in performing such services and as agreed to by the owner’s representative. The gasoline fee in case of driving his own car shall be 2 RMB per Km including maintenance etc.
11.Accident of supervisor
The consultant shall take full responsibility for any accident or injuries of its supervisor during the contract period.
12.Leave
The supervisor may take 10 working days/year as paid holidays. The timing of such holidays must be agreed beforehand with the owner.
13.Non-competitive agreement
The owner agreed to not hire the surveyors directly or in-directly in one year after this contract.
14.Any modification of, or additions to this agreement shall be mutually agreed to in writing.
IN WITNESS WHEREOF: both parties hereto have caused this agreement to be executed as of the day and year first written above. The parties confirm that this agreement accurately and completely reflects their understanding and agreement.