Terms & Conditions

The IMCS Group companies operate under the below listed Terms & Conditions.

The Client’s commissioning of the assignment or acceptance of our quotation shall be deemed as acknowledgment and acceptance of these terms.

1. Definitions
   • “Surveyor/Consultant” is the Surveyor/Consultant trading under these conditions.
   • “Client” is the party at whose request or on whose behalf  the Surveyor/Consultant undertakes surveying services
   • “Report” means any report or statement supplied by the Surveyor/Consultant in connection with instructions received from the Client.“
   • Disbursements” means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary.
   • “Fees” means the fees charged by the Surveyor/Consultant to the Client and including any value added tax where applicable and any Disbursements.
2. Scope
   • The Surveyor/Consultant shall  provide its services solely in accordance with these terms and conditions.
   • Any purchase terms, general terms and conditions or other contractual conditions of the Client shall not apply to the contractual relationship between Surveyor/Consultant and the Client, unless such conditions have been expressly accepted in writing and in advance by an authorised representative of the Surveyor/Consultant.
3. Agreement
   • An agreement between IMCS and the Client shall be deemed to have been concluded upon the earliest occurrence of any of the following:
     • the Client signs or accepts an offer or quotation issued by the Surveyor/Consultant, electronically or otherwise;
     • the Client confirms its acceptance of the offer, quotation or assignment by any other written or electronic means; or
     • the Client instructs or requests IMCS to commence the relevant services or activities.
4. Work and timeframe
   • The Client will set out in writing the services which it requires the Surveyor/Consultant to provide.  The Surveyor/Consultant will confirm in writing that it accepts those instructions alternatively what services it will perform in connection with the Client’s instructions.  Once the Surveyor/Consultant and the Client have agreed what services are to be performed any subsequent changes or additions must be agreed by both parties in writing.
   • Unless expressly agreed otherwise in writing, any dates or timeframes stated by IMCS for the performance or completion of services, or for the delivery of any report, analysis or other document, are estimates only and shall not constitute binding deadlines.
5. Payment Conditions and Supplier Forms
   • If the Client requires the completion of a supplier registration form, vendor onboarding document, or any other administrative paperwork as a condition for processing payment, such documentation must be provided either at the time of the request for the assignment or upon acceptance of our quotation. Should the required documentation be extensive or time-consuming, additional administrative fees may apply. The Client’s request for the assignment or the Client’s acceptance of our quotation shall be deemed as acknowledgment and acceptance of these terms, as stated above.
   • The Client shall pay the Surveyor/Consultant’s Fees punctually in accordance with these Conditions and, in any event, not later than 30 days following the relevant invoice date, or in such other manner as may have been agreed in writing between the parties. Contractually, this payment term may be extended up to a maximum of 60 days. Longer payment terms beyond 60 days are not permitted by Belgian law.
   • Any delay in payment shall entitle the Surveyor/Consultant to interest at 4.5% above the Base Lending Rate of HSBC Bank Plc prevailing at the time of default. In addition, for commercial transactions, statutory late payment interest of 11.5%  shall apply by operation of law. Furthermore, a fixed compensation of €40 shall be due for collection costs, without the need for the creditor to formally place the debtor in default.
   • If an invoice is not paid by its due date, the Surveyor/Consultant shall, without prejudice to any other rights or remedies available to it, be entitled to suspend all or part of the services until full payment has been received. Such suspension may include, without limitation, withholding the delivery or release of any report, analysis, certificate or other document.
     IMCS shall not be liable for any delay, loss or additional cost arising from a suspension made in accordance with this provision. Any agreed timeframe shall be extended by at least the duration of the suspension.
   • Clients who require invoices to be issued in USD must communicate this at the start of the engagement. If a client requests an already‑issued invoice in EUR to be converted to USD, an administrative fee of EUR 75 will be charged. This fee will be invoiced in USD, based on the applicable exchange rate on the day the revised invoice is issued.
6. Obligations and Responsibilities
   1. Client
      The Client undertakes to ensure that full instructions are given to the Surveyor/Consultant and are provided in sufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for the Surveyor/Consultant to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions.The Surveyor/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
      Any report issued by the Surveyor/Consultant may only be shared by the party that directly instructed the Surveyor/Consultant and to whom the report was issued (the “Principal”).
      The Report must be shared in its complete and unaltered form. No extract, statement, conclusion, image, table or other part of the Report may be shared separately, taken out of context or presented in a manner that may give a misleading impression as to the Report’s contents, scope or conclusions.
      No other person or entity may share, circulate or disclose the Report without the prior written consent of the Surveyor/Consultant.
   2. Surveyor
      The Surveyor/Consultant shall use reasonable care and skill in the performance of the services in accordance with sound marine surveying/consulting practice.
   3. Reporting
      The Surveyor/Consultant shall submit a final written Report to the Client following completion of the agreed services describing the Surveyor’s/Consultant’s findings and the condition and/or quality of the object and/or purpose of the assignment, unless otherwise expressly instructed by the Client not to do so.
   4. Confidentiality
      The Surveyor/Consultant 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 save where required to do so by an order of a competent court of law.
   5. Property
      The right of ownership in respect of all original work created by the Surveyor/Consultant remains the property of the Surveyor/Consultant.
   6. Conflict of Interest/Qualification
      The Surveyor/Consultant 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/Consultant to continue its involvement with the appointment.  The Client shall be responsible for payment of the Surveyor/Consultant’s Fees up to the date of notification.
7. Liability
   1. Without prejudice to Clause 7, the Surveyor/Consultant shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or willful default of the Surveyor/Consultant or any of its employees or agents or sub-contractors ,
   2. In the event that the Client proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or willful default of the Surveyor/Consultant aforesaid, then, save where loss, damage, delay or expense has resulted from the Surveyor’s/Consultant’s personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, the Surveyor’s/Consultant’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated on the basis of ten times the Surveyor’s/Consultant’s charges or £125,000 whichever is the greater.The Surveyor/Consultant shall not be liable for loss of or damage to equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.
8. Indemnity
   Except to the extent and solely for the amount therein set out that the Surveyor/Consultant would be liable under Clause 6, the Client hereby undertakes to keep the Surveyor/Consultant and its employees, agents and sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the Surveyor/Consultant may suffer or incur (either directly or indirectly) in the course of the services under these Conditions.
9. Force Majeure
   Neither the Surveyor/Consultant 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, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.
10. Insurance
    The Surveyor/Consultant shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Surveyor/Consultant may be held liable to the Client under these terms and conditions.
11. Surveyor’s/Consultant’s Right to Sub-contract
    The Surveyor/Consultant shall have the right to sub-contract any of the services provided under the Conditions, subject to the Client’s right to object on reasonable grounds.  In the event of such a sub-contract the Surveyor/Consultant shall remain fully liable for the due performance of its obligations under these Conditions.
12. Time Bar
    Any claims against the Surveyor/Consultant by the Client 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.
13. Jurisdiction and Law
    These Conditions shall be governed by and construed in accordance with the laws of England and Wales and any dispute shall be subject to the exclusive jurisdiction of the English Courts.