Terms and Conditions

Terms and Conditions and Legal Notices

 

1. DEFINITIONS

    

A. Client: The company, firm, or person with whom the agreement is made.

B. Surveyor: The attending surveyor conducting the inspection or service for the Client on the date(s) of inspection. 

C. Agreement: The Agreement is between Sun Coast Marine Surveying and Consulting LLC and the Client and is constituted by a signed work agreement / survey order between the Surveyor representing Sun Coast Marine Surveying and Consulting LLC and the Client. It is assumed that the Client has understood the terms and conditions of these legal notices here and the terms and conditions as outlined in the work agreement / survey order or other signed agreement the Client enters in to with Sun Coast Marine Surveying and Consulting LLC. 

 
2. ASSIGNMENT

 
A. Neither party shall transfer or assign its rights or obligations under the Agreement without the prior written consent of the other party provided that the Client may transfer any or all of its rights under the Agreement to any of its affiliate companies or agents, in which case The Client shall procure the acceptance by the assignee of the terms, conditions, exceptions and exemptions of the signed Agreement between the Client, Client’s Agent and Sun Coast Marine Surveying and Consulting LLC.

 
3. DELEGATION

 
A. If Sun Coast Marine Surveying and Consulting LLC considers it more efficient or convenient, The company or the designated Surveyor representing Sun Coast Marine Surveying and Consulting LLC may in his/her discretion procure advice, assistance, and services which it renders under the Agreement from other persons and may in his/her discretion delegate performance of one or more of its obligations under the Agreement. 

B. Sun Coast Marine Surveying and Consulting LLC may sub-contract all or part of the work entrusted by the Client, on terms that any such sub-contractor shall have the protection and benefit of all rights and conditions. This includes all limitations and exclusions of liability contained in these Terms and Conditions of Service.

 
4. PAYMENT

 
A. If any payments to be made under the Agreement shall be subject now or in the future to taxes, levies, or charges of whatever kind in the country in which Sun Coast Marine Surveying and Consulting LLC is operating and which the Client, Surveyor, or Sun Coast Marine Surveying and Consulting LLC is required to pay or which Surveyor or Sun Coast Marine Surveying and Consulting LLC is required to withhold, the Client shall pay such sums as shall yield to Sun Coast Marine Surveying and Consulting LLC after payment or withholding of such taxes, levies or charges the full amounts payable to Sun Coast Marine Surveying and Consulting LLC under the Agreement as if such taxes, levies or other charges were not paid or withheld. In this clause The Client shall include any assignee of any of its rights hereunder.
 

B. When Sun Coast Marine Surveying and Consulting LLC or the Surveyor gives an estimate or indication of price (in writing or orally) he will exercise skill and judgment in doing so. Such estimates are subject to the accuracy of the information supplied by the customer and hence estimates may be amended. 

C. Unless otherwise agreed by Sun Coast Marine Surveying and Consulting LLC payment is due 30 days from the invoice date and/or verified receipt of the invoice to the Client. 

D. Any payments over due by the Client shall be subject to compounded fees from the due date to offset the costs of attempted collections (such as postage, court fees, and collection services). 

E. Except where there are self evident errors in the invoice, payment shall be made by the Client not withstanding any dispute relating to the billings. Any adjustments consequent on settlement of such disputes shall be made within thirty days following the settlement. 

F. The Client is responsible for all charges and boat movements, slipping, docking lifting, removals, replacements and reinstatements arising in preparation for the process of the survey.

G. A Client requiring captain and crew services can pay by cash, Paypal, Square or bank wire only. A deposit and a separate written agreement are required for these specific services. Payments can be made via our website through Paypal. All online deposits must be verified by Sun Coast Marine Surveying and Consulting LLC before rendering services.

H. Where any payment becomes overdue by more than sixty days, Sun Coast Marine Surveying and Consulting LLC shall without prejudice to any other rights, be entitled to terminate the Agreement where upon payment will become due for the value of the work up to the date of termination.

I. Where any signed Agreement without payment becomes overdue by more than three days from the date of the signed Agreement, Sun Coast Marine Surveying and Consulting LLC shall without prejudice to any other rights, be entitled to terminate the Agreement where upon payment can or will become due for the minimum of $300.00 on the date of termination. No services shall be rendered unless the Client or Client’s Agent has signed the Agreement and paid the appropriate fees in full for service.

 
5. LIABILITY AND INDEMNITY

A. Sun Coast Marine Surveying and Consulting LLC shall perform the Agreement with all proper skills in accordance with normal industry standards. 

B. If any work or services under the Agreement are negligently performed or omitted then so far as may be reasonably practicable Sun Coast Marine Surveying and Consulting LLC at its own expense and will cause such work and services to be correctly performed.

C. In this clause Delegate(s) means: 

Employees and agents of Sun Coast Marine Surveying and Consulting LLC. Any person to whom performance of work or services under the Agreement is delegated or sub-contracted by Sun Coast Marine Surveying and Consulting LLC. Any such person’s employees and agents. 

D. The Client shall not sue any Delegate for any loss or damage of any nature suffered by The Client and connected with performance of the Agreement. The Clients sole remedy shall be against Sun Coast Marine Surveying and Consulting LLC under this clause for no more than the value of the survey, inspection, or service. 

E. The total liability of Sun Coast Marine Surveying and Consulting LLC to the Client for breach of the Agreement and the total third party liability of Sun Coast Marine Surveying and Consulting LLC and Delegates shall not for any reason whatsoever (including negligence) in aggregate over the duration of The Agreement exceed an amount equal to the total fees paid and payable by the Client to Sun Coast Marine Surveying and Consulting LLC. 

