AMA Terms & Conditions
“Company” or “Surveyor” is the Company trading under the terms and conditions that are set out by the
Company, “Atlantic Marine Associates”.
“Client” is the party at whose request or on whose behalf the Surveyor undertakes to perform surveying or
“Report” is any verbal or written report, advice or statement supplied by the Surveyor in connection with
instructions received from the Client.
“Expenses” is the reasonable cost of photography, reproduction of drawings, diagrams, sketches and
printing, duplicating and, where applicable, electronic transmission fees and all reasonable and appropriate
expenses incurred, including travel and hotel accommodation where necessary.
“Fees” is the fees charged by the Company to the Client including any applicable taxes where added and
any expenses incurred in order to fulfill the services required.
The Company will provide services solely in accordance with these terms and conditions. Where appropriate,
the Client will set out in writing the services which it requires the Surveyor to provide. In the case of
services for a subscription insurance market, this will be the requirement of the policy leader. When acting
for Underwriters or other Clients, the surveyor’s opinions will be offered strictly without prejudice to
liability, unless specifically directed and authorized otherwise by the Client.
Under the normal circumstances of engagement, the Company will offer to perform the work on an hourly or
daily rate as mutually agreed. Hourly or daily rates may be reviewed periodically by the Company, entirely
at the discretion of the Company.
The Client will be responsible for the Company’s invoice and shall pay the fees generated punctually in
accordance with these Conditions and in any event not later than thirty (30) days following the relevant
invoice date. In certain circumstances the Company may legitimately request payment of estimated fees in
advance of services to be rendered.
Surveyor The Surveyor shall use reasonable care and skill in the performance of the services in accordance
with good marine surveying practice whilst always observing safe working practices. The Surveyor will make
the final decision regarding the safety of the working conditions encountered.
Reporting The Surveyor shall submit interim advices, site situation reports and a final report to the Client
during and following completion of the agreed services describing the Surveyor’s findings, assessments and
inspection purporting to the purpose of the Client’s instruction, unless otherwise expressly instructed by the
Client not to do so.
Confidentiality The Company 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 or where required to do so by an order of a court of law.
Intellectual Property The right of ownership in respect to any intellectual property resulting from the
performance of the work created by the Surveyor remains the property of the Company. The Client shall be
entitled to disclose the report or document to a third party for whose benefit the instruction was specifically
commissioned. The Company 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 Surveyor to continue
his involvement with the appointment. The Client shall be responsible for payment of the Surveyor’s fees up
the date of such notification.
Client The client shall promptly settle the Surveyor’s invoice in accordance with Payment Terms above.
The Company shall be under no liability whatsoever to the Client or to any 3rd party whosoever for any loss,
damage, delay or expense, whether directly or indirectly arising, whenever and howsoever caused.
In compiling reports the Company may have relied upon information provided by other parties including 3rd
parties and which may not have been factually verified and for which the Company can accept no liability
In any event, the Company’s total liability for professional negligence will not exceed the fee paid for the
services performed. Neither the Company 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 or terrorism, seizure under legal process, quarantine restrictions,
strikes, boycotts, lockouts, riots, civil commotions and arrest.
In any event, the Company shall maintain, at no cost to the Client, Professional Liability Insurance for such
loss and damage for which the Surveyor may be held liable to the Client under these terms and conditions.
The Company or the Surveyor shall have the right to sub-contract any of the services provided under the
conditions, subject to the Client’s right to discuss such an appointment. In the event of such a sub-contract,
the Company shall remain fully liable for the due performance of its obligations under these conditions.
In any event, any claims against the Company 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.
The Company shall retain all data, correspondence, documents and records that have a bearing on the
services provided to the Client for a period of seven (7) years after completion of the service.
The foregoing Terms & Conditions and any dispute arising therefrom shall be governed by and construed in
accordance with the laws of the State of New York.