Using a marine surveyor
Types of survey
Terms & Conditions
Survey contract
Quotation
Booking a survey
Indices

Discussion room

 

terms and conditions of business
for the supply of advice and services from
Josty Consulting
yacht and small craft surveyors


1. Definitions The Client the company, firm, person or persons with whom the Agreement is made.
Josty Consulting the firm with which The Agreement is drawn up and is responsible for supplying the services and products.
The Agreement is between Josty Consulting and The Client (constituted by the survey contract drawn up on page 1 of this document) and incorporating, inter alia, these terms and conditions.
Delegate a) employee or agent of Josty Consulting b) any person to whom performance of work or services under The Agreement is delegated or sub-contracted by Josty Consulting
c) any such person’s employees and agents
2. Assignment Neither party shall transfer or assign its rights or obligations under The Agreement without the prior written consent of the other.. The Client may transfer any or all of its rights under The Agreement to any of its affiliate companies, in which case The Client shall procure the acceptance by the assignee of the terms, conditions, exceptions and exemptions of The Agreement.
3. Delegation. if Josty Consulting considers it more efficient or convenient, it may in its discretion procure advice, assistance and services, which it renders under The Agreement, from other persons and may in its discretion delegate performance of one or more of its obligations under The Agreement.
4. Payment (a) Outstanding Payments shall be made within 14 days from the date of the invoice.
(b) The Agreement shall be subject, now or in the future, to levies, taxes, or charges of whatever kind, in the country in which The Client is incorporated and/or operating. The Client shall pay such sums as shall yield to Josty Consulting after payment or withholding of such levies, taxes, or charges, to the full amounts payable under The Agreement.
(d) Overdue Payments shall bear compound interest from due date until payment at a rate of 1.5% per week.
(e) Except where their are self-evident errors in the invoice, payment shall be made by The Client notwithstanding any dispute relating to the billings. Any adjustments consequent upon settlement of such disputes shall be made within 30 days following the settlement.
(f) Where any payment becomes more than 60 days overdue, Josty Consulting shall be entitled , without prejudice to any of its other rights, to terminate The Agreement whereupon payment will become immediately due for the value of work done up to that date.
5. Liability and Indemnity
(a) Josty Consulting shall perform The Agreement with all proper skills and in accordance with the Code of Conduct of the International Institute of Marine Surveyors.
(b) If any work or services under The Agreement are negligently performed or omitted then, so far as may be reasonably practicable, Josty Consulting, at its own expense, will cause such work and services to be correctly performed.
(c) The Client shall not sue any Delegate for any loss or damage of any nature whatsoever suffered by The Client and connected with performance of The Agreement, The Client’s sole remedy shall be against Josty Consulting under this clause.
(d) The total liability of Josty Consulting to The Client for breach of The Agreement and the total third party liability of Josty Consulting and Delegates shall not for any reason whatsoever (including negligence) in aggregate over the duration of The Agreement exceed an amount equal to ten (10) times the fees paid and payable by The Client to Josty Consulting. Josty Consulting’s liability shall expire twelve months after completion of the service in respect of which liability is alleged to arise and thereafter Josty Consulting shall have no liability in respect of that service and/or any alleged default in connection with the provision thereof.
(e) If Josty Consulting or any Delegate does incur third party liability of any nature whatsoever arising out of or connected with performance of The Agreement then (subject to clause 5(f) in this statement) The Client shall indemnify Josty Consulting, or such Delegate, against such third party liability inter alia, sumptos, and this indemnity shall apply even if the third party claim was based on negligence. Further to the extent that Josty Consulting may have indemnified any Delegate against such third party liability, costs or expenses (which Josty Consulting at its sole discretion shall be entitled to do) then The Client shall thereupon be liable to indemnify Josty Consulting accordingly.
(f) Where the reason for third party liability, mentioned in Clause 5(e) was the negligence of Josty Consulting, or any Delegate, the The Client’s indemnity under clause 5(e) shall apply above the limit of liability mentioned in clause 5(d) and Josty Consulting shall be liable up to such limit.
(g) In entering into the agreement contained in clause 5, Josty Consulting contracts both on its own behalf and as agent on behalf of Delegates and also as trustee for their benefit.
(h) Neither party shall be liable to the other for indirect or consequential damages resulting from or arising out of The Agreement including but not limited to loss of use of property, loss of profits, loss of product or business interruption.
6. Confidentiality
(a) The Client undertakes to keep confidential any confidential information disclosed to it by Josty Consulting and not to disclose the same either complete or in part to any third party (including subsidiary companies, holding companies or associate companies) without Josty Consulting’s prior written approval, such undertaking to continue notwithstanding the expiry or termination of The Agreement for so long as the information in question has not:-
(i) Become part of the public knowledge or literature without default on the part of The Client or
(ii) Been disclosed to The Client by the third party (other than one disclosing on behalf of Josty Consulting) whose possession of such information is lawful and who is under no secrecy obligation with respect to the same or
(iii) For a period of 10 years from the date that The agreement terminates, whichever is sooner.
(b) Josty Consulting shall undertake to keep confidential any confidential information disclosed to it by The Client: and Josty Consulting shall be liable to the same constraints as imposed by clause 6(a) on The Client.
7. Force Majeure
Neither party to The Agreement shall be in breach of any obligation hereunder (other than the obligations of The Client to make payment of any monies due to Josty Consulting) insofar as performance thereof has been delayed, hindered, interfered with or prevented by any circumstances beyond its reasonable control.
8. Applicable Law and Arbitration
The proper law of The Agreement is English Law and English Law shall be used for interpreting The Agreement and for resolving all claims or disputes arising out of or connected with The Agreement (whether based on contract, tort, or any other legal doctrine). Any such claim or dispute not settled by negotiation shall be settled by arbitration in London under the rules of the London Court of International Arbitration. The language of the arbitration shall be English.