Independent marine surveyors & cargo inspection at U.S. ports
24/7 Survey Inquiries: 404-390-2132 | info@amicamarine.com
Independent marine surveyors & cargo inspection at U.S. ports
24/7 Survey Inquiries: 404-390-2132 | info@amicamarine.com
General terms that apply to every marine survey, inspection and related service instructed from Amica Marine.
Effective date: October 15, 2026
These General Terms and Conditions of Business (the “Terms”) apply to every marine survey, inspection, attendance, supervision, sampling, measurement, investigation and related service (the “Services”) provided by Amica Marine (“Amica Marine”, “we”, “us”) to any person or entity that requests or instructs the Services (the “Client”). By instructing the Services, the Client accepts these Terms.
1.1 These Terms apply to the exclusion of any terms the Client seeks to impose, including terms in purchase orders, nominations, charter parties or emails, unless Amica Marine expressly agrees otherwise in writing.
1.2 If there is a conflict between these Terms and a written quotation or scope of work issued by Amica Marine, the quotation or scope of work prevails for that engagement.
1.3 Where the Client instructs Amica Marine as agent for a principal (including a port agent, broker or correspondent), the Client warrants that it has authority to bind the principal, and both the Client and the principal are jointly and severally liable under these Terms.
2.1 The Services are performed only on written instruction, which may be given by email, following our written scope of work and quotation.
2.2 Prices are not fixed. Every engagement is quoted on request according to the port, the location of the vessel (berth, anchorage, buoy or offshore), the vessel and cargo type, the scope of work and the expected duration.
2.3 Attendance times depend on the port, the vessel’s location and schedule, terminal and pilot arrangements, launch availability, weather and access permissions. Any time or date given is an estimate and not a guarantee of attendance.
2.4 The Services are limited to the scope stated in our quotation. Work outside that scope, including additional attendances, waiting time, joint surveys, document review, expert opinions and testimony, is charged separately.
3.1 Amica Marine acts as an independent surveyor. We record quantities, conditions and events as found at the time and place of attendance, using the information, documents, access and conditions available to us.
3.2 Our reports state facts observed and, where requested, our professional opinion. They are not a guarantee, warranty or certificate of the seaworthiness, cargoworthiness, condition, quality, quantity or value of any vessel, cargo or fuel.
3.3 Amica Marine does not perform class or statutory surveys and does not issue classification, flag-state, load line, safety management or other statutory certificates. Those functions belong to classification societies and flag administrations.
3.4 Amica Marine does not certify the quality of cargo or fuel. Analysis of samples is performed by laboratories selected by the parties; our role is limited to sampling, witnessing, sealing and documenting chain of custody as instructed.
3.5 Official inspection and weighing of U.S. export grain are performed by the USDA Federal Grain Inspection Service or delegated agencies. Our services do not replace official inspection.
3.6 Our services do not relieve any party, including shipowners, charterers, shippers, receivers, terminals, stevedores or carriers, of its own contractual, statutory or regulatory obligations.
4.1 The Client shall provide accurate and complete information, including the vessel name and IMO number, location, ETA, cargo or fuel details, and relevant documents such as charter party clauses, nominations, Bunker Delivery Notes, bills of lading and calibration tables.
4.2 The Client shall arrange, or procure through its agent, safe access to the vessel, terminal or premises, including terminal security clearance, launch services and any site-specific induction. Surveyors must hold valid TWIC credentials where required by U.S. law.
4.3 The Client shall inform Amica Marine of any known hazards, including hazardous cargo, toxic or oxygen-deficient atmospheres, enclosed spaces and ongoing operations.
5.1 Our surveyors may refuse to enter any space, board any vessel or perform any task they reasonably consider unsafe, including enclosed spaces without a valid entry permit and gas-free certificate, boarding in unsafe sea or weather conditions, or work without suitable means of access. Such refusal is not a breach of these Terms, and attendance time remains chargeable.
6.1 Fees, expenses and payment terms are stated in the quotation. Unless stated otherwise, travel, launch hire, tolls, parking, accommodation, laboratory charges, courier costs and extended waiting time are charged in addition to fees.
