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Steffen Schultz
Captain, Salvage Consultant SCR

Independent Cargo and Marine Surveyor

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+45 21 72 80 40

Terms and conditions PDF Print E-mail

 

1. Definitions

 

"Surveyor"/"Consultant" is the Surveyor/Consultant trading under these conditions.

"Client" is the party at whose request or on whose behalf the Surveyor/Consultant undertakes

surveying services.

"Report" means any report or statement supplied by the 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, subsistence and hotel

accommodation where an overnight stay is necessary.

"Fees" means the fees charged by the Surveyor/Consultant to the Client and including any

value added tax where applicable and any Disbursements.

 

2. Scope

 

The Surveyor/Consultant shall provide its services solely in accordance with these terms and

conditions.

3. 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 or

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 Services) any subsequent changes or additions must be agreed by both parties in writing.

 

4. Payment

 

The Client shall pay the Surveyor/Consultant's Fees punctually in accordance with these

Conditions and in any event not later than 8 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 8% above the Base Lending

Rate of the Danish Central Bank prevailing at the time of default.

 

5. Obligations and Responsibilities

 

(a) Client: The Client undertakes to ensure that full instructions are given to the

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

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 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/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.

 

6. Liability

 

(a) Without prejudice to Clause 7, 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 wilful default of the Surveyor/Consultant

or any of its employees or agents or subcontractors.

 

(b) In the event that the Client proves that the loss, damage, delay or expense suffered

was caused by the negligence, gross negligence or wilful 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 of USD 250.000,-

 

(c) Without prejudice to (a) and (b) above, the Surveyor/Consultant shall not be liable for

loss of or damage to physical equipment and property placed at its disposal by, or on behalf,

of the Client however such loss or damage occurs, unless such loss or damage was caused

by act or omission committed with intent to cause some or recklessly with knowledge that

such loss or damage would probably result.

 

7. Indemnity

 

Except to the extent and solely for the amount therein set out that the 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, but not limited to, 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.

 

8. Force Majeure

 

The Surveyor/Consultant and/or the Client shall not, except as otherwise provided in these

Conditions, be responsible or have any liability for any loss, damage, delay or failure in

performance hereunder arising or resulting from act of God (including, but not limited

to earthquake, flood, tsunami, volcano, hurricane, tropical storm, cyclone, blizzard or

other similar event), act of war, terrorist attack, nuclear contamination, seizure under

legal process, epidemic quarantine restrictions, strikes, boycotts, lockouts, riots, civil

commotions and arrest or restraint of princes, rulers or people. Following a force majeure

event either party may serve notice on the other to terminate the agreement.

 

9. 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.

 

10. 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 subcontract the Surveyor/Consultant shall remain

fully liable for the due performance of its obligations under these Conditions.

 

11. 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.

 

12. Jurisdiction and Law

 

These Conditions shall be governed by and construed in accordance with the laws

of Denmark and any dispute shall be subject to the exclusive jurisdiction of

the Danish Courts.