Standard terms & conditions for surveyors & consultants (Anchor Marine Survery)

Definitions

Under these circumstances, the Surveyor/Consultant is referred to as “Surveyor” or “Consultant”. “Client” refers to the entity that requests or represents the party for whom the consultant or surveyor provides surveying services. “Report” refers to any document or statement provided by the surveyor/consultant in response to the client’s orders.

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 refers to the costs that the surveyor or consultant charges the client, along with any applicable value-added tax and disbursements.
2. Scope
All services provided by the Surveyor/Consultant must be provided in compliance with these terms and conditions.
3. Work
In writing, the client will specify the services that the surveyor/consultant must perform. In writing, the Surveyor/Consultant will attest to its acceptance of the instructions or, if not, outline the services it will provide in accordance with the client’s requests. Any such modifications or additions must be approved in writing by both the Surveyor/Consultant and the Client after they have decided on the services to be provided (the Services).
5. Obligations and Responsibilities
(a) Client: The Client agrees to procure all necessary access for the Surveyor/Consultant to goods, premises, vessels, installations, and transportation, as well as to ensure that all necessary safety precautions are taken to provide safe and secure working conditions. The Surveyor/Consultant will receive full instructions from the Client, and they will be provided in a timely manner to enable the required Services to be performed effectively and efficiently. If instructions are given that are unclear, erroneous, inadequate, or incomplete, the surveyor/consultant will not be held responsible. (b)Surveyor: The Surveyor/Consultant should undertake the services in conformity with good maritime surveying/consulting practice, using reasonable care and competence.
 (c) Reporting: Upon completion of the agreed Services, the Surveyor/Consultant, unless specifically instructed otherwise by the Client, shall furnish the Client with a final written Report summarizing the Surveyor’s/Consultant’s findings and the state and/or quality of the object and/or purpose of the assignment.
(d) Confidentiality: Aside from situations in which a competent court of law orders it, the Surveyor/Consultant agrees not to reveal any information supplied in confidence by the Client to any third party and will not allow access to such information by any third party without the Client’s express consent.
(e) Property: All original work produced by the surveyor or consultant is still their property, and they retain the ownership rights.
(f) Conflict of Interest/Qualification: Any issue that would make it inappropriate for the Surveyor/Consultant to continue working on the appointment, such as a conflict of interest or insufficient training and experience, will be promptly reported to the Client by the Surveyor/Consultant. Up until the notification date, the Client is in charge of paying the Surveyor/Consultant’s fees.
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 never exceed a sum calculated on the basis of twice the Surveyor’s/Consultant’s charges.
 (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.
4. Payment
 The Client shall pay the Surveyor/Consultant’s Fees punctually in accordance with these Conditions and in any event not later than 30 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 beyond the agreed timeline shall entitle the Surveyor/Consultant to charge additional 10% on original invoice per calendar month.
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 Kingdom of
Saudi Arabia and any dispute shall be subject to the exclusive jurisdiction of the Saudi Arabian Courts.