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Robert Bingham Yacht Surveys A.M.RINA Affiliate Member YDSA

A Professional and Comprehensive Service for all your Marine Survey Requirements
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Important information
Our Service Commitment
Within 72 hours of the vessel being inspected we commit to mail/email/hand you a professionally presented survey.
When and where possible we will aim to deliver sooner.
Privacy Policy
The personal details that you provide us with will only be seen by us and will be kept secure.
Trading Terms of Business (provided at the time of Survey)

Definitions

We, us, our: [Robert Bingham Yacht Surveys]

The Client: [You]

Liability and limitations

1. All services and reports are provided for our named Clients' use only. No liability of whatever nature is assumed towards any other party and nothing in these terms,
or the relationship between us and our Clients, shall confer or purport to confer on any third party a benefit or the right to enforce any provision of these terms.

2. We shall undertake the services to which these terms relate with reasonable care, skill and diligence, but we shall have no responsibility or liability whatsoever except
insofar as the Client suffers loss or damage in consequence of our negligence, gross negligence or wilful default. Notwithstanding any other provision of these terms:

2.1 our liability shall expire 12 months after completion of the services in respect of which liability is alleged to arise and we shall thereafter have no liability in respect
of those services and/or any alleged default in connection with the provision thereof;

2.2 we shall not be liable in respect of any breach of our obligations (1) for any loss, damage, delay or expense of whatever nature whether direct or indirect (including but
not limited to loss of profit and loss of use) and howsoever arising or resulting whether directly or indirectly in the course of or as a result of the provision of our services,
under these terms or otherwise, (2) of which written notification shall not have been given within 14 days of the date on which the Client ought reasonably to have become
aware of the existence of such breach, or (3) resulting from unforeseeable causes beyond our reasonable control;

2.3 the Client covenants with us and our servants and agents that no such servant or agent shall in any circumstances whatsoever be under any liability for any loss arising
or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to
the generality of the foregoing, every exemption, limitation and condition herein contained and every right, exemption and limitation of liability applicable to us or to which
we are entitled hereunder shall also be available to protect every such servant or agent acting as aforesaid and for the purpose of the foregoing provisions we are or shall be
deemed to be acting as agents or trustees on behalf of and for the benefit of all persons who are or might be our servants or agents from time to time and all such persons
shall to this extent be or be deemed to be parties to these terms;

2.4 under no circumstances shall our liability exceed a total of [10] times the fee payable hereunder.

Fees

3. Fees and expenses shall become due and payable on such terms and in such amounts as shall be agreed from time to time. VAT or other EU equivalent shall be payable,
if applicable, in addition to all fees and expenses. Invoices will be submitted in respect of all fees and expenses when due and the amount of each invoice shall be settled within
14 days of receipt. Interest shall be payable on all amounts owing and unpaid at a rate of 3% above EURIBOR.

Default

4.1 Client default: We may terminate our appointment forthwith if the Client fails for more than 14 days to pay any sum due when demanded, or if the Client fails consistently
to respond promptly to requests for information and/or instructions and fails adequately to respond to 14 days' formal notice of such failure, without prejudice to our accrued
rights.

4.2 Other defaults: Either party may terminate our appointment forthwith by notice if the other party shall: have a petition presented for its winding up or administration which
is not discharged within 14 days of presentation or any other action is taken with a view to its winding up (otherwise than for the purpose of reorganisation or amalgamation
without insolvency), or become bankrupt or commit an act of bankruptcy, or make any arrangement or composition for the benefit of creditors, or have a receiver or manager or
administrative receiver or administrator or liquidator appointed in respect of any of its assets, or have anything analogous to any of the foregoing under the laws of any jurisdiction
occur to it, or cease or threaten to cease to carry on business; without prejudice to the accrued rights of the other party.

Law and disputes

5. These terms shall be governed by and construed in accordance with English law and any dispute or difference arising, or claim made, between or by the parties out of or in
relation to or in connection with the provision of services to which these terms relate and which cannot be resolved by the parties shall be submitted to the non-exclusive
jurisdiction of the High Court of England and Wales.

Miscellaneous

6. No exercise or failure to exercise or delay in exercising any right, power or remedy vested in either party shall be deemed to be a waiver by that party of that or any other
right, power or remedy.

7. Neither party shall transfer or assign its rights or obligations under these terms without the prior written consent of the other.

