Standard Terms and Conditions
Equipment, Consumable Requirements, Assistance and other Client Provided Services
OES would recommend, on each rig/site, a minimum stock of ten boxes (with 10 x 400ml aerosol cans in each) of white contrast paint “white” and ten boxes (with 10 x 400ml aerosol cans in each) magnetic particle inspection ink “black”. OES can supply these consumables to be shipped to the customer at the customer’s own expense. OES generally use the brands Ely Chemicals and Magnaflux, which are often available worldwide and are compliant with the various relevant standards, alternatives are available though, please clarify with OES if you are providing an alternative brand.
OES request that the rig also have oil based paint (or spray cans) for colour coding – colours to be available should be the chosen Client/Operator colour code, plus red for condemned items and white for quarantined items, unless agreed otherwise.
Client should ensure that all rigs/sites have suitable cleaning equipment (de-greaser) to prepare all relevant items for MPI and close visual inspection and that the crew are aware that they are to provide personnel for all cleanup and repaint of inspected equipment, as this role is not included in the work-scope of the OES inspection team. The equipment to be cleaned up includes, but is not limited to, any items within the work-scope that require MPI, and/or visual inspection that necessities a clean surface, including exposing equipment ID numbers, SWL’s and the like. Please contact OES operations personnel at your nearest OES office for details on specific clean-up requirements.
Client to provide all manuals, standards and reference information, including drawings for all relevant Client facilities and equipment as required for reference during the works.
OES teams travel with the following equipment, as applicable to the job being conducted, Client to ensure equipment can be safely transported to/from the rig/site and advise if any documentation or limitations apply for bringing this equipment to the rig/site:
Personal PPE and belongings, digital camera, laptop computers and external hard drives
Loadcell VA Equipment
Electromagnets and/or Permanent Magnets Thermographic imaging equipment
UT sets and probes Lux Meter
Eddy current unit Acoustic Meter
Rope access equipment EX Tagging Equipment
Padeye Test Frame IRT Camera
Client to provide all equipment shipping, handling, transfer, customs clearance, customs duty, other “local duties” for all equipment, including and in additional to the items shown above, from/to the point of origin.
Should OES not be able to utilise their own digital camera during the agreed services, then the Client is requested to provide a suitable camera to allow OES to include photographic support. OES reserve the right to omit digital photography from the reports should a camera not be available.
OES reserve the right to recharge the Client at cost plus 15% for replacing of equipment either lost, stolen or contaminated/damaged beyond the state of further use and outside the control of OES during Client arranged/provided transportation, Client arranged/provided storage or whilst conducting the works.
Personnel, Travel and Related Requirements
OES Personnel are strictly subject to availability and are selected solely at the discretion of OES, unless agreed otherwise.
All attending OES personnel will hold, as a minimum, a valid HUET certificate. Any further Operator and/or Client specific certification and requirements including, but not limited to: visas, training, medicals, H2S training, fire-fighting, government-clearances and/or other requirements, are deemed to be additional and all costs, including day rate for attendance/standby/training etcetera, will be charged to the Client, in additional to the pricing of this contract, at the specified day rate for personnel plus related charges incurred, which will be invoiced at cost plus 15%.
Client to assist, when required, in provision of all visas, security passes, clearances and so forth for relevant OES personnel for the duration of the contract.
The Client is responsible to meet and greet and transport OES personnel to/from the rig/site from pre-determined and agreed mobilisation/demobilisation point(s), including directly covering all associated costs for suitable transportation, accommodation, food, laundry and associated facilities, throughout the entire works, including a period of delays/additional work. Should OES be required to pay for these in the interim, and then the Client shall be subsequently invoiced at cost +15%.
Client to provide OES personnel with space to work, subject to availability at site or on board, either by way of office and desk, or mess hall, recreation room facility, or similar, in order that OES personnel can conduct reporting as required as well as a means of communication (ideally internet) to allow sending of daily reports, when applicable.
