These are the standard terms and conditions which shall apply to all contracts entered into
by the surveyors/consultants & clients with Solent Marine Consultants Ltd., 4 Alexandra
Road, Southampton SO15 5DG, UK.
1. Jurisdictions and Law
These Conditions shall be governed by and construed in accordance with the laws of
England and Wales and any dispute shall be subject to the exclusive jurisdiction of the
English Courts.
2. Definitions
Surveyor/Consultant: The Surveyor/Consultant trading under these
conditions. Client: The party at whose request or on whose behalf the Surveyor/Consultant
undertakes surveying services. Report: Any statement/report supplied by the
Surveyor/Consultant in connection with instructions received from the
Client. Disbursements: 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: The fees charged by the
Surveyor/Consultant to the Client and including any value added tax where applicable and
any Disbursements.
3. Scope
The Surveyor/Consultant shall provide its services solely in accordance with these terms and
conditions and any service level agreements issued.
4. Work
The Client will set out in writing the services, which it requires the Surveyor/Consultant to
provide. The Surveyor/Consultant will confirm in writing that it accepts those instructions
alternatively what services it will perform in connection with the Client’s instructions. Once
the Surveyor/Consultant and the Client have agreed what services are to be performed, the
subsequent or any additional changes must be agreed in writing by both the parties.
5. Payment
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 3% above the Unsecured
Lending Rate of HSBC UK prevailing at the time of default.
6. Obligations and Responsibilities
(a) Client: The Client is to ensure that full instructions are issued to the Surveyor/Consultant
in writing and are provided in sufficient time to enable the required services to be performed
effectively and efficiently. The Client is to procure all necessary access for the
Surveyor/Consultant 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 / Consultant shall not be liable for the consequences of late,
incomplete, inadequate, inaccurate or ambiguous instructions. (b) Surveyor: The
Surveyor/Consultant shall use reasonable care and skill in the performance of the services in
accordance with sound marine surveying/consulting practice. (c) Reporting: The
Surveyor/Consultant shall submit a final written Report to the Client following completion of
the agreed services describing the Surveyor’s/Consultant’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. (d) Confidentiality: The Surveyor/Consultant is at no point 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/Consultant remains the property of the Surveyor/Consultant. (f) Conflict of
Interest/Qualification: The 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 Surveyor/Consultant to continue its involvement with the
appointment. The Client shall be responsible for payment of the surveyor/Consultant’s Fees
up to the date of notification.
7. Liability
(a) Without prejudice to Clause 8, the 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 willful default of the Surveyor/Consultant or
any of its employees or agents or sub-contractors.
(b) In the event that the Client proves that the loss, damage, delay or expense was caused
by the negligence, gross negligence or willful default of the Surveyor/Consultant aforesaid,
then, save where loss, damage, delay or expense has resulted from the
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 Surveyor’s/Consultant’s liability for each incident or series of incidents giving rise
to a claim or claims shall never exceed a sum invoiced for that particular assignment or job.
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.
8. Indemnity
Except to the extent and solely for the amount therein set out that the Surveyor/Consultant
would be liable under Clause 7, 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 Surveyor/Consultant may suffer or incur
(either directly or indirectly) in the course of the services under these Conditions.
9. Force Majeure
Neither the 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.
10. Insurance
The Surveyor/Consultant shall effect and maintain, at no cost to the Client, Professional
Liability Insurance for such loss and damage for which the Surveyor/Consultant may be held
liable to the Client under these terms and conditions.
11. Surveyor’s/Consultant’s Right to Sub-contract
The 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 Surveyor/Consultant shall remain fully liable for the due
performance of its obligations under these Conditions.
12. Time Bar
Any claims against the Surveyor/Consultant 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.