Terms and Condition of services
“Consult Maritime LLC” is the Surveyor/Consultant trading under these conditions.
“Client” is the party at whose request or on whose behalf Consult Maritime LLC undertakes surveying services.
“Report” means any written reports or statements supplied by Consult Maritime LLC in connection with instructions received from the Client.
“Disbursements” means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches, 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 Consult Maritime LLC to the Client including any disbursements
and any tax where applicable.
Consult Maritime LLC shall provide its services solely in accordance with these terms and conditions.
The Client will set out in writing the required services to be provided by Consult Maritime LLC. Consult Maritime LLC will confirm in writing that it accepts those instructions -or- alternatively what services it will perform in connection with the Client's instructions. Once Consult Maritime LLC and the Client have 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 fees to Consult Maritime LLC punctually in accordance to these conditions and in any event not later than 14 days from the date of issue of the invoice, or in such other manner as may have been agreed in writing between the parties. Any delay in payment shall entitle Consult Maritime LLC to an interest of 10 % annual percentage rate (APR).
Please note that our reports are the copyright of Consult Maritime LLC. If payment for our services is not forthcoming you are advised that copyright is withheld. You may not use, copy, disseminate or put into action the advice and recommendations given in the report until payment has been received if so, a release will be issued.
5. Obligations and Responsibilities
The Client undertakes to ensure that full instructions are given to Consult Maritime LLC and that they are provided with sufficient time to enable the required services to be performed effectively and efficiently. The Client also undertakes to provide and or procure all necessary access for Consult Maritime LLC to goods, premises, vessels, installations, and transport and to ensure that all appropriate safety measures are taken to provide Consult Maritime LLC a safe and secure working conditions.
Consult Maritime LLC shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
Machinery will not be opened up for inspection or for compression tests. No chemical tests will be carried out on fuel or water.
Consult Maritime LLC shall use reasonable care and skills in the performance of the services in accordance with sound marine surveying / consulting practice and prevailing international rules and regulations.
Consult Maritime LLC adheres to the Code of Conduct of the International Institute of Marine Surveying IIMS (U.K.)
Consult Maritime LLC shall submit a final written report to the Client following the 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.
It is to be clearly understood that the condition/state of items reported upon are strictly the opinions of the attending surveyor(s) and that opinion reflects the condition/state found on the date of survey, taking into consideration the vessel’s age. Items reported upon are described in comparison with vessels of similar age and type.
The report will be prepared specifically for the Client(s) and is only for their use, but copyright remains to Consult Maritime LLC. Copies in whole or in part should not be released to or consulted by other parties without the express prior permission from Consult Maritime LLC. While all due care and diligence will be exercised in the collection of data and for the preparation of the report, Consult Maritime LLC purports to provide an advisory service only based on the opinion and experience of the individual Consultant responsible for its compilation. Consult Maritime LLC issues such advice in good faith and without prejudice nor guarantee. Anyone wishing to rely on such opinion should first satisfy him/herself as to its accuracy and feasibility. Consult Maritime LLC shall not be liable for any loss (including indirect and consequential loss), damage, delay, loss of market, costs, expenses of whatsoever nature or kind and however sustained or occasioned. Notwithstanding the aforementioned, notice of a claim or suit must be made to Consult Maritime LLC in writing within 90 (ninety) days of the date the services were first performed or the date the damages were first discovered, whichever is the latter. Failure to report or if notice of claim were not provided shall constitute an absolute bar to the claim or suit against Consult Maritime LLC.
The survey will be a factual report on the inspection carried out. Any opinions expressed will be given in good faith as to the condition of the vessel as seen at the time of the survey.
This report carries no warranty regarding ownership of the vessel or any warranty regarding outstanding mortgage, charge or other debt there may be on the vessel. The survey is personal and confidential to our Client and has no extended warranty if disposed of to a third party for any purpose without the permission of Consult Maritime LLC.
Consult Maritime LLC undertakes not to disclose and will not permit any access to any information provided in confidence by the Client to any third party unless the Client expressly grants permission to do so and/or when required by an order of a competent court of law.
While the right of ownership to information and photographs contained in reports remain that of the Client, the right of ownership to original work as well as intellectual property shall remain that of Consult Maritime LLC.
Consult Maritime LLC shall be entitled to keep records of all reports, photographs and other materials used for delivery of services. Such records shall be maintained in accordance with 5(d).
(f) Conflict of Interest / Qualification
Consult Maritime LLC 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 Consult Maritime LLC to continue its involvement with the appointment/project.
The Client shall be responsible for the payment of Consult Maritime LLC fees up to the time of notification.
Consult Maritime LLC 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 Consult Maritime LLC or any of its employees, agents or sub-contractors.
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 Consult Maritime LLC and such aforesaid 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 it would probably result in such loss, damage, delay or expense, the Surveyor’s/Consultant’s liability for each incident or series of incidents giving rise to a claim or claims shall be limited to a sum of five times the surveyor’s fees for the inspection of the surveyed vessel.
Consult Maritime LLC shall not be liable for loss of or damage to any equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.
7.1 All or any part of the Consultancy Services may be terminated at such time or times as Consult Maritime and the Client may mutually agree.
7.2 Consult Maritime may terminate this Agreement forthwith if:
7.2.1 the Client is in breach of any of its obligations hereunder; or
7.2.2 the Client suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts; or
7.2.3 the Client commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts; or
7.2.4 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding of the Client; or
7.2.5 bankruptcy proceedings have started against the Client or the Client has been bankrupted or is an event of default or any other similar position.
7.2.6 any event occurs or proceeding is taken with respect to the Client in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in 7.2.2 to 7.2.5 (inclusive); or
7.2.7 any circumstances whatsoever beyond the reasonable control of Consult Maritime that necessitate the termination for whatever reason of the provision of Consultancy Services.
7.3 In the event of termination, Consult Maritime shall retain any sums already paid to it by the Client without prejudice to any other rights that Consult Maritime may retain whether at law or the Agreement.
8. Force Majeure
Neither Consult Maritime LLC 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. Consult Maritime LLC’s Right to Sub-contract
Consult Maritime LLC 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, Consult Maritime LLC shall remain fully liable for the due performance of its obligations under these conditions.
10 Prevention of Corruption
The Customer shall not offer or give, or agree to give, to any member, employee or representative of Consult Maritime or any other third party any gift or consideration of any kind as an inducement or reward for doing or refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of this Contract or any other contract with Consult Maritime or for showing or refraining from showing favor or disfavor to any person in relation to this or any such contract.
11. Time Bar
Any claims against Consult Maritime LLC 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. Applicable Law and Jurisdiction
The foregoing Terms & Conditions and any dispute arising therefrom shall be governed by and construed in accordance with the laws of the State of New Jersey