Terms and Conditions of Trade Applicable to Marine Surveying and Compass Adjustment Services
“Surveyor” means the Surveyor and/or Compass Adjuster trading under these conditions.
“Client” means the party at whose request or on whose behalf the Surveyor undertakes surveying or compass adjustment services.
"Services" means the scope of work agreed between the Surveyor and the Client, including any equipment, materials, parts or items provided by the Surveyor to the Client and attendance by the surveyor in order to carry out the work.
“Report” means any report, statement, certificate or declaration supplied by the Surveyor in connection with instructions received from the Client.
“Disbursements” means the reasonable cost of 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 amount charged by the Surveyor to the Client for attendance at the place where Services are to be provided and for carrying out the Services and includes any goods and services tax / value added tax where applicable and any Disbursements.
“Default Rate” means the HSBC Prime Lending Rate in Hong Kong, plus 2%.
“HSBC Prime Lending Rate” means the rate published by the Hong Kong and Shanghai Banking Corporation as the reference rate for variable interest rates for business finance.
The Surveyor shall provide his services solely in accordance with these terms and conditions.
3. Payment Terms:
Quotations are valid for 30 days from date of issue and subject to the right of withdrawal before acceptance and revision after acceptance. The Client shall pay the Surveyor's invoices immediately on receipt of the Surveyor’s invoice unless otherwise agreed by the Surveyor.
The Client agrees to pay interest on outstanding invoices from and including the day on which it is due to the day on which it is paid in full at the Default Rate calculated daily up to the day on which the outstanding amount is paid in full.
The Surveyor may take a lien over any Reports or other documents in the Surveyor's possession and reserves the right not to issue the Reports or other documents until all Fees are paid in full. The Surveyor can not be held responsible for any non compliance or claims arising as a result of the Client being unable to produce such Reports or other documents to enforcement agencies and/or other third parties due to non payment of outstanding fees or for other reasons beyond the Surveyor’s control.
6. Obligations and Responsibilities:
a. Client: The Client undertakes to ensure that full instructions are given to the surveyor 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 Surveyor to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions. The Surveyor shall not be liable for the consequence of late, incomplete, inadequate, inaccurate or ambiguous instructions. The Client shall be liable for full payment of any Fees and Disbursements, including minimum charge attendance Fees, incurred in the event of postponed, cancelled or aborted appointments due to no fault of the Surveyor, including, but not limited to, defective, incomplete or inappropriate equipment fitted. Minimum charge/attendance Fees for appointments cancelled or aborted by the client less than 12 hours prior to commencement are chargeable at an amount equal to one and a half times the published hourly rate. If the Surveyor is unable to gain access or must return to complete the Services due to no fault of the Surveyor, then the Surveyor may cancel this agreement and claim damages from the Client or charge additional Fees for completion of the Services. Waiting/idle time due to no fault of the Surveyor will be time charged at a rate not exceeding the published hourly rate, or pro rata in 10 minute increments. The exact amount of Fees to be charged in these circumstances will be at the sole discretion of the Surveyor, based on the merit of the individual circumstances.
b. Surveyor: The Surveyor shall use reasonable care and skill in the performance of the services in accordance with sound marine surveying practice.
c. Reporting: The Surveyor shall submit a final written Report to the Client following completion of the agreed services describing the Surveyor’s findings and the condition and/or quality of the object and/or purpose of the assignment, unless otherwise expressly instructed by the Client not to do so. Should the Services involve valuation, inspection, adjusting, calibration, and/or testing, of vessels, machinery, equipment, instruments or other items or articles, any Report on the findings or results of such activities, and any observations, comments and recommendations made in the Report should be deemed to relate to the condition of the items or articles AT THE TIME OF THE INSPECTION.
d. Confidentiality: The Surveyor 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.
e. Property: The right of ownership in respect of all original work created by the Surveyor remains the property of the Surveyor.
f. Conflict of Interest/Qualification: The Surveyor 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 Surveyor to continue his involvement with the appointment. The Client shall be responsible for payment of the Surveyor’s Fees up to date of notification.
7. Jurisdiction and law:
This document is governed by the law in force in Hong Kong and any dispute shall be referred to the Judiciary of Hong Kong.
Without prejudice to Clause 9, the Surveyor shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or willful default of the Surveyor or any of its employees or agents or sub-contractors.
The Client agrees to indemnify the Surveyor with respect to any claim or liability to any other person or entity, including, but not limited to owners, charterers of third party vessels, subsequent purchasers of vessels, owners or occupiers of any premises, for any liability arising from or in connection with the Surveyor undertaking the Services.
10. Force Majeure:
Neither the Surveyor 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.
11. Surveyor’s Right to Sub-Contract:
The Surveyor 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 Surveyor shall remain fully liable for the due performance of its obligation under these Conditions.
12. Time Bar:
If the Surveyor is liable for damages arising from or connected to the Services, no claim may be made unless notice of the claim is lodged within three (3) months from the submission date of the Report to the Client.
Any claims against the Surveyor by the Client shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the Report to the Client.