All services rendered by Mercurius Survey (the “Surveyor”) shall be governed exclusively by these General Terms and Conditions. The Surveyor acts at all times as an independent contractor and not as an agent, servant, joint venturer or representative of the Client.
2. Scope of Services The Surveyor provides inspections, surveys, draft surveys, tank and hold inspections, inland barge gauging, superintendence, damage and loss surveys, sampling, and other related marine and cargo services, as instructed by the Client. All services are performed with reasonable care and skill, in accordance with generally accepted international surveying practices. Any report, statement or advice issued by the Surveyor reflects observations made at the time and place of attendance only and shall not constitute any guarantee, warranty or certification, unless expressly agreed in writing.
3. Instructions & Reliance The Surveyor is entitled to rely upon instructions received from the party requesting the services. Reports are issued solely for the benefit of the instructing party. No third party shall be entitled to rely upon any report or finding without the Surveyor’s prior written consent.
4. Limitation of Liability 4.1 The Surveyor shall only be liable for direct physical loss or damage arising as a result of proven negligence in the performance of the services. 4.2 The Surveyor shall under no circumstances be liable for: Consequential or indirect losses Loss of profit, loss of market, demurrage, detention or off-hire Pure economic loss Any loss arising from inaccurate, incomplete or misleading information provided by third parties 4.3 The Surveyor’s total aggregate liability, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the lower of: Five (5) times the fee charged for the relevant service; or EUR 50,000 per incident. 4.4 Any claim must be notified to the Surveyor in writing within fourteen (14) days of the date of the relevant report. 4.5 Any right to claim shall be extinguished unless legal proceedings are commenced within twelve (12) months from the date the service was performed.
5. Indemnity The Client shall indemnify and hold harmless the Surveyor against all claims, losses, damages and expenses brought by third parties arising out of or in connection with the services, except to the extent caused by the Surveyor’s proven wilful misconduct.
6. Force Majeure The Surveyor shall not be liable for any delay, non-attendance or failure to perform resulting from circumstances beyond its reasonable control.
7. Payment Terms Invoices shall be payable within fourteen (14) days from the invoice date. The Surveyor reserves the right to suspend or withhold services in the event of overdue payment.
8. Governing Law & Jurisdiction These General Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands. All disputes arising out of or in connection with these Terms shall be submitted exclusively to the competent courts of Amsterdam, the Netherlands.
