Terms and conditions
"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
"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.
The Surveyor/Consultant shall provide its services solely in accordance with these terms and
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.
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.
(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.
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.
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.
Captain, Salvage Consultant SCR
Independent Cargo and Marine Surveyor
+45 21 72 80 40