Terms and Conditions

Our Terms and Conditions – Recreational & Non-Survey Vessels

A Plain English Introduction

These Terms and Conditions for services between Marsden Marine Services Ltd, trading as Marsden Marine Ship Surveyors & Valuer’s, and a client/customer. It is a critical piece of documentation that seeks to assist all parties to ensure an understanding of the services being undertaken, the expected outcome, and the estimated cost/payment terms.  

Terms and Conditions form a legal contract to fall back onto if either party does not hold up their obligations and has been set up to fairly balance risks for all parties. As marine survey services are so diverse and can cover many different aspects and criteria, it is critical to make sure that the documented agreement protects both parties’ interests and fairly allocates risk. This document can be used in the case of a defined survey request or a quote for services. Please do not hesitate to contact Marsden Marine should you have any questions regarding these Terms and Conditions.

Further information and guidance regarding terms and conditions and survey standards can be found via the Australasian Institute of Marine Surveyors web site.

Standard Terms and Conditions

Acceptance of the submitted quote, via electronic or verbal means, is acceptance of the Standard Terms and Conditions between:

The Contractor, or service provider such as, Marsden Marine Services Limited, its subcontractor or nominated party,

and the Client, as denoted on the quote or pro forma invoice.

WHEREAS:

  1. Marsden Marine Services Ltd is contracted to provide specialist expertise and services in the marine survey field or other specified marine services.
  2. The Client is seeking such services [or whatever general description of the Contractor’s expertise applies].
  3. Marsden Marine Services Ltd is able to provide the specialist skills and experience that  the client wishes to engage as per the terms of the specific engagement.

IT IS HEREBY AGREED IN THESE TERMS AND CONDITIONS THAT:

Terms and Conditions – Performance of Services

  1. The Contractor hereby agrees and sets out in these Terms and Conditions to undertake supply of the following services [details of services to be specified, hours, type of service, location, etc.] and undertakes to comply with any reasonable requirements relating to the performance of these services which shall be communicated in writing to the contractor by the client.
  1. The price for the services will be default pricing of $250.00+GST per hour plus expenses,

Or

The price for the services as quoted.

  1. The price charged by the Contractor is specific to this Agreement only.
  1. The Contractor will supply all equipment, software, and other expertise necessary for the provision of the services with the exception of certain services which are listed at Annex 1.
  1. The Client will provide for the vessel to be appropriately berthed with safe access, ready for survey.
  1. The Contractor will provide the Client with an invoice for the services showing the date of each day allocated to the provision of the services and detailing the time spent in performing the services.
  1. The Client will pay the Contractor the amount quoted and agreed upon prior to receiving the final marine survey or as per agreed payment terms.
  1. The Client agrees and understands that the condition/state of items reported reflects the condition/state found commencing on the date of the survey and ending with departure from the vessel and takes into consideration the specific details of the inspection required, the vessel’s age and the items reported upon.
  1. The Contractor and Client agree that defects and or faults which are outside of the terms agreed that may be identified after the services have been delivered are not the responsibility of the Contractor and liability lies with the Client.
  1. The Contractor agrees that the survey report will be a factual report on the inspection carried out, and the opinions expressed are given in good faith as to the condition of the vessel as seen at the time of the survey.
  1. The Contractor will indemnify the Client for claims or loss arising from a breach of professional duty in the provision of professional services, however the liability of the Contractor is reduced to the extent that the Client or other person(s) caused or contributed to the loss or occurrence of subsequent defects, or defects not discovered at the time of the survey in metal strakes or areas of the vessel which are covered, unexposed, or not accessible without the use of tools to the surveyor internally due to the installation of non-removable linings, panels and internal structures, etc, or agreement and permission and instructions not being given to the surveyor to gain access to closed off areas. 
  1. This Agreement remains in effect from the date of execution until the completion of services agreed.

Terms and Conditions – Relationship between the parties

  1. This Agreement does not constitute any company, partnership, or joint venture between the parties for any purpose. Neither party to this Agreement shall have any right to incur any liabilities or obligations on behalf of or binding upon the other party except as provided for in that Agreement.
  1. Nothing in this Agreement constitutes a relationship of employer and employee. The Contractor must not act in any way other than as an independent contractor of the Client.
  1. The Client will not be responsible for any payments in respect of the remuneration of the Contractor’s personnel including salary and wages, annual leave, sick leave, long service leave, or superannuation.
  1. Where agreed, the work carried out to achieve the results set out in this agreement can be undertaken by another person provided by the Contractor. This arrangement will be subject to the substitute Contractor having the appropriate qualifications and relevant experience, and to the Client’s approval. The Client maintains the right to veto the choice of substitute.
  1. The ownership of any intellectual property, unless in the public domain, generated by or introduced into the services by the Contractor remains at all times with the Contractor unless otherwise specifically agreed in writing. All written data to be exchanged by the parties to this agreement shall be regarded as confidential and shall remain the property of the discloser. All such written data shall be immediately returned to the discloser upon written request or at the expiry of this agreement.

Terms and Conditions – Confidentiality

  1. The parties agree that confidential information disclosed to the other party remains at all times confidential and each party indemnifies the other in respect to all loss, damage, claim, liability, cost, or expense suffered by the discloser arising from any breach of this agreement. Marsden Marine Services reserves the right to provide information associated with survey or inspection activities to formal court or dispute proceedings, including proceedings involving third parties.
  1. Marsden Marine Services Ltd (the Contractor) shall not disclose and shall use its best endeavors to prohibit and prevent the unintentional disclosure of the final marine survey report.

Terms and Conditions – Disputes

  1. If any dispute arises involving the performance of this contract or the interpretation of its terms, before resort to legal action is had by either party, it is agreed that if negotiations fail, the parties shall utilise mediation by each party bearing their own costs.

Terms and Conditions – Governing law

  1. This Agreement shall be governed by and construed in accordance with New Zealand Law and the parties to this Agreement agree to submit, subject to clause (6), to the jurisdiction of its Courts.

Terms and Conditions – Survey Schedule

  1. The survey schedule presented to the client sets out the scope of services to be delivered. Any additional scope or requirements should be discussed to indicate who is responsible for the arrangement of access, expenses for sea trials or other survey aspects.

Please don’t hesitate to Contact Us should you have any queries.