Marlin Blue Terms & Conditions
(a) “Marlin Blue” shall mean Marlin Blue Recoveries, SL, its subsidiaries, related companies, agents and/or representatives;
(b) “Client” shall mean the person for which the Company is rendering service, as well as its agents and/or representatives.
(c) Marlin Blue and the Client are hereinafter individually referred to as a “Party” or jointly as “Parties”.
Marlin Blue is a firm providing claims handling services to the insurance industry and international trade industry.
Worldwide, Marlin Blue has a portfolio of claims under way.
That both parties are interested in formalizing their mutual collaboration within the terms and conditions set forth hereinafter.
The parties hereto declare that they have enough capacity and legal representation and agree to enter into this collaboration agreement, in accordance with the following:
SUBJECT OF THE AGREEMENT
(1) By means of this Agreement, and subject to the terms and conditions set out herein, Marlin Blue shall provide claims handling services on the assigned cargo claims to the Client, in order to improve results.
(2) Marlin Blue acts as Agent for the Client and never acts as Principal in its own right.
(3) Marlin Blue has discretion to decide whether it will accept the case assignment from the Client or not.
(4) Marlin Blue will promptly inform the Client in the event any of the claims assigned to Marlin Blue represents a conflict of interests for the firm.
(5) Standard Terms & Conditions (STCs). All services supplied shall be made and supplied on the following terms and conditions. Unless there is a separate written Agreement, the instruction by the Client is irrevocably agreed as being subject to these STCs.
(6) Marlin Blue will promptly inform the Client in the event of a settlement proposal regarding any of the assigned references. In such an event, Marlin Blue will provide professional advice regarding the merits of the claims and whether the offer is regarded as convenient or not. Consent will always be requested from the Client in order to accept a settlement proposal and therefore the Client will always be the decision maker regarding the claims assigned.
(7) Marlin Blue will issue an invoice for the work hours invested in the case if an offer is obtained and not accepted by the client when the involvement of Marlin Blue in the case is withdrawn.
(8) At the request of the Client, Marlin Blue will send a monthly report regarding recoveries information on the claims assigned to Marlin Blue.
CONSIDERATION FOR THE COLLABORATION
(9) Fees shall be calculated either by reference to the Company’s relevant fee scale in operation at the material time or by separate written agreement between the parties. Fee scales for various services and locations are always available upon request. Where fee scales are in place as per separate written agreement between the parties
(10) This agreement does not include the litigation/arbitration claim. The budget for the claim for judicial litigation/arbitration will be prepared individually for each case that requires it and will be added to the rates of this agreement, requiring explicit approval by the Client.
(11) Any invoice issued by Marlin Blue due to judicial litigation/arbitration must be paid at the moment of the issuance, not at the end of the Court case.
(12) By assigning the case to Marlin Blue, Client warrants that they have no other assignment to any other law firm working on the case. Any of the claims assigned under this agreement shall be conducted only by Marlin Blue and Marlin Blue shall be the only interlocutor with the opponent. As aforesaid, the Client will be promptly informed and any relevant update or decision on the claim assigned will be communicated to the Client.
(13) Any cost arising from the handling of the assigned cases (such as sending a certified letter, burofax, sworn translations, etc.), must be approved by the Client at the recommendation of Marlin Blue. These costs will be paid by the Client at the moment of the approval, not at the end of the case.
14) In no event shall the Client nor Marlin Blue be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Client and Marlin Blue shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
(15) The agreement shall have no term due to the fact that claims are assigned to Marlin Blue by the Client at their entire liberty.
(16) Any of the parties to this agreement may at any point terminate this agreement, neither party shall be entitled to any compensation for any reason whatsoever unless the termination is carried out due to the material breach of any of the obligations of this agreement.
CONFIDENTIALITY AND DISCLOSURE
(17) Both the Client and Marlin Blue shall be entitled to disclose the existence of this collaboration agreement in general terms.
(18) Notwithstanding the foregoing Marlin Blue shall not disclose any information or data regarding the claims assigned nor any of the documents contained in any email unless prior consent from the Client is obtained.
(19) All the information sent by the Client shall be considered as proprietary and therefore no use of it shall be done by Marlin Blue other than for the specific purposes of providing professional recovery services.
(20) Neither party shall be entitled to assign the rights and obligations arising from this agreement without prior written consent of the other.
(21) The failure of claiming by either party for a non-fulfillment of the other party of any stipulation contained in this document shall not be considered a waiver of the demand of the future execution of the same, and that stipulation, as well as all other terms, commitments and conditions of the present agreement, shall remain fully valid and effective.
(22) For the final resolution of any conflict or claims arising out of the construction or execution of this agreement, both parties agree to submit the matter to the Chamber of Commerce of Huelva according to its Rules.
In witness hereof, the parties execute and sign this agreement in two counterparts in the place and date mentioned above.