Terms of Service
1. Agreement to These Terms
These Terms of Service set out the rules that apply when you use this website or engage the sky link crossing practice of B&W Material Engineering Company Limited. By browsing the site, sending an enquiry or accepting a commission, you agree to these terms. If you do not agree with any part of them, please do not use the site and do not send us an enquiry.
The site is maintained by BayStone Trade as the developer of the digital presence of B&W Material Engineering Company Limited. The company remains responsible for the engineering work and for the commitments made in a signed commission, while the developer is responsible for building and operating the website you are reading now.
B&W Material Engineering Company Limited operates from Rm 19 3/F Block B, Hi-Tech Industrial Centre, 491-501 Castle Peak Road, Tsuen Wan, Hong Kong (HK). Questions about these terms can be sent to invest@skylinkholdings.autos or raised by phone on +16678463118 during office hours.
2. Definitions
In these terms, the words we, us and our mean B&W Material Engineering Company Limited. The word site means this website and the pages linked from it. The word services means the crossing work we describe, including pier deck planning, span run rounds, cable stay weeks, deck pour days, bearing check sessions and night closure evenings. The word client means a person or organisation that has agreed a commission with us.
A commission is agreed when both parties sign a written scope and the deposit is received. Until that point, any conversation, drawing or estimate is a discussion rather than a binding commitment. We keep estimates honest and we do not pad them, but an estimate is still an estimate until the scope is fixed.
3. Use of the Website
You may read the site, print pages for your own reference and share links with colleagues. You may not copy large parts of the site into another website, use the text to train a commercial product without permission, or present our drawings and descriptions as your own work.
You agree to use the site lawfully and not to interfere with it. You must not attempt to break into the server, flood it with traffic, extract data in bulk, plant malicious code or use the contact form to send spam. If we see abuse, we may block the address responsible and, where appropriate, report it.
4. Information on the Website
The site describes our practice and the services of a sky link crossing in general terms. It is written for a general audience and it is not a substitute for site-specific engineering advice. A crossing that looks like the one in a page of ours may behave quite differently under a different tide, a different soil and a different set of loadings.
We try to keep the site accurate and current, but we do not promise that every page is free of error at every moment. If you spot something that is wrong, tell us and we will correct it. If you rely on a general statement on the site in place of a proper commission, you do so at your own risk.
5. Enquiries and Estimates
When you send an enquiry, we will read it and reply within one business day. The reply may be a short note asking for more information, a proposed time for a scoping call, or a view of the services that seem most relevant. An enquiry does not create a contract, and it does not reserve a slot in our programme.
Estimates are prepared in good faith and are based on the information available at the time. If the scope turns out to be different once we inspect the crossing, the estimate will change and we will explain why before any extra work starts. We will not add a charge without telling you first.
6. Commissions and Scope
A commission is defined by a written scope that names the crossing, the services to be delivered, the programme, the deliverables and the fee. The scope also sets out the records we will keep and the way the crossing file will be handed over. Only what is written in the scope is included, and anything outside it is a change to be agreed separately.
We work best when the client can give us access to the crossing, the existing drawings and the people who know how it behaves. Where access is limited, we may have to rely on assumptions, and we will say so clearly in our report so that nobody later mistakes an assumption for a fact.
7. Client Responsibilities
The client agrees to provide accurate information about the crossing, to arrange safe access and to nominate someone who can make decisions on the client side. The client also agrees to hold any permissions or consents that the law requires for the work, unless we have agreed in writing that we will obtain them on the client side behalf.
The client agrees not to ask us to carry out work that would compromise safety or that would breach a regulation. If such a request is made, we will decline it and explain the reason. A crossing is a public asset, and our duty to the people who use it sits above any instruction to save time.
8. Fees and Payment
Fees are set out in the commission and are payable in the instalments named there. We normally ask for a deposit at the start, a payment at a defined milestone and a final payment on hand-over. Invoices are due within the period stated on the invoice, and we may charge interest on late payment where the law allows.
Fees cover the services described in the scope and the records we produce. They do not cover third party charges such as permits, testing laboratory fees or the cost of a specialist supplier, unless the scope says otherwise. Where a third party charge is expected, we will estimate it and tell you before it is incurred.
All fees are stated in the currency named in the commission and exclude any tax that the law requires us to add. Where tax applies, it is shown separately on the invoice so that there is no doubt about what is being charged. If the scope changes the amount of work in a meaningful way, the fee moves with it, and the change is recorded in writing before the extra work begins.
9. Changes to a Commission
If the client wants to change the scope, we will describe the effect on time and cost and confirm the change in writing before we act on it. If the crossing itself changes in a way that affects the work, for example because a span is added or a bearing is replaced by others, that is also a change and it is handled in the same way.
We will not simply absorb a change into the next invoice without a note. Clear changes keep a commission from drifting, and a commission that does not drift is one that both sides can finish cleanly.
10. Programme and Delays
We plan a programme in good faith and we try hard to keep it. Some delays are outside our control, such as severe weather, a closed channel, a late permit or a supplier that misses a delivery. Where a delay is caused by something outside our control, the programme moves by a reasonable period and we will explain the new dates.
Where a delay is caused by us, we will tell the client promptly and we will use reasonable effort to recover the time. We do not promise a fixed completion date unless the commission states one explicitly and the parties have agreed the consequence of missing it.