6.2 Cancellation after a surveyor has been dispatched, or delay caused by the vessel, terminal or Client, may be charged at the rates stated in the quotation.
6.3 Invoices are payable in U.S. dollars within the period stated on the invoice, without set-off or deduction. Overdue amounts may bear interest at the rate stated in the quotation or, if none is stated, at the maximum rate permitted by applicable law, and Amica Marine may withhold reports until payment is received.
7.1 Reports are prepared for the Client only. No third party may rely on a report without Amica Marine’s prior written consent. Where consent is given, the third party relies on the report subject to these Terms.
7.2 Amica Marine treats information received in connection with the Services as confidential, except where disclosure is required by law, regulation, court order, the U.S. Coast Guard or another competent authority, or is made with the Client’s consent.
7.3 A report reflects the conditions at the time of attendance. Amica Marine is not responsible for changes occurring before or after attendance or for matters outside the agreed scope, including areas not accessible or not inspected.
7.4 Copyright in reports, photographs and calculation sheets remains with Amica Marine. The Client may use them for the purpose for which they were commissioned, including in commercial settlement, insurance, arbitration and litigation.
8.1 Samples are drawn, witnessed or sealed in accordance with the method agreed with the Client. Unless otherwise agreed, Amica Marine does not store retained samples beyond delivery to the party or laboratory nominated by the Client, and is not responsible for samples after such delivery.
9.1 Amica Marine shall exercise reasonable skill and care in performing the Services. Amica Marine gives no other warranty, express or implied.
9.2 To the fullest extent permitted by law, Amica Marine’s total liability arising out of or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed ten (10) times the fee charged for the specific Service giving rise to the claim.
9.3 Amica Marine shall not be liable for any indirect or consequential loss, or for loss of profit, loss of hire, demurrage, detention, loss of market, loss of contract or delay, however caused.
9.4 Amica Marine shall be discharged from all liability unless a claim is notified in writing within ninety (90) days after the date on which the Client became aware of the facts giving rise to it, and suit or arbitration is commenced within one (1) year from the date of completion of the Services or, in the case of non-performance, from the date on which the Services should have been completed.
9.5 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct or fraud.
10.1 The Client shall indemnify and hold harmless Amica Marine, its surveyors, employees and subcontractors against all claims by third parties arising out of the Services in excess of the limits in clause 9, except to the extent caused by Amica Marine’s gross negligence or willful misconduct.
11.1 Amica Marine is not liable for delay or failure to perform caused by events beyond its reasonable control, including hurricanes, tropical storms, fog, high water, port, channel or terminal closures, U.S. Coast Guard or port authority restrictions, labor disputes, epidemics, government action, unavailability of launch services and acts of war or terrorism.
12.1 Attendance at depositions, hearings, arbitrations or trials, preparation of expert reports and responses to subpoenas are outside the scope of the Services and are charged at Amica Marine’s rates then in force, plus expenses.
13.1 Amica Marine may engage qualified subcontracted surveyors, divers, laboratories or specialists to perform part of the Services. Clauses 9 and 10 extend to their benefit.
14.1 These Terms and any dispute arising out of or in connection with the Services are governed by the general maritime law of the United States and, to the extent not covered by maritime law, the laws of the State of New York, without regard to conflict-of-law rules.
14.2 Any dispute shall be referred to arbitration in New York before three arbitrators under the Rules of the Society of Maritime Arbitrators, Inc. then in force, unless the amount in dispute does not exceed US$100,000, in which case it shall be decided by a sole arbitrator under the Society’s Shortened Arbitration Procedure. The award may be entered as a judgment in any court of competent jurisdiction.
15.1 These Terms, together with the quotation, form the entire agreement for each engagement. If any provision is held invalid or unenforceable, the remaining provisions remain in force. Failure to enforce a provision is not a waiver. Amica Marine may update these Terms; the version in force on the date of instruction applies.
Amica Marine – info@amicamarine.com – 404-390-2132.
