“SEAWEIGH” is Seaweigh Pty Ltd, its employees, sub-contractors and agents trading under these Conditions.
“Client” is the party at whose request or on whose behalf SEAWEIGH provides goods and /or services and for the payment of invoices arising therefrom. . “Report” means any report or statement supplied by SEAWEIGH in connection with instructions received from the Client. “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, refreshments and accommodation where an overnight stay is necessary. “Fees” means the fees as set out in the invoice from SEAWEIGH to the Client, including any value added tax where applicable and any Disbursements.
SEAWEIGH shall provide its services solely in accordance with these Terms and Conditions.
SEAWEIGH shall only proceed with provision of services upon request in writing by the Client clearly stating requirements and scope of the services. SEAWEIGH will confirm in writing its acceptance of and to what extent it shall provide services in connection with the Client’s instructions. Once the work is confirmed and agreed between SEAWEIGH and the Client, any variation to the work shall require both parties to agree in writing.
An invoice for the supply of goods or services shall be issued within 48 hours of the completion and reporting of the work. Unless otherwise stipulated, the Client shall pay the fees set out in the SEAWEIGH invoice not later than 14 days following the invoice date.
Payments should be made by electronic funds transfer (EFT) to:
Bank: Commonwealth Bank of Australia
To favour of: SEAWEIGH Pty Ltd
Account Number: 1102 3408 Swift Code: CTBAAU2S400
Reference: Invoice number
5. Obligations and Responsibilities
(a) Client: The Client undertakes to ensure that full instructions are given to SEAWEIGH and are provided in sufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for SEAWEIGH to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions. SEAWEIGH shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
(b) SEAWEIGH shall use reasonable care and skill in the performance of the services in accordance with marine surveying best practice and in line with the Australasian Institute of Marine Surveyors Code of Practice for Common Surveys and the Code of Ethics.
(c) Reporting: SEAWEIGH shall submit a final written Report to the Client following completion of the agreed services, unless otherwise instructed by the Client not to do so.
(d) Confidentiality: SEAWEIGH 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 except where required to do so by an Order of a competent court of law.
(e) Property: The right of ownership in respect of all original work created by SEAWEIGH remains the property of SEAWEIGH.
(f) Conflict of Interest/Qualification: SEAWEIGH shall promptly notify the Client of any matter including conflict of interest or lack of suitable qualifications and experience, which would render it undesirable for the SEAWEIGH to continue its involvement with the appointment. The Client shall be responsible for payment of the SEAWEIGH’s Fees up to the date of notification.
(a) Without prejudice to Clause 7, the SEAWEIGH 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 SEAWEIGH or any of its employees or agents or sub-contractors.
(b) In the event that the Client proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or willful default of SEAWEIGH aforesaid, then, save where loss, damage, delay or expense has resulted from SEAWEIGH’s action or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, SEAWEIGH’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 ten times SEAWEIGH’s charges. SEAWEIGH shall not be liable for loss of or damage to equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.
Except to the extent and solely for the amount therein set out that SEAWEIGH would be liable under Clause 6, the Client hereby undertakes to keep SEAWEIGH 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 legal costs and expenses on a full indemnity basis) which SEAWEIGH may suffer or incur (either directly or indirectly) in the course of the services under these Conditions.
8. Force Majeure
Neither SEAWEIGH nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.
SEAWEIGH shall effect 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.
10. Surveyor / Consultant’s Right to Sub-contract
SEAWEIGH 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 sub-contract SEAWEIGH shall remain fully liable for the due performance of its obligations under these Conditions.
11. Time Bar
Any claims against the SEAWEIGH 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 Queensland, Australia and any dispute, action or proceedings will be subject to determination in a court of competent jurisdiction in Queensland.