11. Safety and Site Conduct
Safety governs every part of a crossing commission. Our people work to our own method statements and to the rules of the site, and we expect everyone on the crossing to do the same. If a site is unsafe, we will stop work and report the reason rather than carry on.
Night closure evenings are run under a single responsible engineer, a fixed programme and a written hand-back. Nobody reopens a crossing until the hand-back is signed. If a task cannot be completed safely within the window, it is stood down and rescheduled, and the client will be told the same evening.
Before any closure we confirm the permit, the lighting, the access route and the rescue arrangements with the parties who control them. We do not begin a task until those arrangements are in place, even if the closure window is already running. Losing a night is a cost; losing a person is not a cost we will ever accept to keep a programme. Where the crossing carries services such as lighting or drainage, we also confirm that the relevant operator has been informed, so that a deck opened at night is never a surprise to the teams who depend on it.
12. Deliverables and Records
A commission produces a set of deliverables, usually a pier register, a round schedule, a stay calendar, pour records, bearing logs and a closure plan. These are delivered in English so that any later team can read them. We keep a copy in our own file for the period described in the commission and in our privacy policy.
Where the commission includes a hand-over, we will transfer a clean copy of the crossing file to the client. The client may use the file for the operation, maintenance and inspection of that crossing. The client may not resell the file or publish it as a template for other crossings without permission.
13. Intellectual Property
The text, layout, drawings and code of this site belong to B&W Material Engineering Company Limited and to BayStone Trade as relevant. The crossing records we produce for a client are licensed to the client for the purposes of the crossing, while our underlying methods, checklists and templates remain ours.
You may quote a short passage from the site with a clear acknowledgement, and you may link to any page. You may not reproduce the site in bulk, mirror it on another domain or use our brand in a way that suggests a partnership we have not agreed.
14. Confidentiality
We treat the details of a crossing and the affairs of a client as confidential. We do not discuss a commission publicly, we do not publish photographs of a client crossing without permission, and we do not name a client in marketing unless the client has agreed.
The client agrees to keep confidential any method, checklist or template we share during the work. Where a regulator or a court requires disclosure, the party required to disclose will tell the other party where the law allows, so that the response can be coordinated.
Confidentiality continues after a commission ends. A crossing record may be held for years after hand-over, and the same duty of care applies to that record at the end of the term as at the beginning. If the client or a successor takes on the crossing, we will share the record with them under the terms of the hand-over described in section twelve.
15. Limitation of Liability
We accept responsibility for the professional care with which we carry out a commission. We do not accept responsibility for loss that is not a foreseeable result of our work, for loss caused by information the client gave us that was wrong, or for loss caused by a third party outside our control.
Where liability cannot be excluded by law, our liability is limited to the fee paid for the service that gave rise to the claim, unless the commission states a different limit. Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraud.
16. Insurance
We hold professional indemnity insurance appropriate to the size and nature of our work. We will provide a certificate to a client on request and we will tell a client if cover changes in a way that matters to a live commission.
Insurance is a backstop, not a substitute for care. Our first duty is to design and check a crossing so that a claim never becomes necessary, and we would rather spend an extra hour on the pier desk than an extra month on a dispute.
17. Suspension and Termination
Either party may end a commission according to the notice period set in the scope. If a client ends a commission early, the client pays for the work done up to that point and for any commitments already made. If we end a commission, we will hand over the work in progress and explain what remains unfinished.
We may suspend work immediately if a site becomes unsafe, if a client asks us to act unlawfully, or if an invoice remains unpaid long past its due date. Suspension is a last resort, and we will always try a conversation first.
18. Third Party Services
Some parts of a crossing commission rely on third parties, such as testing laboratories, surveyors, suppliers and the hosting provider for this site. We choose third parties with care, but we do not control them and we cannot promise that they will never make a mistake.
Where a third party is engaged directly by the client, the client holds the contract with that party. Where we engage the third party on the client side behalf, we will manage the relationship and pass the cost through as described in the commission.
19. Complaints and Disputes
If a client is unhappy with our work, we want to hear about it early. Write to invest@skylinkholdings.autos with the details and we will acknowledge the complaint within two business days and give a full response within a reasonable period. Many concerns are resolved by a conversation and a site visit.
If a dispute cannot be resolved by discussion, the parties will try mediation before litigation. These terms are governed by the laws of Hong Kong, and the courts of Hong Kong have jurisdiction, unless the commission says otherwise.
20. Changes to These Terms
We may update these terms from time to time to reflect a change in our practice or in the law. When we do, we update the date at the top of the page. A change applies to a commission only where the parties agree it, and otherwise the terms in force when the commission was signed continue to apply to that commission.
We recommend reading this page before you send a serious enquiry, so that you know what you are agreeing to. If anything is unclear, ask us and we will explain it in plain words.
21. General Provisions
If any part of these terms is found to be unenforceable, the rest continues to apply. A failure to enforce a term on one occasion is not a waiver of that term on another. The headings in this page are for convenience only and do not affect the meaning of the text.
These terms, together with the privacy policy and any signed commission, form the whole agreement between the parties on the matters they cover. Nothing in them creates a partnership, a joint venture or an employment relationship between the parties.
Thank you for reading these terms. We try to keep them short enough to be useful and complete enough to be fair, and we are always willing to discuss a point that seems unclear.