8. In the event that any provision of these terms is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from these terms
and shall be of no force or effect and these terms shall remain in full force and effect as if such provision had not been contained therein. Notwithstanding the foregoing in the
event of any such deletion the parties shall negotiate in good faith in order to agree the terms of an acceptable alternative provision.

9. These terms form the entire agreement between the parties and supersede all previous agreements and understandings between the parties, and no warranty, condition,
description, term or representation is given or to be implied by anything said or written in negotiations between the parties or their representatives prior to the communication
of these terms.

10. References to "we" and "us" include our employees and persons, firms and companies appointed or engaged by us as our agents for carrying out any work or services under
these terms, all persons, firms and companies to whom performance of any work or services under these terms is sub-contracted or delegated by us, and all agents and employees
of persons, firms and companies referred to in this clause.

11. Any communication required to be given under these terms by either party shall be in writing and shall be sufficiently given either by letter, fax or electronic mail (provided
the same is capable of being recorded by the recipient in durable form) sent to the other at the contact details previously notified and any such notice shall be deemed to have
been given at the time at which it would in the ordinary course of transmission have been received.

12. Both parties undertake to maintain the confidentiality of all information supplied by each other and not to divulge such information to third parties without the prior written
authority of the other.

Survey Contract (provided at the time of Survey)

I/WE*, HAVING OBTAINED PERMISSION FROM THE OWNER (WHERE RELEVANT), HEREBY REQUEST THAT YOU CARRY OUT A CONDITION/PRE-PURCHASE/INSURANCE* SURVEY
SUBJECT TO YOUR NORMAL TERMS OF SURVEY, WHICH I HAVE RECEIVED, READ AND UNDERSTOOD, AND TO ANY SPECIAL INSTRUCTIONS LISTED BELOW, ON THE VESSEL NAMED:

………………………………………………… TYPE:……………………………………………………

TO BE INSPECTED AT:………………………………………………………………………………

ON: (DATE)………………………………

I/WE* HEREBY AGREE TO PAY ANY FEES AND EXPENSES REASONABLY INCURRED AND CHARGED BY THE SURVEYOR AND UNDERSTAND THAT I AM/WE ARE RESPONSIBLE FOR ALL
CHARGES FOR BOAT MOVEMENTS, SLIPPING, DOCKING, REMOVALS, REPLACEMENTS AND REINSTATEMENT WORK ARISING IN PREPARATION FOR AND PROCESS OF THE SURVEY.

IT IS UNDERSTOOD AND AGREED THAT THE SURVEYOR’S REPORT WILL BE A FACTUAL STATEMENT OF THE EXAMINATION CARRIED OUT WITHIN STATED LIMITATIONS AND WITH
OPINIONS GIVEN IN GOOD FAITH AS FAR AS SEEN AND ACCESSIBLE AT THE TIME OF THE SURVEY. IT CARRIES WITH IT NO GUARANTEE AGAINST FAULTY DESIGN OR LATENT
DEFECTS OR SUITABILITY OF THE VESSEL FOR ANY PARTICULAR PURPOSE NOR ANY GUARANTEE OF COMPLIANCE WITH ANY PARTICULAR NATIONAL OR INTERNATIONAL RULE,
REQUIREMENT, REGULATION, LAW, STANDARD OR CODE UNLESS SPECIFICALLY REQUESTED AS A SPECIAL INSTRUCTION ON THIS FORM AND CONFIRMED IN THE TEXT OF THE
REPORT. LIABILITY FOR THE REPORT IS SOLELY TO THE INSTRUCTING CLIENT AND TO NO OTHER THIRD PARTY UNLESS OTHERWISE SPECIFIED AND AGREED. IT IS FURTHER
AGREED THAT NO LIABILITY WILL ARISE FOR ANY CONSEQUENTIAL OR ECONOMIC LOSS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF USE.


FEE QUOTED:……………………… DATE……………………………..

CLIENT`S NAME(S):……………………………………………… SIGNED…………………………..

ADDRESS………………………………………………………………………………………………………………………………………………………………………………………………………………………

DAYTIME PHONE NO:……………………………………………
HOME PHONE NO:………………………………………………..
MOBILE PHONE NO:……………………………………………...

VESSEL OWNER`S OR BROKER`S NAME AND PHONE NUMBER (IF DIFFERENT)……………………………………………………………………………………………….

PLEASE ADVISE PURPOSE FOR WHICH VESSEL IS BEING PURCHASED AND ANY SPECIAL INSTRUCTIONS:……………………………………………………………………………………………………………………………………………………………………………………………………………………………………