These are the standard terms and conditions of business of the International Institute of Marine Surveying Ltd
Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in our quotation/invoice (Services) by International Institute of Marine Surveying Ltd, a company registered in England and Wales under number 04742692 whose registered office is at Murrills House, 48 East Street, Portchester, Hampshire, PO16 9XS (we or us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation/invoice or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Services
4. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement and we will notify you of this is necessary.
5. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
6. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your obligations
7. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
8. If you do not comply with clause 10, we can terminate the Services.
9. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Membership services
10. The IIMS provides a range of membership services and benefits for marine surveyors and other suitably qualified marine professionals. The full range of services can be read here.
11. In exchange for providing these membership services, IIMS charges an annual fee. The rate of charge depends on the category of membership applied for and your location in the world.
12. Existing members will be invoiced annually for their membership. The membership year runs from January to December. Invoices are generally raised in GBP, although if you are located in an area where we have an established regional branch, you may be invoiced in local currency. Payment is required within 30 days of invoice or as specified on the invoice.
13. New members must submit a £75 non-refundable deposit with their application. If the membership application is successful and approved, an invoice will be generated. Payment is required within 30 days of invoice or as specified on the invoice.
14. Upgrading membership; Existing members wishing to upgrade their membership must send a £75 non-refundable deposit with their application. If the membership upgrade is approved, an invoice will be generated. Payment is required within 30 days of invoice or as specified on the invoice.
15. Cancellation and refund policy; members are entitled to cancel their membership at any time but no refund will be payable.
Training, meetings and online seminars
16. Training and meetings
From time to time IIMS organises meetings, training, conferences and online seminars for the benefit of the Institute’s members. Non-members are welcome to attend. Upon confirmation that you wish to attend, an invoice is generated. Payment is required within 30 days of issue. In the event you can no longer attend, please inform us in writing within 48 hours prior the event to receive a refund. Cancellations after this and non attendance shall be charged at the full rate of the course.
Education programmes
17. The IIMS organises a recognised distance course leading to an IIMS Diploma in Cargo and Commercial Ship and Yacht & Small Craft Marine Surveying. Full details can be found in the course prospectuses on the web site.
18. The IIMS charges a fee of £2,950 for the diploma and the course is VAT exempt.
19. The course programmes start on the 10th of January, April, July and October.
20. Do not send any money with your application. When your application is approved you will be contacted by email with a pro-forma invoice explaining the payment options.
21. Payment Plan
50% payment of your total fees before your start date are due in order to start your course and then the balance 3 months later. You may pay by cheque, by bank transfer or by credit/debit card.
22. Cancellation policy: If your application to cancel is made in writing before the start date of the course a full refund is available less an administrative charge of £250 excluding VAT.
23. After your course start date no refund will be issued.
24. Extension to Course: You have the opportunity to extend the length of your course by an extra 3 months at a cost of £150 excluding VAT, 6 months at £300 excluding VAT and 12 months at £400 excluding VAT. This is only possible once and would need to be agreed and paid for before the end of the registered course.
Certifying Authority coding work
25. The IIMS is engaged by contract by the UK Government (Maritime & Coastguard Agency) to conduct vessel coding services on behalf of UK flagged vessel owners.
26. If you are a vessel owner using the services offered by the IIMS, please read the following:
It is your responsibility to engage a surveyor to conduct the coding and to pay him/her directly for their services. The IIMS makes an administrative charge to cover the cost of processing and administering the paperwork. A list of charges can be found here.
27. You are required to send payment by cheque/bank transfer or other means at the time of ordering your vessel documentation. Invoices issued are to be paid on receipt.
Payments
28. We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. on the invoice dates set out in the quotation.
29. You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
30. Time for payment shall be of the essence of the Contract.
31. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
32. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
33. All payments must be made in British Pounds unless otherwise specified.
Sub-Contracting and assignment
34. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
35. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
36. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment
Intellectual property
37. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
38. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
39. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
40. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
41. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
42. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
43. Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer by email here.
Circumstances beyond a party’s control
44. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
45. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
46. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
47. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No waiver
48. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
49. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
50. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh Courts.
