Services, Contracts & agreements is subject to the SAC Standard terms and conditions on this document & for Damage Surveys the London Terms Of Engagement for Surveyors as applicable
For a service agreement between the Client and Survey Association following “Terms and Conditions” apply
TERMS AND CONDITIONS
In these terms and conditions:
- “SAC” means Survey Association Ltd, its subsidiaries, employees, representatives and surveyor associates, individually or collectively.
- “Client” means the legal entity for whom the person accepting these contract terms is acting, its affiliates, subsidiaries and the officers, directors, employees, representatives and agents of any of them, individually or collectively.
- “Services” means services provided by SAC.
- “Contract” means this agreement for supply of the Services
No addition, alteration or substitution of these Terms and Conditions will bind SAC, or form part of this Contract unless it is expressly accepted in writing by the Director of SAC who expressly states in writing that SAC is agreeing to alter these Terms and Conditions. In the event of any conflict between these Terms and Conditions and any document claiming to impose different terms, these Terms and Conditions will prevail.
This Contract with an SAC reference number constitutes the entire agreement and supersedes any previous contracts/agreements for the services in the Services text box, whether oral or written.
This Contract continues in force until terminated by SAC or the Client, after giving the other party 30 days’ written notice.
The Client agrees to pay for the Services within 30 days of the invoice date (the due date). If the Client disputes an invoice, or part of an invoice, the Client must immediately notify SAC in writing. If no notification is received by the due date, the Client will be deemed to have accepted the invoice in full. Where only part of an invoice is disputed, the undisputed amount must be paid by the due date. SAC reserves the right to raise interim invoices for Services provided, calculated on a pro rata basis. Fees do not include any tax, including but not limited to Value Added Tax, Goods and Services Tax, withholding taxes, turnover taxes, surcharges or duties as required by law, and if required, any such tax or duty is chargeable to the Client and payable by the Client in addition to the above referenced fees. The Client shall pay the full Fees as invoiced irrespective of whether the Client is required by law to withhold any taxes or duties from the invoiced amount.
SAC reserves the right to charge interest accruing on a daily basis at an annual rate of 10% on any amount remaining unpaid beyond the due date, and may withhold any or all Services until the unpaid amount including interest, are paid in full. SAC may at its sole discretion at any time allocate payment received from the Client to satisfy other earlier invoices that remain unpaid by the Client.
SAC reserves the right to charge for any work that is additional to that originally quoted.
A man-day fee period is considered 8 hours up to and within applicable work and rest hour requirements.
If the Contract is terminated by SAC or the Client before the Services under the Contract are completed, SAC’s fees will be calculated up to the date of termination. Any reasonable costs directly attributed to early termination and any amounts then due to SAC will immediately become payable.
SAC will keep confidential and not use or disclose to any third party outside SAC any data, plan or other technical information received from the Client except as may be required by law or as may be agreed in the contract or authorized by the Client. This obligation will not apply to any data or information that was in SAC possession before its disclosure by or on behalf of the Client, or otherwise becomes available to SAC from an independent source not under a confidentiality obligation to the Client, or if it becomes part of the public domain through no fault of SAC. This obligation will survive termination of the Contract.
The Client shall indemnify and hold all members of SAC harmless from all claims, costs, proceedings, damages and expenses, including legal and other professional fees and expenses, made against, incurred or paid by any member of the SAC as a result of or in connection with any breach by the Client of this contract.
The Client has a duty to provide a safe place of work for SAC’s surveyors. This duty relates to places of work which are under the control of the Client which can include vessels, shipyards, terminals, offshore units, factories, plants, workshops and offices.
SAC’s Services do not assess compliance with any standard other than the standards that are expressly agreed in writing by SAC and the Client.
In providing Services, information, or advice, except as set out in these Terms and Conditions, SAC will not be liable for any loss, damage, or expense sustained by any person and caused by any act, omission, error, negligence, or strict liability of SAC. The Limitation of Liability to all instruction clients arising out of any one instruction, however that liability arises, shall be limited to £3,000,000.- SAC Holds a Professional Liability Insurance if the Client uses the Services or relies on any information or advice given by or on behalf of SAC and as a result suffers loss, damage, loss of profit, loss of contract or expense that is proved to have been caused by any negligent act, omission, or error of SAC or any negligent inaccuracy in information or advice given by or on behalf of SAC, for payment of compensation to the Client(s) for its proved loss up to but not exceeding £5,000,000.- Nothing in these Terms and Conditions creates rights in favor of any person who is not a party to the Contract with SAC.
No omission or failure to carry out or observe any stipulation, condition or obligation to be performed under the Contract will give rise to any claim against SAC or be deemed a breach of contract, if the failure or omission arises from causes beyond SAC’s reasonable control.
This Contract and any dispute or claim between SAC and the Client arising from or in connection with it, or the Services provided hereunder, will be governed by English law, and the English courts will have exclusive jurisdiction over any dispute or claim arising from or in connection with this Contract or the Services provided hereunder.