Terms & Conditions | Seamark Associates

About Us & Role Definition

Seamark Associates ("we", "us", "our") provides global maritime and cargo-related coordination, consultancy, incident management, claims handling, recovery support, investigation management, survey coordination, and dispute-related support services.

Seamark Associates acts solely as an independent coordinator, facilitator, manager, and intermediary. We do not act as carriers, shipowners, ship managers, insurers, surveyors, salvors, freight forwarders, or legal counsel unless expressly agreed in writing.

Scope of Services

CRITICAL

Services provided by Seamark Associates may include, without limitation:

24/7 cargo and marine incident intake and response
Cargo claims handling, recovery, and subrogation coordination
Appointment and coordination of independent surveyors, experts, investigators, and lawyers
Cargo, marine, transportation, and trade dispute support
Investigation, evidence management, and fact-finding coordination
Litigation and arbitration support and case management
Vessel arrest, security, and enforcement coordination
Advisory, risk, and loss-prevention support

Important Catch-All Protection

The services listed on this website or in any document are illustrative only and not exhaustive. Seamark Associates may provide additional or ancillary services related to maritime, cargo, transportation, trade, claims, disputes, or recoveries, whether or not such services are expressly listed on the website or in marketing materials.

Nature of Cargo Claims Handling & Disputes

Cargo claims handling, recovery, litigation, and arbitration services provided by Seamark Associates are rendered strictly in a management, coordination, and support capacity.

Seamark Associates does not act as legal counsel or advocate.
All legal advice, pleadings, and court or arbitral appearances are provided by independent lawyers appointed on behalf of clients.

No Professional Advice or Guarantee

Nothing provided by Seamark Associates shall be construed as legal, insurance, financial, or technical advice unless expressly agreed in writing.

We do not guarantee outcomes, recoveries, settlements, or legal success.

Third-Party Appointments

Where Seamark Associates facilitates the appointment of surveyors, experts, investigators, lawyers, or other professionals:

Such appointments are made on behalf of the client
Seamark Associates is not a contracting party
Fees and expenses are payable directly by the client
Seamark Associates accepts no liability for acts, omissions, opinions, or reports of such third parties

Fees & Suspension of Services

Fees for Seamark Associates' services shall be agreed in advance or charged on a fixed, hourly, or retainer basis.

We reserve the right to:

Suspend or terminate services for non-payment
Withhold coordination, reports, or deliverables related to our services until payment is received

Limitation of Liability

VERY IMPORTANT

To the fullest extent permitted under Indian law:

Seamark Associates shall not be liable for indirect, consequential, incidental, or economic losses
Liability is limited to the fees paid to Seamark Associates for the specific service giving rise to the claim
No liability is accepted for loss of profit, business interruption, or loss of opportunity

Indemnity

Clients agree to indemnify and hold harmless Seamark Associates from all claims, losses, damages, liabilities, costs, and expenses arising from:

Client instructions or omissions
Use of services, whether listed or unlisted
Acts or omissions of third-party professionals
Reliance on third-party reports, opinions, or advice

Website Content & Updates

NEW

The content of this website, including service descriptions, may be updated, expanded, or modified at any time.

The absence of a specific service description shall not limit the application of these Terms & Conditions to any services requested or provided. This clause fully protects you if something is missing from the site.

Confidentiality

All information received shall be treated as confidential unless disclosure is required by law, court order, or regulatory authority.

Force Majeure

Seamark Associates shall not be liable for failure or delay caused by events beyond reasonable control, including war, strikes, port closures, pandemics, government actions, or natural disasters.

Governing Law & Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of India.

The courts at Mumbai, Maharashtra, India, shall have exclusive jurisdiction.

Acceptance

Use of this website, submission of any intake form, or engagement of any services constitutes full and unconditional acceptance of these Terms & Conditions.

Website Terms & Conditions