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General Terms & Conditions

West Marine Survey — Nantes, France · Effective as of 1 June 2026

1. Application

West Marine Survey provides all surveying, consulting, and related services exclusively in accordance with these Terms & Conditions. These Terms & Conditions are available on request and are deemed accepted by the Client upon confirmation of the appointment or issuance of instructions.

2. Definitions

Unless expressly stated otherwise, the terms used in these standard terms and conditions and in any correspondence passing between WMS and the client are defined as follows:

  • "West Marine Survey" / "Surveyor" / "Consultant": West Marine Survey, based in Nantes, France, and/or its appointed surveyor(s) or consultant(s).
  • "Client": The party requesting or on whose behalf the services are performed, including its agents or representatives.
  • "Client Servant": Any party appointed by the Client to coordinate communication and execution of the Mission.
  • "Mission" / "Services": The surveying, consulting, inspection, or other services agreed upon between the parties.
  • "Report": Any written statement, certificate, or report issued by West Marine Survey in connection with the Services / surveys (issued by e-mail or in formal PDF form).
  • "Appointment Date": The date on which the service agreement is confirmed by any form of communication (email, letter, or message).
  • "Communication": Any written or verbal confirmation, including email, letter, or text message.
  • "Fees": The remuneration charged by West Marine Survey for the Services, including or excluding VAT according to CGI. These fees are based on the normal hourly rate, which shall be notified to the client upon receipt of instructions if requested and depending on the type of survey.
  • "Disbursements": All reasonable out-of-pocket expenses incurred in the performance of the Mission (travel, accommodation, equipment hire, photography, document reproduction, third-party fees, etc.).

3. Mission and Instructions

3.1 — The Client shall provide clear, complete, and timely instructions in writing, together with all necessary information, documents, and access required for the proper execution of the Services.

3.2 — West Marine Survey will confirm acceptance of the instructions. Any modification or addition to the agreed Services must be confirmed in writing by both parties.

3.3 — In case an extension of the mission becomes necessary, WMS will inform the client. The client, in this case, agrees to confirm their agreement in writing.

4. Delegation

West Marine Survey may delegate part or all of the Services to qualified third parties acting under their own responsibility, without prior approval of the Client, while remaining responsible for the overall coordination and quality of the work.

5. Fees, Invoicing and Payment

5.1 — Prices are indicated in the quotation (if requested by the client) or based on the applicable hourly rate, excluding taxes (VAT applicable at the current rate).

5.2 — Fees and Disbursements are invoiced upon completion of the Services or at regular intervals as agreed between WMS and the client.

5.3 — A 30% deposit may be required upon booking if the mission will generate additional expenses such as flight, train tickets or hotel accommodations.

5.4 — All invoices are payable within 15 days from the invoice date, unless otherwise agreed in writing.

5.5 — Late payment shall automatically incur interest in accordance with French law (Law on late payments in commercial transactions) as well as a fixed compensation for recovery costs.

5.6 — West Marine Survey reserves the right to suspend or terminate the Services if any invoice remains unpaid after its due date.

6. Obligations and Responsibilities

a) Client's Obligations

The Client must:

  • Provide complete and timely instructions and all necessary information;
  • Ensure safe and unrestricted access to vessels, premises, installations, or locations;
  • Provide safe working conditions and comply with all applicable health & safety regulations.

West Marine Survey shall not be liable for any delay, failure, or additional costs resulting from late, incomplete, inaccurate, or unclear instructions.

b) Surveyor's Obligations / WMS

West Marine Survey undertakes to perform the Services with reasonable care and skill in accordance with professional standards and good practice in the maritime industry.

c) Reporting

Unless otherwise instructed, a written Report will be issued setting out observations and conclusions based on the information available at the time of the survey/inspection. This report will be issued either by e-mail or in formal PDF form.

d) Privacy & Personal Data

West Marine Survey processes personal data in compliance with the General Data Protection Regulation (GDPR) and applicable French law.

e) Confidentiality

West Marine Survey shall treat all information received from the Client as confidential and shall not disclose it to any third party without the Client's prior written consent, except when required by law.

f) Intellectual Property

All reports, documents, methodologies, and original work produced by West Marine Survey remain its exclusive intellectual property. The Client is granted a non-exclusive, non-transferable licence to use the Report for the purpose for which it was commissioned. The Client may not modify, reproduce, or distribute the Report without prior written consent.

g) Conflict of Interest

Any potential conflict of interest shall be disclosed to the Client immediately.