Medical
OES carry full medical and accident cover for all its operations personnel. The Client is responsible to kindly provide, and cover associated costs for, the most suitable and appropriate means of medical assistance and transportation to any OES employed personnel, should a situation arise whereby OES personnel require emergency medical attention at, and/or unscheduled evacuation from, the rig/site for whatever reasons,
until personnel can be successfully handed over to the care of OES to continue with any further requirements for that person(s). Specific Commercial Terms
OES Asset Integrity Management (sometimes referred to as OES) incorporates the following “companies”: OES Equipment; OES Oilfield Services; OES Oilfield Services (UK) Limited; OES Oilfield Services USA Inc.; OES Oilfield Services Singapore Pte Ltd; OES Oilfield Services Pty Ltd, OES Servicos e Equipamentos de Petroleo e Gas Ltda.
OES reserve the right not to have to maintain documentation continuity in terms of “companies” stated on, or being the originator of, documentation, including, but not limited, to reports, certificates, quotations, invoices, invoice support documents, work-scopes, time sheets, faxes, letters, e-mails.
Tax and Indemnification
No liability will be considered by OES for failure, damage or other occurrence to Client owned or operated equipment whatsoever.
The Client shall defend, indemnify and hold harmless OES, its personnel, affiliates and subsidiaries from and against all claims, by whomever brought, or whenever suffered or incurred by the Client and/or any third party group, arising from or related in any way to performance of the work hereunder, regardless of how the subject claim is caused and even if caused by the negligence, whether sole or concurrent or active or passive.
The Client shall defend, indemnify and hold harmless OES, its personnel, affiliates and subsidiaries from any and all consequential loss sustained, including but not be limited to loss of revenue, profit or use of capital, production delays, loss of production, loss of product, reservoir loss or damage, loss of any contract or other business opportunity, losses resulting from failure to meet other contractual commitments or deadlines, downtime of facilities or vessels or any special, equipment damage, incidental, or consequential loss or damage of any nature arising from any cause whatsoever related to the works conducted herein and however caused.
Client shall indemnify and keep indemnified and hold harmless OES against all actions, claims, proceedings, losses, damages, costs, and expenses, whatsoever and however caused, in respect of taxes, duties or other statutory levies together with additional taxes assessed, if any, including fines, penalties and interest thereon or related thereto (whether due to change in law or otherwise) that may be imposed by any government or regulatory authority (including without limitation Central, State or Local Authority).
Unless specifically agreed in writing by OES, Client shall bear all taxes, duties and statutory levies including, but not limited to corporate tax, income tax, customs duty, sales tax that may be levied by any government or regulatory authority (including without limitation Central State or Local Authority) on any and all materials and services supplied and provided by OES. Pricing will not be grossed up for tax purposes unless specifically agreed in writing by OES and clearly stated as such by OES in the commercial section of the OES proposal.
Confidentiality
The contents of this document, including, but not limited to, pricing, work-scopes and terms and conditions, are to be considered confidential and should not be; verbalised, shown to, indicated, passed on, or copied, in any manner whatsoever, whether in part or full, to any other party, or parties, other than OES’ intended recipient(s), without the express written permission of OES. OES reserve the right to take appropriate action in instances whereby the confidentiality this documentation has been breached.
Force Majeure.
OES shall be excused from the performance of its obligations hereunder from time to time and at any time, but only for so long as it is prevented from performance by an occurrence beyond the control and without the fault or negligence of the party affected and which said party is unable to prevent or provide against by the exercise of reasonable diligence including, but not limited to acts of God, compliance with any law, rule, regulation, order, request, recommendation or requirement of any governmental authority, body or agency (including but not limited to laws, rules, regulations or other requirements relating to the import and export of goods or free movement of personnel), war, riot, rebellion, sabotage, act of terrorism, epidemic, pandemic, flood, fire, unusually severe weather that could not reasonably have been anticipated, explosion and strike or other labour or supply disturbance (“Force Majeure”). In the case of work suspension due to Force Majeure, OES shall notify the Client of such failure of performance and the cause thereof, and shall specify the anticipated period of delay before performance can be resumed.