Mackay Marine Surveyors

Yacht & Small Craft Surveyors
Covering Scotland, UK, Europe & Beyond
Forth Marine Surveyors

Sample Contract

Survey Terms of Business

1. Definitions

"Marine Surveyor"/"Consultant" is the Marine Surveyor/Consultant trading as Mackay Marine Surveyors, under these conditions:-
"Client" is the party at whose request or on whose behalf the Marine Surveyor/Consultant undertakes surveying services.
"Report" means any report or statement of facts and opinions supplied by the Marine Surveyor/Consultant in connection with instructions received from the Client.
"Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary.
"Fees" means the fees charged by the Marine Surveyor/Consultant to the Client including any value added tax where applicable and any Disbursements.

2. Scope

The Marine Surveyor/Consultant shall provide its services to a Client; solely in a reasonable manner and in accordance with these terms and conditions of the contract.

3. Work

The Client will set out in writing the services which it requires the Marine Surveyor/Consultant to provide. The Marine Surveyor/Consultant will confirm in writing that it accepts those instructions, and provide written confirmation of the services it will perform in connection with the Client's instructions. Once the Marine Surveyor/Consultant and the Client have both agreed what services are to be performed any subsequent changes or additions must be agreed by both parties in writing.

4. Payment Terms

The Client shall pay the Surveyor/Consultant's Fees punctually in accordance with these Conditions and in any event not later than 30 days following the relevant invoice date, or in such other manner as may have been agreed in writing between the parties. Any delay in payment shall entitle the Surveyor/Consultant to interest at 2% above the Base Lending Rate of HSBC Bank Plc prevailing at the time of default.
The Client shall note that any new Client not known to the Marine Surveyor/Consultant shall be deemed to pay for any such survey work undertaken by the Marine Surveyor/Consultant before the Report is relinquished to the Client.

5. Obligations and Responsibilities

1.Client

The Client undertakes to ensure that full instructions are given to the Marine Surveyor/Consultant and are provided in sufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for the Marine Surveyor/Consultant to marinas, boat yards, other premises, yachts, installations etc. and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions.
The Marine Surveyor/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.

2.Marine Surveyor

The Marine Surveyor/Consultant shall use reasonable care, skill and diligence in the performance of the services in accordance with sound marine surveying/consulting practice, and utilising the appropriate - latest regulations and applicable EU or International standards.

3.Reporting

The Marine Surveyor/Consultant shall submit a final written Report to the Client following completion of the agreed services describing the Marine Surveyor's/Consultant's findings and the condition and/or quality of the inspected craft and/or purpose of the assignment, unless otherwise expressly instructed by the Client not to do so.

4.Confidentiality

The Marine Surveyor/Consultant undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law.

5.Property

The right of ownership in respect of all original work created by the Marine Surveyor/Consultant remains the property of the Marine Surveyor/Consultant.

6.Conflict of Interest/Qualification

The Marine Surveyor/Consultant shall promptly notify the Client of any matter including conflict of interest or lack of suitable qualifications and experience, which would render it undesirable for the Marine Surveyor/Consultant to continue its involvement with the appointment. The Client shall be responsible for payment of the Marine Surveyor/Consultant's Fees and disbursements up to the date of notification see Clause 4.

6. Liability

1. Without prejudice to Clause 7, the Marine Surveyor/Consultant shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of the Marine Surveyor/Consultant or any of its employees, or agents or sub-contractors (if any).
2. In the event that the Client proves that the loss, damage, delay or expense was caused by negligence, gross negligence or wilful default of the Marine Surveyor/Consultant aforesaid, then, save where loss, damage, delay or expense has resulted from the Marine Surveyor's/Consultant's personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, the Marine Surveyor's/Consultant's liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated on the basis of ten times the Marine Surveyor's/Consultant's charges or 25,000 whichever is the greater.
The Surveyor/Consultant shall not be liable for loss of or damage to equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.

7. Indemnity

Except to the extent and solely for the amount therein set out that the Marine Surveyor/Consultant would be liable under Clause 6, the Client hereby undertakes to keep the Surveyor/Consultant and its employees, agents and sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the Marine Surveyor/Consultant may suffer or incur (either directly or indirectly) in the course of the services under these Conditions.

8. Force Majeure

Neither the Marine Surveyor/Consultant nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.

9. Insurance

The Marine Surveyor/Consultant shall effect and maintain, at no cost to the Client, Professional Liability Insurance (P&I) for such loss and damage for which the Marine Surveyor/Consultant may be held liable to the Client under these terms and conditions. Moreover, the Marine Surveyor/Consultant shall effect and maintain at no cost to the Client Public Liability Insurance.

10. Marine Surveyor's/Consultant's Right to Sub-contract

The Marine Surveyor/Consultant shall have the right to sub-contract any of the services provided under the Conditions, subject to the Client's right to object on reasonable grounds. In the event of such a sub-contract the Marine Surveyor/Consultant shall remain fully liable for the expected performance of its obligations under these Conditions. Not withstanding the sub-contractor who undertakes the work shall maintain his own valid professional indemnity, and public liability insurance coverage.

11. Time Lapsed

Any claims against the Marine Surveyor/Consultant by the Client shall be deemed to be waived and absolutely time lapsed upon the expiry of one year from the submission date of the Report to the Client.

12. Jurisdiction and Law

These Conditions shall be governed by and construed in accordance with the laws of England Scotland and Wales, and any dispute shall be subject to the exclusive jurisdiction of the Scottish Courts of Law.
NB: These T&C may change at a later date. Any such changes shall be forwarded to the PI Insurers or Agents for filing.

13. Survey Report

A full survey report will normally be issued 72 hours of the survey's completion, and shall include some relevant photographs. Moreover, a CD will be provided to the client containing all photographs taken during the survey.