Terms & Conditions
A/ OUR OBLIGATIONS
1/ The contents of the report shall not be deemed to constitute any form of warranty or representations by the company or to form the basis of any contract.
2/ We shall in providing the services exercise reasonable skill and care in conformity with the normal standards of marine surveyors.
3/ We shall inform you upon it becoming apparent that there is any conflict between any of your requirements, or between your requirements and the timetable; or any need to vary part of them.
4/ We shall inform you when it becomes apparent that the services and or the fees and or any part of the appointment and or any information or approvals need to be varied. We shall confirm in writing any agreement reached.
5/ We will not inspect parts of the vessel or property which are covered, unexposed or inaccessible including the hull, exterior where coatings remain or where such areas, including the presence of internal linings, panels, internal structures, or the presence or possessions may prevent or restrict our inspection.
6/ We will not inspect woodwork or other parts of the structure which are covered, unexposed or inaccessible and we are, therefore, unable to report that any such part of the structure is free from defect.
7/ Moisture meter readings can only be considered as an indication to the presence of moisture and in certain circumstances tests undertaken, however favourable the results may not indicate the presence of an osmotic condition, or the fact that there is no indication as to an osmotic condition may not preclude the possibility that at some stage in the future that the condition may develop.
8/ We are unable to accept any liability for any loss (whether direct or indirect) expense or damage of whatever kind arising as a result of or in connection with our report or from faults or defects hereinafter found in the vessel or property.
9/ Reports (including interim reports) of the results of our tests shall be prepared and submitted to you with all due speed in such a form or manner and in such detail as is necessary in order to meet your requests or requirements.
10/ The report is solely applicable to the addressee and is strictly limited to that purpose and shall not be for the use of any third parties. All vessels dimensions are as provided by the seller/broker and no guarantee as to their authenticity can be given.
B/ YOUR OBLIGATIONS
1/ You shall name the person who shall exercise your powers under our appointment and to whom all instructions to us shall be given.
2/ You shall provided to us such further information as we reasonably and necessarily request in the performance of our instructions ; all such information to be provided free of charge and at such times as shall permit us to comply with the timetable.
3/ You accept the we will rely on the accuracy, sufficiency and consistency of the information supplied by you.
4/ You shall advise us of the relative priorities of your requirements, and the timetable and shall inform us of any variations of any of them.
5/ You acknowledge that we do not warrant that our report will or can be completed in accordance of the timetable.
1/ In the event of this agreement being determined whether by the passing of time, breach or otherwise :
2/ You shall pay to us any payments due less any sums owed by us to you whether in respect of breach or otherwise under the terms of this agreement.
3/ The parties shall be entitled to exercise any one or more of the rights or remedies provided for in this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and the parties shall be, and remain liable to perform all outstanding liabilities under this agreement not withstandingthat one of the parties may have exercised one or more of the rights or remedies under it.
4/ Any right or remedy to which either party is or may become entitled under this agreement or in consequence of the others conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement or now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.
5/ All disputes or differences which shall at any time arise between the parties whether during the term or afterwards touching or concerning this agreement or its construction or effect or rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this agreement shall be referred to an arbitrator to be agreed upon by both parties or in default of agreement to be nominated by the president for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1950 or any statutory modification or re-enactment of it for the time being in force.
6/ Payment shall become due prior to submission of our report.
7/ You may not withhold or reduce any sum payable to us under our appointment by reason of claims or alleged claims against us. All rights of set off which you may otherwise exercise in common law are hereby expressly excluded.
8/ If any item or part of any item of any account is disputed or subject to question by you, the payment by you or the remainder of that account shall not be withheld on those grounds.
9/ Any sums remaining unpaid at the expiry of 28 days from the date of submission of our invoice shall bear interest thereafter, such interest to accrue from day to day at 2 % above base rate.
10/ All fees, expenses and disbursements under our appointment are exclusive of v.a.t. unless otherwise indicated. Any v.a.t. on our services shall be paid by you.
11/ We shall give reasonable notice in writing to you of any circumstances which make it impractical for us to carry out any of the services in accordance with the timetable.
12/ You may suspend the performance of any or all of the services by giving reasonable notice in writing to us. (Seven days).
13/ In the event of you being in default of payment of fees, expenses and or disbursements, we may suspend the performance of any or all of the services by giving notice to you.
14/ If we are not given instructions to resume any suspended service within six months from the date of suspension, we shall request in writing such instructions. If written instructions have not been received within 28 days of the date of such request, we shall have the right to treat the appointment as terminated.
15/ The appointment may be terminated by either party on the expiry of reasonable notice in writing.
16/ Should we be unable to perform our services due to death or incapacity, the appointment shall thereby be terminated.
17/ Termination of the instructions shall be without prejudice to the accrued rights and remedies of either party.
18/ Copy right in all documents and drawings prepared by us and any work executed from these documents and drawings shall remain our property.