Terms of Business

These Terms of Business apply to all services provided by Marine Surveyors Asia Pty Ltd (Surveyor) to any client (“Client”) unless otherwise agreed in writing. By engaging our services, the Client agrees to be bound by these terms.

1. Introduction

These Terms of Business apply to all services provided by Marine Surveyors Asia Pty Ltd (ABN [insert]) (“Surveyor”) to any client (“Client”) unless otherwise agreed in writing. By engaging our services, the Client agrees to be bound by these terms.

2. Scope of Services

2.1 The Surveyor will perform the agreed scope of work with due care, skill, and diligence consistent with accepted marine loss adjusting practice.
2.2 The Client must ensure that all instructions are complete, accurate, and provided in reasonable time, and must provide safe access to the vessel or site.
2.3 Any variation to the scope must be agreed in writing.
2.4 Reports are based on the condition and information available at the time of inspection and are limited to accessible areas. No dismantling, intrusive testing, or guarantee of watertight integrity is implied unless stated in writing.

3. Valuations

3.1 Valuations represent an informed opinion as at the stated date and location and are not a warranty of value, marketability, or condition.
3.2 Market conditions, exchange rates, and comparable data are assumed current as at the valuation date.

4. Fees and Payment

4.1 Fees are quoted in Australian dollars (AUD) exclusive of GST unless otherwise stated.
4.2 Payment is due on or before delivery of the report unless otherwise agreed.
4.3 Interest accrues on overdue amounts at 4% above the Reserve Bank of Australia cash rate, calculated daily.
4.4 Cancellations within 48 hours of scheduled attendance may incur a 50% cancellation fee plus any travel costs already incurred.
4.5 Where travel or flights are delayed or cancelled, additional time or costs will be billed at the agreed daily rate.

5. Client Obligations

The Client agrees to:

• Provide accurate information and full access to the vessel or premises.

• Ensure safe working conditions compliant with WHS laws.

• Obtain all necessary permissions for access, inspection, and sea trials.

• Indemnify the Surveyor against losses caused by false, misleading, or incomplete information.

6. Liability and Limitations

6.1 To the fullest extent permitted by law, the Surveyor’s total aggregate liability to the Client, whether in contract, tort, negligence, or otherwise, is limited to the greater of:

• The total fees paid for the services, or AUD $25,000

6.2 The Surveyor shall not be liable for:

• Consequential or economic loss (including loss of profit, opportunity, or reputation);

• Defects, errors, or omissions in information supplied by third parties;

• Hidden, inaccessible, or latent defects;

• Acts or omissions beyond the Surveyor’s reasonable control (including weather, transport delays, or pandemics).

6.3 Nothing in this Agreement excludes any statutory guarantee, condition, or warranty that cannot be lawfully excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
Where such guarantees apply and cannot be excluded, the Surveyor’s liability is limited, to the extent permitted by law, to:
(a) re-supplying the services; or
(b) paying the cost of having the services supplied again.
6.4 Reports are prepared solely for the named Client and may not be relied upon by any third party without the Surveyor’s prior written consent.
6.5 Any claim must be notified in writing within 30 days of the report date, and any legal action commenced within 6 months of delivery of the report.

7. Insurance

The Surveyor maintains Professional Indemnity and Public Liability insurance policies consistent with Australian industry standards. Certificates of currency are available upon request.

8. Intellectual Property

All intellectual property rights in reports, photographs, charts, drawings, and related materials remain the property of the Surveyor.
The Client is granted a non-exclusive licence to use the deliverables for internal business and claim purposes only.
Reports may not be altered, copied, or distributed without prior written permission.

9. Termination

9.1 Either party may terminate this Agreement on 14 days’ written notice.
9.2 The Surveyor may terminate immediately if the Client:

• Fails to pay any invoice within 28 days;

• Fails to cooperate or provide instructions; or

• Becomes insolvent.
  10.3 Termination does not affect accrued rights or obligations.

10. Force Majeure

Neither party is liable for delay or failure to perform obligations due to events beyond reasonable control, including natural disasters, industrial action, war, or government restrictions.

11. Governing Law and Dispute Resolution

11.1 This Agreement is governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of its courts.
11.2 Before commencing litigation, the parties must attempt in good faith to resolve disputes through negotiation, and if unresolved, by mediation administered by the Resolution Institute (Australia).

12. Notices

All notices under this Agreement must be in writing and delivered by hand, registered post, or email to the last known business address or email of the other party.

13. Entire Agreement

These Terms of Business constitute the entire agreement between the Surveyor and the Client and supersede all prior discussions or understandings.
Any amendment must be in writing and signed by both parties.

14. Interpretation

Words importing the singular include the plural and vice versa.
References to “the Surveyor” include the Surveyor’s employees, contractors, and agents.