H&M Survey • LOH Survey
Technical expertise for the maritime industry
TERMS & CONDITIONS
Application:
BV Pilotfish provides services solely in accordance
with below laid “Terms &Conditions”.
BV Pilotfish declares that these “Terms & Conditions”
are available through the usual information’s means.
1. Definitions
"Surveyor"/"Consultant" is the BV Pilotfish's Surveyor/Consultant trading under these conditions which will perform for the Client the required services as agreed, after appointment,
"Client" is the party at whose request or on whose behalf the Surveyor/Consultant undertakes surveying / Consulting services.
“Client servant” is the party that in the chain of appointment received from the “Client” the task to coordinate / facilitate and communicate with the Surveyor/Consultant for the adequate execution of the Mission if the a.m. tasks are not performed by the “Client”
"Report" means any report or statement supplied by the Surveyor/Consultant in connection with instructions received from the Client.
“Appointment date” is the date at which the agreement of service under present “Terms and Conditions” is confirmed /engaged by communication.
“Communication” is verbal or in writing it means, e-mail, letter, text message, telecommunication, use of social media modern communication though which the client will confirm the request of services and related matter.
"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 in relation with the appointment. It may also include mob-demob cost and hires of particular equipment’s that may have been required for the performance of the Mission.
"Fees" means the fees charged by the Surveyor/Consultant to the Client and including any value added tax where applicable and any disbursement. It does not exclude the Surveyor/Consultant/ BV Pilotfish may issue an invoice solely related to Disbursement
2. Mission
The Client will instruct by communication the services which it requires the Surveyor/Consultant to provide. and eventually will introduce the “Client servant” as substitute
The Client will provide adequate company information and instructions that are required for the proper invoicing of the services, fee and disbursement by the Surveyor/Consultant /
BV Pilotfish. The Surveyor/Consultant will confirm by communication 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 by communication.
3. Delegations.
The Surveyor /Consultant may at some occasion delegate punctually the performance of its services /obligations under present “Terms& Condition” without prior consent of the Client to a competent third-party Surveyors /Consultants acting under its own liability
4. Invoice -Fee-Disbursement
The Client shall pay the Surveyor/Consultant's Fees and disbursement if separately issued punctually in accordance with these Conditions and in any event not later than 15 days following the relevant invoice date, or in such other manner as may have been agreed by communication between the parties. Any delay in payment shall entitle the Surveyor/Consultant to interest under Belgian law at the prevailing landing rate, 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 timely all necessary access for the Surveyor/Consultant to goods, premises, vessels, installations and transport onshore and offshore 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 instruction.
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 written Report to the Client in the course of the agreed Services or at its end 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 communication by the Client not to do so.
d) Privacy: General Data Protection Regulation (GDPR) is applicable in Europe
e) 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 or after consideration of the ruling GDPR as per d)
f) Property: The right of ownership in respect of all original work created by the Surveyor/Consultant remains the property of the Surveyor/Consultant.
g) Conflict of Interest: The Surveyor/Consultant shall promptly notify the Client of any matter leading to a conflict of interest, 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 and disbursement up to the date of notification on a door to door basis
h) Qualifications: The Surveyor /Consultant has suitable qualifications and experience to perform reasonably with the adequate level of skill. If at any time the Surveyor /Consultant identify the need of appointing a specialized consultant for the benefit of the Mission, he will inform the Client accordingly and seek its approval in relation to the appointment of the latter if not the Surveyor/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous results.
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 willful 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 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 be limited to the fee paid for the execution of the Mission
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.
d) The Surveyor /Consultant in the event that the Mission included the survey of a vessel or any containment that was containing latent defect that were not apparent at the time of the survey or could not reasonably been discovered at the time of survey due but not limited to lack of access , , limited availability , lack of time is not liable .
7. Indemnity
a) 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.
b) The Client shall indemnify the Surveyor/Consultant /
BV Pilotfish against all damages, cost, claims and expenses suffered by him arising from the execution of the Mission including , but not limited ,loss or damage to any equipment (including that of thirdparties) caused by the Client , or its agent or employees.
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. Termination
Upon mutual agreement of both parties the Mission (§2) can be terminated at any time pending the payment of all incured fee, expenses and disbursement to that time and including extra expenses and disbursement /penalty that may be related to the termination at a location away of Surveyors /Consultants ‘s base unless another agreement for the termination is made.
The Surveyor/Consultant may terminate the appointment forthwith if the Client or its servant fail to communicate and respond in a timely manner to the request of information, instruction or complementary assistance that is deemed required for the proper execution of the Mission (§2) for which the Surveyor /Consultant was appointed. without prejudice to the accrued rights.
The Client or its servant has the duty to inform forthwith by notice of any winding up or receivership or administration or any event that may jeopardise the adequate fulfilment of the Mission and threatens payments of the fee, disbursement or services delivered under present Terms & Conditions to avoid a conflicting termination of the appointment
10. Insurance
The Surveyor/Consultant shall affect 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. 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 Belgium and any dispute shall be subject to the exclusive jurisdiction of the Commercial court of Brussels.