7. Liability

7.1 — West Marine Survey shall only be liable for direct damage caused by its proven gross negligence (faute lourde) or wilful misconduct (dol). It shall not be liable for simple negligence unless otherwise provided by mandatory law.

7.2 — In any event, West Marine Survey's total liability under or in connection with the Mission shall be limited to the total amount of Fees (excluding VAT and disbursements) paid by the Client for the specific Services concerned.

7.3 — West Marine Survey is not liable towards the client / principal for any financial and commercial losses, indirect damage or consequential losses, including but not limited to loss of income, revenue or profit.

7.4 — West Marine Survey shall not be liable for latent defects that could not reasonably have been discovered during the survey/inspection, nor for any damage caused by third parties to whom part of the Services was delegated.

8. Indemnity

The Client shall indemnify and hold harmless West Marine Survey, its employees, agents, and subcontractors against any claims, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with the Mission, except to the extent that such claims result from the proven negligence or wilful misconduct of West Marine Survey.

9. Force Majeure

In case that WMS or its surveyor is not able to fulfil its obligations under the agreement, in full or in part, as a result of circumstances which cannot be attributed to WMS, which were unforeseeable and/or unavoidable, including but not limited to acts of God, war, terrorism, pandemics, strikes, governmental actions, or extreme weather conditions (flooding, storm, hurricane, snow), sickness or death of employees of WMS, cyber-attacks, or telecommunication interruptions.

"Force Majeure" means any event beyond the reasonable control of a party, which could not reasonably have been foreseen at the time of the conclusion of the agreement and whose effects cannot be avoided by appropriate measures, as defined in Article 1218 of the French Civil Code.

In such cases, either party may terminate the agreement by written notice if the Force Majeure event continues for more than 30 days.

10. Termination

  • The Mission may be terminated at any time by mutual written agreement.
  • West Marine Survey may terminate the agreement immediately if the Client fails to provide necessary instructions, access, or payment.
  • Upon termination, the Client shall pay all Fees and Disbursements incurred up to the date of termination, including any reasonable costs resulting from the termination.

11. Insurance

West Marine Survey maintains appropriate Professional Liability Insurance. A certificate of insurance is available upon request.

12. Time Bar

12.1 — Any complaint relating to the Services or to an invoice must be notified to West Marine Survey in writing, with a detailed description of the alleged shortcoming, within fourteen (14) days after the Client becomes aware of it (or within 14 days of the invoice date for invoicing issues).

12.2 — Any legal claim against West Marine Survey shall be time-barred after one (1) year from the date of submission of the Report (or from the completion of the Services if no Report is issued), or from the date of the final invoice, whichever is later.

12.3 — If the client fails to submit a timely and substantiated complaint with WMS in accordance with article 12.1, any right to compensation from and/or compliance by WMS expires.

12.4 — Any claim against West Marine Survey must be notified in writing within one (1) year from the date of submission of the Report (or from the date the Services were completed if no Report is issued) or from the date of the final invoice issued by WMS. After this period, all claims shall be time-barred.

13. Jurisdiction and Governing Law

These Terms & Conditions are governed by and construed in accordance with French law.

Any dispute arising out of or in connection with these Terms & Conditions or the Services provided shall be subject to the exclusive jurisdiction of the Commercial Court of Nantes (Tribunal de Commerce de Nantes), France.

14. Acceptance

By instructing West Marine Survey or confirming an appointment, the Client acknowledges having read, understood, and accepted these Terms & Conditions in full.

This document is the sole property of West Marine Survey.