Surveyors Signing Indemnities
If you are asked to sign any indemnity/waiver prior to boarding a vessel, we would suggest, ideally, that nothing at all be signed but if this is impossible the following wording be used:
“In consideration of your allowing [the Surveyor] its agents and/or servants (“the Company”) to board the above vessel for the purposes of carrying out a survey on behalf of the Company’s principal/s, the Company hereby undertakes not to make any claim against the Owner, their servants or agents (“the Owners”) for any losses suffered by the Company (other than those for which the Owner cannot exclude their liability by provision of statute) provided such losses occurred solely due to the Company’s negligent acts and omissions or wilful misconduct.
Further, the Company hereby agrees to indemnify the Owners against any claims brought by any third party arising from the Company’s negligent acts and omissions or wilful misconduct whilst onboard your vessel.
This Agreement shall be governed by and construed in accordance with English law. Any disagreement or dispute arising from this Agreement is subject to the exclusive jurisdiction of the English High Court, or if agreed in writing between the parties, arbitration in London, subject to the provisions of the Arbitration Act 1996, or any statutory modification or re-enactment thereof for the time being in force any, and the current rules of the LMAA from time to time in force.”
