1. Definitions

 

“Agreement” means the Client communication in respect to these Terms and Conditions

“Client” means the principal instructing party at whose request, or on whose behalf the Company shall perform the Services.

“Company” means any/or relevant entities of NE Marine Survey Services Ltd that will perform the Services, and as made clear to the Client at  the time the instruction is confirmed.

“Expenses” covering the cost of all reasonable incidental expenses incurred by the Company in connection with the Agreement.

“Fees” means the fees payable by the Client to the Company, including any value added tax or local tax equivalent where applicable and any Expenses.

“Parties” means the Company and the Client.

“Pre-purchase Survey” means a vessel inspection and/or survey conducted by the Company pursuant to which a Report is produced by the Company which is to be used, or relied upon, in order to make a decision on or to provide money for, the purchase of any vessel. The survey does not include any valuation of the vessel.

“Report” means any report, advice or written statement supplied by the Company in performance of the Services.

“Services” means the services to be carried out by the Company as agreed between the Parties and set out in writing.

“Warranty Survey” means any service where the Company in the course of the Services conducts an evaluation of operational risks relating to any shipyard, vessel or other project by performing technical reviews and on-site inspections and provides a report and / or certificate(s) containing recommendations and attesting that the assured has complied with the warranty imposed by the Client and / or policy to which the project relates.

“Third party” shall mean any party which is not a member of the Company or the Client.

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2. Agreement

 

The Agreement shall take effect on the earliest of the following events:-

When the Client provides written confirmation of the instruction in an appropriate format, accepting the agreed scope of work and these Terms and Conditions; or

When the performance of the work has commenced by the Company, unless the Client objects to these Terms and Conditions within 24 hours of the Company starting to perform the Services.

In the event of continuing instructions to the Company from the Client.

 

3. Survey Scope and Fees

 

The survey scope will be agreed with the client in writing with any changes prior to commencement with any changes thereafter agreed in writing between both parties, the Company and client, including a request confirmation form that should be signed and returned to the Company.

The Company’s fees are normally charged on a time basis, unless otherwise agreed, plus any applicable expenses and relevant VAT, payable, at cost. The Company reserves the right to increase its standard charge-out rates at any time.

Any fee estimates provided shall not be binding and shall be issued in good faith on the basis of the information provided by the Client at the time of providing the estimates.

If practical, the Company may agree to a fixed fee (net of VAT and expenses) with the Client.

 

4. Survey and Reporting

 

The Client is to ensure that all information which is or hereafter becomes available to it which is relevant to the performance of the Services is supplied to the Company;

Provide all necessary access for the Company’s staff to goods, premises, vessels, installations and transport.

Ensure that all appropriate safety measures are taken to provide safe and secure working conditions.

It is to be clear and understood that the condition /state of items reported upon are strictly the opinion of the attending surveyor (s) and that opinion reflects the condition/state found on the day of survey, taking into consideration the vessel’s age and that items reported upon are described in comparison with vessels of similar age and type.

The Company’s performance of the Services is dependent on the Client, its employees, affiliates and / or agents providing the Company with the requested information and / or access to a vessel, shipyard and / or, site.

The Company shall not be liable for any delays incurred in performance of the Services due to items including but not limited to:

late provision or access to data, information, vessel(s), shipyard(s) and/or site(s);

any errors or omissions in the data or information provided.

The Client acknowledges that where data and / or information is incomplete, the Company shall necessarily have to use its skill and judgement in making reasonable assumptions in order to perform the Services.

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5. Intellectual Property

 

The report will be prepared specifically for the client (s), and is for their use only but remains the copyright of NE Marine Survey Services Ltd (the Company). Copies in whole or in part should not be released to, or consulted by, other parties without the express prior permission of the Company.

 

6. Time bar

 

Notwithstanding the aforementioned, notice of a claim or suit must be made within 90 days of the date the services were first performed or the date the damages were first discovered, whichever is the latter, failing which lack of notice shall constitute an absolute bar to the claim or suit against the Company.