F. If Sun Coast Marine Surveying and Consulting LLC or any Delegate does incur third party liability of any nature whatsoever arising out of or connected with performance of the Agreement then (subject to the clause below) the Client shall indemnify Sun Coast Marine Surveying and Consulting LLC, or such Delegate against such third party liability and costs and expenses relating thereto, and this indemnity shall apply even if the third party claim was based on negligence. Further to the extent that Sun Coast Marine Surveying and Consulting LLC may have indemnified any Delegate against such third party liability, cost or expenses (which Sun Coast Marine Surveying and Consulting LLC at their sole discretion shall be entitled to do) then The Client shall thereupon be liable to indemnify Sun Coast Marine Surveying and Consulting LLC accordingly. 

G. Where the reason for third party liability mentioned in the above clause was the negligence of Sun Coast Marine Surveying and Consulting LLC, or any Delegate then the Client’s indemnity under the above clause shall apply above the limit of liability mentioned above and Sun Coast Marine Surveying and Consulting LLC shall be liable up to such limit. 

H. In entering into the agreement contained in the above clause titled “Liability and Indemnity” Sun Coast Marine Surveying and Consulting LLC contracts both on its own behalf and as an agent on behalf of Delegates and also as trustee for their benefit. 

I. Neither party shall be liable to the other for indirect or consequential damages resulting from or arising out of the Agreement including but not limited to loss of use of property, loss of profits, loss of product, or business interruption.

 
6. ACCESS TO VESSEL / WORKING ON THE VESSEL

 
A. The client is responsible for obtaining permission from the current owners and yard for the work/survey to be carried out. All relevant equipment is to be made readily available and the vessel be made easily accessible. No work will be conducted without a signed work agreement / survey order form and paid fees for the service. 

B. The Client is responsible for ensuring that where the vessel has been afloat the area below the waterline where critical to inspection is clean and free from debris for the purpose of thorough inspection.

C. The right is reserved to decline any survey for whatever reason and decline the boarding of a vessel where it is considered to do so would be a danger to personal safety.

7. CONFIDENTIALITY

A. The Client undertakes to keep confidential any confidential information disclosed to it by Sun Coast Marine Surveying and Consulting LLC and not to disclose the same either complete or in part to any third party (including subsidiary companies, holding companies, or associate companies) without Sun Coast Marine Surveying and Consulting LLC’s prior written approval, such undertaking to continue notwithstanding the expiry or termination of the Agreement for so long as the information in question has not; become part of the public knowledge or literature without default on the part of the Client, or, been disclosed to the Client by the third party (other than one disclosing on behalf of the Client) whose possession of such information is lawful and who is under no secrecy obligation with respect to the same, or for a period of 10 years from the date the Agreement terminates, which ever is the sooner.

B. Sun Coast Marine Surveying and Consulting LLC shall undertake to keep confidential any confidential information disclosed to it by the Client and Sun Coast Marine Surveying and Consulting LLC shall be liable to the same constraints as imposed by the above clause on the Client.  

C. Photographs and / or video taken by Sun Coast Marine Surveying and Consulting LLC that does not identify the specific vessel by hull numbering, vessel name or Client can be used for advertising, online marketing, and social networking at the discretion of Sun Coast Marine Surveying and Consulting LLC.   

 
8. LIMITATIONS OF SURVEY

 
A. These Terms and Conditions should be read in conjunction with the Agreement. It is understood that the examination carried out within these stated limitations of survey that the opinions given are given in good faith and as far as was seen at the time of the survey.

 
9. FORCE MAJEURE

 
A. Neither party to the Agreement shall be in breach of any obligation hereunder (other than the obligations of the Client to make payment of any monies due to Sun Coast Marine Surveying and Consulting LLC) insofar as performance thereof has been delayed hindered, interfered with or prevented by any circumstances beyond its reasonable control.

 
10. APPLICABLE LAW AND ARBITRATION

 
A. The proper law of this Agreement is Florida law and Florida law shall be used in interpreting the Agreement and for resolving all claims or disputes arising out of or connected with the Agreement (whether based on contract, tort, or any other legal doctrine). Any such claim or dispute not settled by negotiation shall be settled by arbitration in Orlando, Florida under the laws of Florida. The language of the arbitration shall be English.

 

11. USE OF LOGOS / TRADEMARKS

 

A. The use of logos and / or trademarks on this website, stationary, or company materials are intended for displaying memberships, for affiliate marketing purposes, or standards that we adhere to in our practices. The use of logos and / or trademarks are not intended as endorsements for Sun Coast Marine Surveying and Consulting LLC, its surveyors or other delegates.

B. SAMS® and ABYC® logos on this website, Sun Coast Marine Surveying and Consulting LLC stationary, and any other related company media are representations of exclusive memberships held or endorsed by the individual representing surveyor or by Sun Coast Marine Surveying and Consulting LLC. 

C. The Sun Coast Marine Surveying and Consulting LLC logo is a trademark of Sun Coast Marine Surveying and Consulting LLC and is not to be used by any other person or entity except by express written consent of Sun Coast Marine Surveying and Consulting LLC or its officers.

D. The website ‘www.SunCoastMarineSurveyor.com’ is owned, managed, and operated by Sun Coast Marine Surveying and Consulting LLC or its officers. No other person or business entity can use these domain names or material contained therein as their own or for their own business interests without express written consent from the proprietor or officer of Sun Coast Marine Surveying and Consulting LLC.

 

12. CLARIFICATION OF LEGAL NOTICES

 

A. For any questions or clarifications regarding the Agreement or Terms and Conditions and Legal Notices written above please contact us at: Surveyor@MiamiMarineSurveyorInc.com.