Williamson Marine Surveyor LLC.
Joseph M. Williamson AMS, SAMS # 737
Accredited Marine Surveyor
Ph. 1 813 641 1001 Cell Ph. 1 813 401 8215 Fax: 1 866 641 5239
Serving Florida and all states upon request
All surveys are to ABYC,SAMS, NFPA, USCG & ASA standards
Contract for Services Terms and Conditions Role of the Surveyor
Standard Terms and Agreement
1.Fees and expenses shall become due and payable on such terms and in such amounts as shall be agreed from time and time. Invoices will be submitted setting forth all fees and expenses and the amount of each invoice shall be paid before work commences. To the extent that fees and expenses are not paid in advance of any work commencing, such amounts shall be paid within 30 days of invoicing. All amounts not paid when due shall bear interest at the rate of 5% of the unpaid amount. In addition, the customer shall pay all costs of collection of unpaid amounts, including without limitation, the fees and costs of a collection agency and attorneys.
Liability and Limitations:
- All services and reports are provided for our customer’s use only. No liability is assumed towards any other party and nothing in these terms, or the relationship between us and our customers, shall confer or purport to confer on any third party a benefit or the right to enforce any provision of these terms.
- We shall undertake the services to which these terms relate with reasonable care, skill and diligence, but we shall have no responsibility or liability, except for damage resulting from our negligence, gross negligence or willful default. Notwithstanding any other provision of these terms:
3.1. Our liability shall expire 6 months after completion of the services in respect of which liability is alleged to arise;
3.2. 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), (2) of which written notification shall not have been given within 14 days of the date on which the customer ought reasonably to have become aware of the existence of such breach, or (3) resulting from unforeseeable causes beyond our reasonable control;
3.3. The customer covenants with us and our agents and employees that no such agent or employee shall be under any liability for any loss arising from any act, failure to act or default on his part during the course of or in connection with his employment;
3.4. Under no circumstances shall our liability exceed a total of (5) times the fee payable here under.
1.Customer Default-We may terminate our agreement with the customer if the customer: (1) fails to pay all sums due and said failure continues for 14 days after the date due; or (2) fails to respond promptly to requests for information.
Other Defaults-Either party may terminate our agreement upon written notice to the other upon the occurrence of either of the following: (1) If the customer is a business entity, it ceases to exist; or (2) either party seeks and receives a declaration of relief under the bankruptcy protection laws; without prejudice to the accrued rights of the other party.
Law and Disputes:
1.These terms shall be governed by and construed under the laws of the state of Florida, which is in the state of business for Williamson Marine Surveyors LLC. Any dispute relating to the performance of services by Williamson Marine Surveyors LLC. and any of its affiliates, employees or agents shall be brought in the courts of Florida.
2. Any delay in exercising any right or remedy here under by either party shall not be deemed a waiver of said right or remedy.
- Neither party shall transfer or assign its rights or obligations under these terms without the prior written consent of the other party.
- In the event that any provision herein is void as a matter of law, the same shall be deemed deleted from these terms and the remainder of the terms shall be in full force and effect.
- These terms form the entire agreement between the parties and supersede any prior agreements, oral or written, between the parties.
- The provisions set forth herein shall be binding upon and benefit our employees, agents and subcontractors.
- 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 a record of said transmission is possible) and all notice shall be deemed received when transmitted in the case of a fax or electronic mail and 2 business days after mailing in the case of mail.
- Both parties agree to reasonably maintain the confidentiality of all information supplied by each other and agree to not divulge said information to third parties without prior written consent.
I HAVE READ AND HEREBY AGREE AND CONSENT TO THE TERMS AND CONDITIONS
Accepted By: ________________________ Date: _______________