 

7. Liability

 

While all due care and diligence will be exercised in collection of data for and the preparation of the report , the Company purports to provide an advisory service only, based on the opinion and the experience of the individual consultant responsible for its compilation. The Company issues such advice in good faith and without prejudice nor guarantee. Anyone wishing to rely on such opinion should first satisfy themselves as to its accuracy and feasibility. Similarly, the pre-purchase survey does not warrant the seaworthiness of the vessel but attests the vessel’s condition at the time of the survey. The Company shall not be liable for any loss (including indirect and consequential loss), damage, delay, loss of market, costs, expenses of whatsoever nature or kind and however sustained or occasioned.

The survey will be a factual report on the inspection carried out, and any opinions expressed will be given in good faith as to the condition of the vessel as seen at the time of the survey. It will imply no guarantee, no safeguard against latent defects, subsequent defects, or defects not discovered at the time of survey in woodwork or areas of the vessel which are covered, unexposed, or not accessible to the surveyor internally due to the installation of non-removable linings, panels and internal structures, etc. The survey will be visual in nature only. The Company accepts no responsibility or liability in relation to any part of the vessel which cannot be accessed or viewed. The Company cannot comment in relation to any patent or latent damage, including termite infestation, relating to areas not examined.

Nothing in the Agreement excludes or limits the Company’s liability for death or personal injury caused by the Company’s negligence or the negligence of its employees acting in the course of their employment and/ or any fraudulent pre-contractual misrepresentations made by the Company.

The Company shall not be liable for any delays incurred in performance of the Services due to items including but not limited to:

Late provision or access to data, information, vessel(s), shipyard(s) and/or site(s);

Any errors or omissions in the data or information provided.

The Company’s total maximum liability arising out of or relating to the performance of the Services whether in contract, tort (including, without limitation, negligence), breach of statutory duty or otherwise shall be limited to five (5) times the Fees paid (or payable) by the Client.

The Clients relationship is solely with the Company. No company representatives have any personal liability to the Client whether in contract or tort (including negligence) or otherwise. The fact that any representative of the Company signs in his or her name any document or email in the course of carrying out the consultancy service does not give rise to any personal legal liability separate to that of the Company.

The Client will inform the Company of any alleged act, statement, omission or negligence on the Company’s part in connection with or in relation to the performance of the Services in respect of which the Company may be legally liable to the Client as soon as practicable after becoming aware of the same, and the Client will afford the Company, if the Company so desires, the reasonable opportunity to correct any deficiency in the Services provided.

The Client acknowledges and agrees by entering into any agreement with the Company that the above limitations and exclusions of liability are fair and reasonable in the circumstances.

The reports carry no warranty regarding ownership of the vessel or any warranty regarding outstanding mortgage, charge or other debt there may be on the vessel.

 

8. Confidentiality

 

The survey is personal and confidential to our client and has no extended warranty if disposed of to a third party for any purpose without the permission of the Company.

The report will not address stability, vessel performance or overall design, and no warranty is conveyed under these headings. In the case of pre-purchase inspections valuations will not be provided.

Machinery will not be opened up for inspection or compression tests carried out. No chemical tests will be carried out on fuel or water. For sailing vessels, rigging at deck level only will be commented on. An expert should be appointed if a full rigging survey is required. We recommend that a pest control expert be appointed to assess whether termites or cockroaches are present.

 

9. Invoicing

 

Our invoice is payable prior to delivery of our report. Upon receipt of payment a PDF version of the report will be issued. Please note our reports are the copyright of the Company. If payment for our services is not forthcoming you are advised that the copyright will be withheld. You may not use, copy disseminate or action the advice and recommendations given in the report until payment has been received, at which time a release will be issued.

 

10. Jurisdiction

 

These standard trading terms, all agreements and disputes relating thereto, shall be governed and interpreted in accordance with English Law.